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City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 13-00399
Enactment #: R-13-0183
Version: 1
Type: Resolution
Introduced: 3/22/13
Status: Passed
Enactment Date: 5/9/13
Controlling Body: City Commission
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH ATKINS NORTH AMERICA, INC., THE
HIGHEST -RANKED FIRM PURSUANT TO REQUEST FOR QUALIFICATIONS NO, 12-13-016,
TO PROVIDE CAPITAL PROGRAM SUPPORT SERVICES, FOR A TWO (2) YEAR PERIOD, WITH
THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN THE
TOTAL AMOUNT NOT TO EXCEED $1,500,000; ALLOCATING FUNDS FROM VARIOUS
CAPITAL IMPROVEMENT PROJECTS, FOR SAID PURPOSE.
WHEREAS, the Capital Improvements Program ("CIP") issued R.equest for Qualifications ("RFQ") No. 12-13-016 on
February 1, 2013, for the provision of Capital Program Support Services; and
WHEREAS, on February 22, 2013, five (5) proposals were received in response to the RFQ and were deemed responsive;
and
WHEREAS, the Evaluation Committee ("Committee") convened on March 14, 2013 and shortlisted four (4) firms in the
following alphabetical order: Atkins North America, Inc. ("Atkins"), CH2M Hill, Parsons Brinkerhoff, Inc., and CSA Group;
and
WHEREAS, the Committee requested that the four (4) shortlisted firms respond to questions during a presentation
session, conducted with each firm on March 26, 2013; and
WHEREAS, based on the results of the Committee's evaluation, Atkins was determined to be the top -ranked finn; and
WHEREAS, the City Manager requests authorization to execute a Professional Services Agreement ("Agreement")
with Atkins, for the provision of Capital Program Support Services, in an amount not to exceed $1,500,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and
incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized {1) to execute an Agreement, in substantially the attached form, with
Atkins, the highest -ranked firm pursuant to RFQ No. 12-13-016, to provide Capital Program Support Services, for a two (2)
year period, with the option to extend for two (2) additional one (1) year periods, in an amount not to exceed $1,500,000, with
funds allocated from various Capital Improvement Projects, for said purpose.
file:///S1/...Capital%20Improvement%20Program/Legislation/2014/10-Nov-20-2014/CPSS-Increase%20to%20Atkins%2OPSA/R-13-0183.htm[9/15/2014 4:20:27 PM]
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Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2}
file:///S1/...Capital%20lmprovement%20Program/Legislation/2014/10-Nov-20-2014/CPSS-Increase%20to%20Atkins%20PSA/R-13-0183.htm[9/15/2014 4:20:27 PM]
Se
ce Category
ntraet Type
Project
CITY OF MMAMI
OFFICE OF OF CAPITAL IMPROVEMENTS PROG
PROFESSIONAL SERVICES AGREEMENT
Capital Program Support Services RFQ No, 12-.13-016
(RE -ISSUE)
Continuing Services for Program ManageMent
Capital Program Support Services for the Office of Capital
Improvements Program
Consultant ATKINS NORTH AMERICA! INC.
TABLE OF ;CONTENTS
ARTICLE aEFINITIONS i,..a.,.,:...,R,i.:.... .............. ...i ,...::,.......,..: :..
2.01 TERM ...........X.....„ ..., r....,.........,...... ...... ...........f...... t.... . • . mls.ists..ssivosswa7
2,03 COMPENSATION ..........•.............. a ... ....k , , 8
ARTICLE 3.PERFORMANCE ....Y...h s...i ...a.... ssisssx.f ....,..........a ... ..ha.._ ......a. 8
3.01 PERFORMANCE AND DELEGATION ...i .._..........•♦.X ams"X.•. t..ii..e ... ....i ....i.... 8
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL ........ .......... 8
3,03 CONSULTANT KEY STAFF/PERSONNEL .................,.......... .R... si.Y.N...;;....
3.04 TIME FOR PERFORMANCE ..... .Y.i.a......... ...i.....l..ah.....%:....A
:ARTIC_LE 4 SUB CONSULTANTS ......... ........ ...... a.................f # ............. ..... ..aiiN'
4.01 GENERAL Xa.. X.,N: R ..... . 3
4.02 SUB CONSULTANT RELATIONSHIPS R .. .X r_..« Y.,.f...a .. . 9
... nRR..YX.kl, .N.a. ♦PY+NX.,,Pa,#.... a4 .. .. N.xx
4. 3 CHANGES TO SUB CONSULTANTS ea..X l.....i. ....... ,.a........NR.i:..X. ,..... ......... 9
ARTICLESDEFAULT__....R...... .......x ..a............P let ......a ..... ;NV ....... AN,. eeive•••!XtRat ...a, . X.......1tt
5.01 GENERAL ....R . a.,A.A.R .... ... ....R .....10
5.02
5.03 TIME TO CURE DEFAULT, FORCE MAJEURE ...le., .......n. N..•i.:,....P. R.R, «.11.4:.10
ARTICLE 6 TERMINATION OF AGREEMENT ....P.R
6.01
6,02 CONSULTANT'S RIGHT TO TERMINATE .....P ..R,R,11
v va¢. -se... PV Ra... sv.a ...
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENTtN... J.a,.Plda. 11
JY. Yi Fa Y.v ..J.1+.iPah-.PP ARTICLE.? DOCUMENTS AND RECRECORDS�i..! via • .,j..;i....iYi.xR J....! .:11
7.01 OWNERSHIP OF DOCUMENTS JJ. i.aii,.W..i.i.....a ia....i.. i..:...ii .hi.iNtJ.YRdi.bik.i..viaP..R11
7.02 DELIVERY UPON REQUEST OR CANCELLATION ....J.:.X..YJJX.-..YPiP,R.i.Nx a..,..RR•11
7,03 REUSE BY CITY . ... ..N#Pa., N...it,.t...lP„NXRgJi..,.tN.IR.11
•CONDITIONS OF DEFAULT............R faaaaa.......... .Y XxYRs.. a., r,.R RRY a f «.,ff Ra.i.a fR vf.aa Rs 0
CI1 k RIGHT TO .,...l.RRX 10
7.04 .I+.NQNDlSCLOSUR:E... .Yn... ..R,.,:,
7.90 rV1AINTE,NANcg OF RECORDS..
ARTICLE 8 fNLJEMNIFICATION..X Y :,: ,aR
ARTICLE'S:INSURANCE ,,...N.X...:..#.h.aa; .k..N...:
9.01 COMPANIES PROVIDING COVERAGE R ..R;; ,R ..RR..x..R,x.R,:.., ,R..f..aR........o ..,.:...13
•
. ry (y
9.02 'VERIFICATION OF INSURANCE I VE.}A✓E..R f .. ...,..� .:.....:'13
9.03 FORMS OF GOVERAGI~eR:RR,,,..Ri,R .,.RiJ,i,.RlRi,........i.:.. ,......R . } .n.,., RRRa:I,RP.....RSPRY'13
PROF/ SSIONAL .LIABILITY IN URANCE, .13
4 WORKERS COMPENSATION INSt1IANCE,..... 13
SUB CONSULTANT•COMPI.,IANCE 13
9a04 MOIDIFICATI3NS •
TO COVERAGE RPY ,. Yt14
Rr••l
.Nt . .. ,,..:.R:'I'1
*A,t,e•AttAttlVettA,RAftt.0441111,t111,12,
...,....:12
gapi program uppartServires-'
(Re -:issue
Page
RFQ 12-13- 1,6
ARTICLE 10 MISCELLANEOUS. .:al,R, ; .aNX,..r.x}rxX .t ae ,a .},N....r,•A•N f a•,..A.,,Xa••a ,..A1
1O.01 AUDIT RIGHTS } 9Rxxa•x x .z N 4R,sx.•r xR.r•! a.r:sR•xrs r, „arAP P•xlaz,, VI•1441111144,044444111,4111
4
10.02 ENTIRE
AGREEMENT
../M ASSIGNS
• ,iaxarx•NJ x rrk x .er ♦ rrtxr r , •rt444
10403 SUCCESSORS d §ND ASSI .xNS YGYEd,,itlYa istl MRiiri,rr6l1 axr• d.JP.RX.P XPxxxl to kxY xirxa T
10,04 TRUTH -IN -NEGOTIATION CERTIFICATE .NN..JY4.t,aaJ , P.R,aa . X„a.a:aRaxnx
10,O5 APPLICABLE LAW AND VENUE OP LI11GATI£ N Rx.•., JR,x.,...P R•.R,.ataX.k, lean lr,.x..i.14
10.06 RRx .. ...4• , 4.421.44401•4 4441,14
10.07 INTERPRETATION Ylai•,.r.t R .:.,,.,R , Y..X•r.i .taaJ.iat ra,.a.9.; ......:1
10.08 JOINT PREPARATION ......... X , ..16
10.09 PRIORITY OF PROVISIONS :<9.:a..a..9aG.x.: G ,a,R,.z ,z,zzRz:, az.zaPz.:aa XrxJ:.: rrrr:.,, r rirai,:.+,1
1.0,10 MEDIATION = WAIVER OF JURY TRIAL„.... •IR, }/aye
10.11 TIME N x aerrtas9NN aw9Y Y Y*R*Nr *Xll,r***X ,r Pu4rtr,oYR Rlai1 V
1 41,2 COMPLIANCE WITH LAWS ,X•r .NXYraa.,N.a.rX f J Y aY 44 NY16
n .ry p.� PARTNERSHIP
�y p�' per+ JtX N... r wa9,.a,a•XNJPYY,R�, r.PLxN99 v.XrI X, R, l.Nx%AaW •
10.13 N 1 PARTNERSHIP i •.....9aisz9Jlrira......,.,s ......x,.•RR YX, ,zzzzxbax•AX9Fa z xi9..lzziaxa•G amaxaa16
a,ar
10.14 DISCRETION OF I IRECTOR,9aa.NX. ,...N...a 4944.14.aa.. r,........ ,rarr..., }•rwa._„•x•axx...• 16
10•15 RESOLUTION OF CONTRACT DISPUTES }J..Re. •JPRJ,RY,. a.N..ro,}a xN,..Y. X.,Y..NJa ▪ Xp ,aw..N16
10.10 INDEPENDENT CONTRACTOR ..• .-,RX,lt••} RXSXroa•. ......N.. • ! .. ,17
ATTACHMENT A ., SCOPE OF WORK •}:•..•.Y •,:., ,aar.laR !!!}•.,llx isms.;.•. •*tiv•Rxt,ta ttaa..20
ARTICLE Al 9ENERAL J:. ..... _ • a..a,.
A1.01 RANGE OF SERVICES ...........•.... r•,a}..atl,,,.... aa 4,..,.•......... .la,.F .,..ro,XRa.a .•44t20
A1,02 .COOPERATIVE WORK. .,.Y.a ,....... Y ..a.... r..,..... X.. R ...I RR , .X.,Xr .......}a.,X,t ........,20
A1.03 .Nc N-EXCLLISIVI= RIGHT.,<• ...... ..... .Rla,.X....,..P.,.J x•.P}rt•.r.•PY.X...,. X9.Y...X9., IYYY,Y Y.Xw 4iii420
A1.04 PAYMENTS:..... P .•s.......lia.f.•N.Y.,... i N YJ.Y , a,. r ,a,..Y.Y air, • •21
ARTICLE A2 OVERVIEW OF CAPITAL PROGRAM SUPPORT. SERVICES N,.r.l,N., YPt:•,p•N21
A2:,01 PRIMARY SERVICES R .r N : Xaia9.,a.. .,X ;x.A,: .•.,.21
A2.02 SPECIALTY SERVICES,NNerr.XNYN...... ... ..... ,YNsvrr.rRl. aX21
ARTICLE A3 PRIMARY SERVICES ,.,..... ,NYw9x xx ......... r•rxa
A3, 1 ADMINISTRATIVE PROGRAM MANAGEMENT....-Y.,X
A3..02 PRODUCTION IVIANAGEIVIENT SERVICES .Na}NNRN..•iNAN
A3.03 CONSTRUCTION
ARTICLE A4 SPECIALTY SERVICES--:...... a..,::..
A602 STAFFING FOR SPECIALTY SERVICES ....,W; •XN.w-.
,.**.r.lG. •,ANF!!R! a
W ro.R•z Y9... ... ar A.......T/a War
sYX •XY. x. rrxi N}.ikWt a l:2 a2r�v
• ••P!, •R 2'XVyy11
26
_ ......r,P.
AO.03 STAFFING CHANGES ss staPaRR 4..•....it•44.441}ei •JPIa}aRAiillf#i3,Aiiti,iii,xft! il,i. il3..1.2(r4F
ARTICLE AS ASSIGNMENT OF WORK.a ..,,,.! . 6.6444.441s.44tl.a..a26
AOJ04.1 WORK ORDERS..:!.,:... aPeaasPA oo:a,aY ..aea,Yia r a ..ar.a afPP.araa2
6
SCHEDULE A2t —, kEYSTAFF a.RY,.9Y.. t........ •a................. r...... !a•a Pa,a saaP:NAaa aP•RNrarr RxP•Ra1.P26
ATTACHMENT B . COMPENSATION .AN,D.PAYMENTS tW ......2.9
;14RTICLE .B1 METHOD OF COMPENSATION........... ,r•axY:t. , ...l,,! .
81.01 COMPENSATION LIMITS a P9NRYXe ,r...J,Jaa •G.9RxXR.. ...Rua.
B1.92 CONSULTANT NOT TO
r. ,XN YYN ••.:29
N.29
ARTICLE B2 WAGE RATES........Yr}...........,.,:raX , !„,xr, x.•N ,Nra r.rN,.x., .....Y..
$2.01 FEE BASIS
B2..02 E�MfPLOYEESAND JOB CLASSIFICATIONS..:,xla'.
B2z03 IUii,ILTI P3rr1 xPP Ix R,X •x!,'RNJJtX •...•.Xx• N:sr •JXro.Pap:.xaX••N:.a-•rl9...Jaa.R.!•.i.NP•J.:a.,X•r
1 2X04 . CALCULATI N .aN...Y....,,..R. r •ala.rav .F,••.N•J..R,,.R..•.! P}R,rxa.a•,......
B2Pil6 EMPLOYEE BENEFITS AND OVERHEAINNax,Y:wNaraa.JwJa:,
B2.06 ESCALATION ara„•,R.ra • .RJRIPX1,tr
ARTICLE 83 COMPUTATION, OF FEES AND COMPENSATION ..... ,.
B3.01 • LUMP SUMJ.... ,
B3.02 HOURLY RATE• FEES.-J,9.9... . ,ai A . .Y.......... .
a YYXa•.11NX GG�29
.. k•a dY2:9
▪ x x_RA9
! wl Ra,.!,....YR!yywt!•0
.Psis••.} xPx••30
,s,,
,nar,x R •x••30
•,a ,•. ,•arR• ••aYa•,aY Y.a,Yaa}Y30Y�i
,,, sR3{0
r•r.,P ,9.9.W opus..YYarY P....YYa m3V
6apltalPnograrnS pportSery ces-
(Re -issue)
Page.2
RFQ 1
B3.03 REIMBURSABLE EXPENSES.—.,..,.a.a.. ..$»...;, .e......a.#„a . ....a.RFa .. .. Vi.,31
B3,04 FEES for SPECIALTY SERVICE. ..y.,;k. .eai.;# a A.,., ..... .PxP...6,31
83.06 FEES .RESULTING FROM PROJECT SUSPENSION..r.kRa,Ra..s. ....a.„x31
ARTICLE B4 PAYMENTS TO THE CONSULTANT a.::a .r..A.... A...ROA 32
a��a{/■y�..// �).•,'tl PAYMENTS {y{/�Y{}p��I,�y Ty+�pa ��uyy, ayr�IF.�y[ (yy
+�4,0! 11 AYflI Eii. S SMk-ENE ALLY 4AF'A.k. RR :4R Pa"R'fa,. AYR#YeFR.ata. AF#.A 9R M.vF A.9P.k-RAA#. kRaR FFF.,.. a.a...
,aa
B4.02 MONTHLY PROGRESS IEPIRTa..A. ..::. .....:.:.. J
to AAA .s•i«..a.#.....«i.,x♦ . 2
134.03 BILLING —.HOURLY RATE a . . a 32.
ARTICLE 05 REIMBURSABLE EXPENSES, + 32
B5.01 GENERAL . ••k .YiR•.... .. 32
a#sas N. a, .•N.u_ ,.a. a. oa-.. ..a.. a. .##... tl. r. ae a a aa. .. Y_
I85.02 TYPES.OF REIMBURSABLE EXPENSES • 33
85.02-1 AUTHORIZATION..•.aa.a.;.a............ ..a.a,.. a ... ... ..... •. ..t.P33
85,03 DEFINITIONS and CATEG ?RIES...a .. •..raF.N,.. a ...,tltl.YNY•YYtla, a. ..G,.iYika 33
85.03 REIMBURSEMENTS TO.SUB CONSULTANTS, 33 .i.R,'ar .Pra r., ....Y
ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS,.......tl.34
Bpp�k p�y{.{ (y,� }�, .p..
6.0l ENERAL.A., . ......Raa..........s.- - ,.r,av
A.xa..,.. .e....a. ..e.:...a «
SCHEDULE 81 -WAGE RATES ,SCIMMARYA, ..••.A.. .•;.Y,;» ...,# aFa a...a.,A 35
SCHEDULE 62 - ESTIMATE OF REIMBURSABL E EXPENSE :.p# ...P.Fe... :R.:;,...axY. ..........:...36
SCHEDULE B-4.2 EXPENSE VOLICHER...a .A.....a, .......,. ........a ...... .,. . r3EI
RFQ .
Page 3
CITY OF MIAMI
OFFICE OF THE CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category
Contract Type
Project
Professional Services (RFQ No. 12-13-016)
Continuing Services for Program Management
Capital Program Support Services for the Office of Capital
Improvements Program (Re -Issue)
Consultant ATKINS NORTH AMERICA, INC.
Consultant Office Location 2001 NW 107th Avenue, Miami, Florida 33172
City Authorization Resolution Number R-13-0183
This Agreement made this 31 day of ! V l 6t in the year 2013 ("Agreement") by
and between the City of Miami, Florida, a Florida municipal corporation, hereinafter called the
"City," and (Atkins North America, Inc.), hereinafter called the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 12-13-016 on February
1, 2013, for the provision of Program Management Services for the Office of Capital
Improvements Program ("Program or Services') ("Project") 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.
S. 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, hereinafter referred to as "CCNA"),
and the applicable provisions of the City Procurement Ordinance, to provide the professional
services as described herein.
WITNESSETH, that the City and the Consultant, for the considerations herein set forth,
agree as follows:
Contract No: 13-1209
Capital Program Support Services- RFQ 12-13-016
VRe-Issue) Page 4
PROFF,,.SSaONAL dE VICES AGREEMENT
.ARTICLE 1 DEFINITIONS
1.01 Attachttrohts Mean the Attachments to this Agreement which are expressly incorporated:
by reference and made a pert.: of this Agreement as if set forth in full
1:02 Base `a0 mean the amount Of compensation mutually agreed upon fir the completion .of
Basic Services,
is Services .means those services designated es such'Ina Work Order.
1.04 Capital Program Support Services or CPSS means Services' provided by the Consultant
including, without limitation, all administratiVe,'technical, and management activities associated
with supporting the City as deterrnined by the Director in the execution and implementation of
the City's :Capital Program.
1.05 City Manager means the duly appointed :chief administrative officer of the City of Miami.
1.00 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 perfarmanpe is; pursuant to City's position as the Owner of the
Project. - [n the':event the Cityexercises its regulatory authority as :a fjdvernmental body, the
exercise of such regulatory authority and the enforcement of any rotes, 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 to any Manner to City as a party to this
Agreement. The City of Mierrii shall be referred to herein es 'City". For the purposes of this
Agreement, "lty" without modification shall mean the City Manager.
1.07City Risk Manager shell mean the Risk Manager of the City of Miami who heads the
Department of Risk Management
.0B Commission Mean he legislative body of the City of Miami,
1.05 Community Business Enterprise ('CBE") Means a business that has registered with the
relevant Miarni-Dade County agencies to compete for County consulting contracts and hat
declared, by registration for statistical purposes, to be a CBE
1.10 Consultant means the individual; partnership, corporation, association, joint venture, or
any combination thereof, of properly_registered professional architects, or engineers, which has
entered irrto"the Agreement to provide professional services to the City.
.11 Contractor Means an iricliVidu.61, partnership, corporation, association, joint venture, Pr any
Combination thereof, which has entered into a contreat-with the City for construction of City
fealties and incidentals thereto,
1.1 Director .rnearts the .Director of the City Department designated herein. who has the
authority end responsibility for managing the specific project or projects covered under this
Agreement. Unless otherwise Spedifiecl herein or in a Work Order, far .the ;purpose of this
Agreement, the .Director is the top administrator of the Capital, :Improvements Program or
designee
1, 0. Errors means iterns in the plans; :specification ar other .documents prepared by the
Consultant that Ore shown incorrectly, Which results in a ohmage to the Services and results in
the need for the construction contractor to perform rework or additional work or which causes a
delay to the completion of construction,
1.14 Errors and Omissions means: design deficiencies in the plans, specification or other
documents prepared by the Consultant, which must be corrected in order for the project to
function or be built as intended,
sap tat Th
,,(Re-Issuej Page
ioNAL SERVCES AGREEMENT
1.15 Horizontal Projects means Capital Projects that generally consist of new construction,
repair andior reconstruction of roadways, rights•ofway and streetscape improvements (roads,
sidewalks and svvale areas) including, without limitation, street grading, pavement milling,
paving, curb and gutter installation, striping, 'sidewalks, pavers, irrigation systems, lighting and
landscaping, hardscaping end- waterway improvements and maintenance, and underground
storm and/or sanitary sewer systems and components such es pump stations, force mains,
Injection wells and disposal outfalls.
1.10 inspector means an employee of the City or of a Consulting firm hired by the pity and
assigned by the City to make observations of work performed by •a Contractor:
1.11 Key Personnel rneans Staff positions assigned on a full time basis to the Program by the
Program Coordinator with the Director's approval, to serve as en e>ctenaion of the City's Staff
typically working inside the City's Miami Riverside Center (MRC) orother requested pity facility.'
1.18
1.19 Notice to Proceed means same as 'AUthorization to Proceed." A.diily autnpriged written
letter or directive Ssued by the Director ar Project Manager acknowledging that all conditions
precedent have been met and/or directing that Consultant may begin work on the Project. No
work May be commenced until a Notice to Proceed is issued , The City will not be liable for any
Cast or fee relative to the WOrk ifa Notice to Proceed has not been istued.
1,20 •Omissions means "te'th rns e plant specifications or other documents prepared by the
Consultant that ara not shown ar:included which are necessary for the proper arid/or safe
operation of the Project or required to meet the Scope of SerVices,
1,21 Primary Services means these Services considered by City to be fundamental tO the successful
tnanagenient of 016 Progr;4rn as stated in the RFQ, and lr Attachment A of this Agreement
1.22 Professional Serviess means those services Within the scope of the .practice of
architecture, andscape 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
erehitect, professional engineer, ar registered surveyor or mapper in connection with .his ar her
professional employment or practice. These services may be abbreviated herein as
'architectural[ engineering services or "professional services', as applicable, which are within
this definition. In this instance such professional services are as defined in § 287, 955,, Florida,
Statutes. as amended (‘`CCNK).
1.23 Prborain means the City's Multi -year capital Improvements and Transportation Programs,
prepared on en annual basis, that details the planned financial resources and implementation
schedule and strategies for the City's -caPital projects Over e five (5) year period, consisting of
•expend itures and .purcheseS .of Capital gods and Ociipment.
124 Project means the construction, alteration andfor repair, arid all services and incidentala
thereto, of a City facility as conternplated and budgeted by the City. The Project shall be further
defined in the Scope of Services ,$hcifor Work Order issued pursuant to this Agreement
1.25 Project Manager Means an employee or representative of the City -assigned by the
Direator to manage and monitor the Services to be performed under this Agreement and rthe
Construction of a project as a direct representative Of the Pity. •
1.26 ResOldtien Meant the document constituting the Official approval Of the City pommisSior)
s required for the City. Manager to execute this Agreement increase the Project Budget,
among other MatterS.
1.27 Risk Administrator means the City s Risk Management Administrator also referred to as
the Risk Management Director, or designee, or the individual named by the City Manager to
administer matters relating to insurance and risk of loss for the City.
1,28 Scope of :Services or Services -means a comprehensive deschption of the actiVities,
tasks, design features, objectives, deliverables and .Mitestones required for the -completion of
Project or en assignment with sufficient detail to allow a reasonably accurate estimation of
resources necessary for its conipletion,
•RAtatal Program Support Services- RFQ 12434)16
(Re-ftsge) Page 6 •
PROPE$SIONAL SERVICES AGREE h ENT
1.29 Specialty Services means those Services Which may not be directly tiedto the overall
management of the Capital Improvements Program but to sortie unique, critical, and/orposs[bly
large scale, element of the Capital improvements Progrartr, that requires expertise that is
unavailable from within the Citys personnel resources:
1.30 Sub Consultant means a person or organization of properly registered professional
architects, engineers, lendsccape architect, 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.
1.31 Vertical Projects means capital Projects that generally consist of new construction, repair,.
tarrovation, and/or expansion of park and recreational facilities, community and day care
centers, administrative offices and facilities, fire stations and support feellities, police facilities,
stadiums, exhibition oenter(s), other performance `venues, marines, or any 'other Projects
identified by the Director;
1.32 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:.33 Work means all services., materials and vided bylor under this Agreement
with the. Ccnsdltart.
132 work Order means a document internal to the City authorizing the performance of specific
professional services for a defined Project or Projects:
1.33 Work Order Proposal .means adocument prepared by the Consultant, at the request Of
the City for Services to be provided by the Consultant;orr a specific Phase of jroject.
ARTICLE 2 GENERAL CONDITIONS
2.01 TERM
The term of this Agreernent shall be for two (2) years commencing en the effective date hereof. The City,
by actionof the City Manager or City Commission, shill have the Option to extend the terra for two (2)
additional periods of one (1) year each, subject to continued satisfactory performance as determined by
the Director, and to the availability arid 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 Ilmits setforth in 2.03 are not exoeeded,
During theterm of this Agreement the Consultant is precluded Wm entering into any other contracts or
agreements With the City to provide Services related' to or contained in the Capital improvements
Program. Where the Consultant has existing contracts or agreements theConsultant shall be precluded
from providing Program Management Services forsuch ccintracts or agreements:
.01.1. Extension of Expiration bate
in the event the Consultant is ;engaged in any Project() rirt the Agreement expiration
date, then this Agreement shall remain in effect until completion or termination of said
Projecti:s), No new Work Orders shall be issued after the expiration date.
2.02 SCOPE OF SERVICES
Consultant sprees to provide the Services as .specifically described end set .forth in Attachrner t 'A"
hereto, which by this reference is incorporated into and made a part of this AAgreement.
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PROFSSONAL SERVICES AGREEMENT
2.02.1 COMMUNITY BUSINESS ENTERPRISE ("CE3V) PARTICIPATION
REQUIREMENTS ORDINANCE 13331, codified as § 18-87(p), City Code.
Prospective Firms must adhere to the following requiretnents:
1) Assn a minimum of fifteen percent (15%) of the. Contract value. to firms currently
certified by Mimi -Dade County as a .Commurrity Buainess Enterprise("Ci3E7
2) Place a specific emphasis on utilizing local small businesses from within the City's
Municipal bOundaries.
2,03 COMPENSATION
2.03.1 Compensation Unite
The arrieunt of compensation payable by the City to the Consultant shall 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 Or Compensation
exceed - One Million Five Hundred Thousand Dollars (S1,500,000,00) .111 total over the 'term of the
Agreement and any .extensiOn(s), unless explicitly approved by prior action Of the City Commission and
put into effect by written amendment to this Agreement executedby the parties , The City May, at its sole
discretion Use other compensation methodologies, The City .shall net have any liability nor will the
Consultant have any recourse against the City for any Compensation, payment reimbursable
expendittire, cost Cr charge beyond the .comperisation limits of this Agreement, as it may be amended
from time to time,
2.03.2 Payments
Unless otherwise.Specifically provided in Attachment B. Payment shall be Made in accordance with
Florida Statutes •Chapter 218, Part VII, .LOcal Geverriment Prompt Payment Act, after receipt of
Consultants proper invoice, as defined by this Act, Which shall be accompanied by sufficient
supporting documentatiOn and contain Sufficient detail, to allow a proper audit ofexpenditures, should
City require one to be perforred. If Consultant is entitled to reimbursement of travel eXpenses, then
ell bills for travel expenses shall be submitted in accordance with the provisions and subject to the
limitations of Section 112.061, -Florida Statutes. Consultant shall utilize Attachment 'C" for the
Submission of proper invoices.
ARTICLE 3 PERFORMANCE
3,01 PERFORMANCE, AND DELEGATION
The Services to be performed hereunder Shall be performed by the Coneuitant a own staff, unless
otherwise, provided in this Agreement Or approved, in Writing by the City. Said approval shall not be
construed as constituting an agreernent Dr cOntractlial relationship of -any kind between the City and said
other person or firm,
3.0.2 REMOVAL OF UNSATISFACTORY PERSONNEL
Director or designee may make written request to Consultant for the prompt removal end replacement of
any personnel employed or retained by the Oensultant, or any Sub Consultants or subcontractors, or any
personnel of any:Such Sub Consultants Or Sub Contractors engaged by the Consultant to provide and
perform Services pursuant to the requirements of this Agreement, The Consultant Shall respond to City
Within fourteen (14) calendar days of rooeipt of such request with either the removal and replacement of
such personnel or written justificatien as to why that may not occur. All decisions involving personnel 'will
be made by Consultant. Such request shell solely rotate to said employees work under this Agreement.
3.03 CONSULTANT KEY STAFF/PERSONNEL
<
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 sblidtation, hereinafter referred to as 4Key
StaffiPerscriner Consultant shall ensure that Key Staff/Personnel are available for Services hereunder
as long as Said Key Staff/Personnel is in Consultant's employ. Consultant will Obtain prior written
eap ital. Program Support Services.
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PROFEssrcrt AL SERvrcES AGREEMEr4r
acceptance of Director or designee to change Key Staff/Personnel, Consultant shall provide Director, or
designee with such information es necessary to determine, th.e suitability of proposed new Key
Staff/Personnel. Director will act reasonably in evaluating Key Staff/Personnel qualific Liens. 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 ali.Services hereunder upon receipt of a Notice to Proceed issued by the
Director and to complete each assignment, task or phase within the time stipulated in the Notice to
Proceed.: Time is of the essence with respect to performance of this Agreement.
A reasonable extension of the time .for completion of various 'assignments, tasks or phases may :be
granted by the City should there be a delay on the part of the City in fulfilling Its obligations under this
Agreement es stated herein. Such extension of time shall not be cause for any claim by the Consultant
for etra comperisation.
3.05 STANDARD OF CARE
Consultant is solely responsible for the technical .accuracy and quality of its Services, Consultant small
perform all Services in compliance with applicable provisions of the Florida Administrative Code including,
without limitation,,. Rule ; 1G95-19.001() and Chapter 471.,entitled "Engineering, Chapter 472, entitled
"Land Surveying and Mapping", Chapter 481, entitled "Architecture", etc, of the Florida Statutes, as
amended , 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 arid coordination of all design,
drawings,, specification, end other Services furnished by the Consultant under this Agreement.
Consultant shall, without additional ;compensation, correct or revise any errors, ornrssions, end/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 lir'nited to additional
work, demolition of existing work, rework, .etc., resulting from any errors, omissions, and/or deficiencies in
its designs, drawings, .specification or other Services.
ARTICLE ,4 SUB CONSULTANTS
4..01 GENERAL
4.01-1 A Sub consultant, as defined in Section 1 30, is a firm that was identified as part of the
consulting team in the competitiveselectionprocess 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.:4 A Specialty Sub con ultant is a person or organization that has, with the consent of the
Director, entered Into a written agreement with. the Consultant to furnish unique and/or specialized
professional services necessary for the Project or task Such Specialty Sub consultant shall be in
addition to those identified in Schedule Al.
4. 2 -SUB CONSULTANT RELATION ;HIPS
4.02-1 All Services provided by the Sub consultants shall be performed pursuant to appropriate
written agreements between the Cvrisultant'and the Sub consultants, which shall contain provisions
that preserve and protect the rights ofthe City under this Agreerrient.
44-2' eth ng contained in this Agreernent. Shall create any Centrabtual or business relationship
between the City and tha Sub consultants, The Consultant acknowledges that Sub cgnaultants are.
entirely tinder its direction, control, supervision, retention and/or discharge.
4,03 CHANGES TO SUB CONSULTANTS
The Consultant shall net add, mortify, or change any Sub consultant listed in 'Schedule Al without_prier
written approval by the Director or designee, in response to a written request from the Consultant stating
the reasons for any proposed substitution:
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PROF'EESICNAL SERVICES AGREEMENT
ARTICLE 5 DEFAULT
.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 terrniriation due to default, iri 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-procutement 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 tray include, without lien tation, any of the
following.
5.02-1 Consultant fails to obtain or maintain the insurance or bending herein required.
5.02-2 Consultant falls to comply, in a substantial or material sense, withany of its duties underthis
Agreement, with any :terms or conditions set forth to 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,
r fails to complete the Services in a timely mariner as required by this Agreement
5..02-4 Consultant is .placed on the debarred vendors list pursuant to Section 287,133, Fioridh
Statutes, as attended, or is otherwise debarred by any Florida public agency.
5.03 TIME TO CURE DEFAULT; FORCE MAJ UR '
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
eascnably Sufficient.
i auld any_such.feilure on the part of Consultant be due to a cc nditiori of Force Majeure as that terrn is
interpreted ender Florida law,. then the City May allow an extension of time reasonably commensurate
with the cause of such failureto perforrnrn. er cure.
ARTICLE 6 TERMINATION OF AGREEMENT
s.ct1 CITY'$ RIGHT TO TERMINATE
The City, including the Director, has the right to terminate this Agreement for convenience„ for any
reason or no reason, upon ten (10) days' written notice. Upon termination of this Agreement, all charts,
sketches, studies, drawings, and other documents, including all electronic copies -related to Services
authorized under this Agreement, whether finished or riot, must be turned over to the - Director or
designee. The Consultant shall be paid in accordance with provisions of Attachment:6, provided that said
documentation is turned over to Director vvithin ten (10) business days Of termination, Failureto 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,
.01 1 Consultant shall have no recourse or remedy from a termination made by the City under
this Article except to receive & retain the fens earned prior to the effective date of termination of this
Agreement, as compensation constituting ;payment in full for the Services that was performed in
comp}ete compliance with this Agreement, as full and final settlement of any claim, action, demand,
cost, charge or entitlement it may have, or will, have against the City, its Officials or employees.
ftFQ 12ra 3-t 6
PRO FESS* NAL`SERVJCES AGREEMENT
6.02 CONSULTANT'S RIGHT TO TERMINATE
INATE
The Consultant shall have the right to terminate this Agreement, 'in writing, followingbreach by the City, if
breach of contract has Oot keen: corrected within sixty (6O) days from the date of the City's receipt of a
written statement from Consultant specifying its breach of ifs 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, ether than a bona fide
employee working solely fpr the Consultant to solicit or secure this Agreement and that he or she has not
.paid or agreed to pay any person, company, corporation, ;individual,, or firm, other than a bona fide
,employee working solely for the Consultant any fee, commission, percentage, gift, or=other consideration
contingent upon or resulting from the award or making of this Agreement,.
For the breach or violation of this provision, the City shall have the right to terminate this A,grrT
without liability and, at its discretion; to deduct 'from the tented price, or otherwise recover, th
mount of such fee, commission, percentage, gift, or consideration.
.ARTICLE .7 DOCUMENTS AND RECORDS
7.91. 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 alleieotronic digital Copies will be considered works made for hire end wiCl, based .on
incremental transfer wherein the _above shall become the property of the •city upon`payrnents made to
Consultant Or termination of this Agreement wit but restriction or limitation on their utsa, 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 materiel arid products or patent; any
Invention developed under this Agreement. The City shall have the right to visit the site foeinspectien of
the work and the products of Consultant at any time. The Consultantshall be permitted to retain copies,
including reproducible copies, solely for inform tion 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
Dtreator or designee Within ten (10) days: of oancellatign, 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 dcic`iarnents, Consultant shall have no recourse from these requirements.
7.03 RE- SE BY.CITY
It is understood that all Consultent:agreements .end/or Work Orders for new Services will include the
provision fax the re-usecif plans and specifications, including construction drawings, at the City's ;sate
option, and by virtue of signing this Agreement Consultant agrees to such reuse 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 ether data for any purpose otherthari:that intended by the terms and conditions of
this Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, ',Constittant agrees not to divulge, furnish or make available to anythird
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 inforn etion
.concerning the services to be rendered by Consultant hereunder, and Consultant :shall require all of its
employees, agents, Sub Oonsultants and suboontractors.to comply With the :provisions of this paragraph.
7.05 MAINTENANCE OF RECORDS
'Consultant will keep adequate records and supporting -documentation, which concern or reflect its
services hereunder, Records subject to the provisions of ;;ublic Record Law, Florida Statutes Chapter
119, shall be kept in acoordance with statute. Otherwise, the records and documentation will be retained
by Consultant fora Mininiurn of three (3) years from the date of termination of this Agreernent or the idate
Vap tal Pro
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M. 1Z•13-#
PRoFESsiONA.L •SirRVrMEs AGREE ru1EN
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..
A
The Consultant shall indemnify, ?defend, save and hotd harmless the City and its officials,
employees and agents (collectively referred to as "tndemnitees" ) and each of them from and
against all loss, costs, penalties,. fines, da-rnages, claims, expenses (including attorney's fees) or
liabilities (collectively referred to es "liabilities') arising Out of or resulting from or in connection
with (i) the performance or nonperformance of the duties, responsibilities„ standards, services,
supplies, materials and equipment contemplated by this Agreement which is directly or indirectly
caused, in whole or in part, by any act, omission, default, professional errors or omissions, or
negligence (whether active or passive) of CONSULTANT or its :employees, agents or sub
consultants (collectively referred to as 'Indemnifying Parties "), regardless of whether it is, or is
alleged to be, caused in whole or part. (whether joint, concurrent or contributing) by any act,
omission, default, breach, or negligence (whether active or passive) of the indemnifying Parties or
indernnitees, or .any of there, ar (II) the failures of the CONSULTANT to comply with: any of the
provisions herein; or (iii) the failure of the CONSULTANT , or the lndemnitees, if applicable, to
conform is statutes ordinances, rules,..:or other regulations or requirements of any federal, state,
county, or city governmental authority or agency ; special ttistrict or school, in connection
with the granting , approving or performance of this .Agreement, or any Amendment to this
Agreement, or any actions or challenges that may arise obit of this Agreement, as amended, by,
as due to alleged failure. to comply With any applicable procurement requirements or similar
limitations imposed On such agreements by law, CONSULTANT expressly agrees to indemnify
and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be
asserted by an employee or former employee of CONSULTANT or any of its subcontractors, as
provided above, for which the :CONSULTANT 's liability to such employee or former employee
would otherwise be:limited to payments under state Worker's, Compensation or similar laws, This
section shall be interpreted and construed In a manner to comply with any applicable Florida`
Statutes, including, without limitation, Sections. 725.05 and 725,08, I".S„ if 'applicable,
Severability shall apply to ,each sentence of this section This Indemnification shall survive the
cancellation or expiration of the Agreerne it.
The Consultant shall retluire ail Sub Consultant agreements to include a provision that they will
indemnify the City,. The Consultant agrees and recognizes that the City shall toot 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 onsttltant'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 thisAgreement.
Teri: dollars ($1 R) of the payments made by the City constitute separate, distinct, and independent
consideration for the granting of this indemnification, the tecelpt artd :suffid1ency of which is
voluntarily and knowingly acknowledged by the Ccrtsultartt,
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PROFESSIONAL SERVICES AGREE
ARTICLE 9 INSURANCE
The Consultant shall not start Services under this Agreement until the Consultant has obtained al`
insurance required hereunder and the City's Risk Manager has approved such insurance,
9..01 COMPANIES PROVIDING COVERAGE
All insurance policies shall be issued by companies authorized to do business under the laws of the State
of Florida; and satisfactory to the Risk. Administrator. All companies shall have a Florida resident agent
and be rated at least AX), 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
prier 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 materialchange, 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 pertainin.g 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. Waiver of Subrogation applies in favorite of
the certificate holder. The Coverage shall be written en a primary and non contribUtory basis with the
City tinted as an additional Insured as reflected by endorsement CG 2010 11/85 or its equivalence.
Notice of can lation should read tap) days/ (1 O) days for .nonpayment.
9.03-2 BUSINESS AUTOMOBILE
The :consultant shall provide business automobile liability ceverageincluding coverage for all owned,
hired and nOri owned autos with a minirpal combined single limit of 1 roopioop naming the Clty as art
additional insured with respect to this coverage. Notice of cancellation .should read (3Q) days/
days for nonpayment,
9.03-3 PROFESSIONAL LIABILITY INSURANCE
The Consultant .shall Maintain Professional .Liability lnsu:rance including Errors and Omissions
coverage 'in the minimum amount of $1,000,000 per claim, $'I,iif70,000 aggregate providing for all
sums ,which the Consultant Shall be legally obligated to pay as chit ages 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 ot'the
construction and acceptance of any project covered by this Agreement, Retroactive date is required
on this policy,
9,43-4 WORKER' 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 rrtinimum limit Of $500,000 each
Occurrence, Waiver of`Subrogatiori applies in favorite of the certificate holder.
9.Q3.9 SUB QN ULTANT POMPLIANCE
Consultant shall ensure that all Sidi consultants cc imply with these Barrie insurance requirements.
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PROFESSIONAL SERVICES AGREEMENT
9.04MObIFICATIOS 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,D6
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 Consultants eccounts during the performance of this Agreerrtent
and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies
of any records necessary, to the opinion Of the Director, to approve anyrequests for payment by the.
Consultant. The Audit and Inspection .provisions of 18-�100 through 18-102, City of Miami City Cede es
amended apply to this Agreement and are deerned as being incorporated by reference herein.
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
aitered 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 ether breach of any provision of this Agreement.
10.03 SUCCESSORS:AND ASSIGNS
The performance of this Agreement .shah not be transferred pledged, solo, delegated or assigned, in
whole or in part, by the Consultant without the written oonsent of the City, acting by and through it$ City
Commission it is understood that a sale of the majority of the stock or ;partnership shares of the.
Consultant, a Merger or .bulk safe, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or salehereunder 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 Aggreement. The Consultantshall have np recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax returns
firm any proposed Assignee and the execution of an Assignment/ Assumption Agreement in .a form
satisfactory.td 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 ell covenants of this Agreement,
10,04 TRU'; H-INTN GOTIA`t"ION CERTIFICATE
TIFIC,A.T
In compliance with the Consultant's Ctirnpetitive Negotiation .Act, for any Project to be compensated
under the Lturnp Sure. method, the Consultant -certifies that Wage rates and other factual unit 'costs
supporting the compensation are accurate, complete, and .current etthe 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-, Inborriplete or non -Current Wage
rates and'otier factual unit costs. All such price adjustments will be Made within 'I year following the end.
of the Project.
10.05 APPLICABLE LAW AND VENUOF LITIGATION
This Agreement. shall be interpreted and ,construed in accordance With and goVerned by the laws of the
State of Florida. Any atilt or action brought by any party, concerning this Agreement, or arising out of this
Agreement, shall be brought in Miami -bade County, Florida, Each party shall bear its own attorney fees
except in actions arising out of Consultant's duties to Indemnify the City under ARTICLE 8 where
Consultant shall pay the CI ty's reasonable attorney's fees,
10.0 . 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
capital Prn.gram Support services
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PROFESSlONAl SERVICES AGREEMENT
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. Tor the present, the
parties designate the following as the respective places for .giving of notice:
For City of Miarrti.
Mark Spanioli; RE,„ 'Director
City of Miami
Capital improvements Program (GIP)
444 S.W. 2"" Ave., - 8 `Fi
Miami, Florida 33130
With a copy to:
feavanny Rodriguez, l.L,,Assistant Director
Capital improvements Program (CIF)
444 SW, 2'ci Ave., +h FI
Miami, Florida 33130
For Consultant:
Diego Clavijo, PMP, PSP Program Coordinator
Atkins North Arnerice, Inc.
2001 NW 107' Avenue, Miami, Florida 33172
Tel: 305-514-3579
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 induce the other gender, end the
singular shell include the plural, and vice versa, unless the orntext 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 gray 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 4 WAIVER OF Y TRIAL
In an effort to engage in a ;cooperative effort to resolve conflict which may arise during thecourseof 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 ell disputes between them shall be submitted to non -binding mediation.
prior to the laitiation 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 lion -binding mediation as the primary.
chanisrn for dispute resolution.
n an effort to expedite the conclusion of any litigation the parties votunteriiy waive their right to jury trial or
to file permissive counterclaims in any action arising under this Agreement.
Page
7�.
ftPQ 12-.43TU.16
PROFESSIONAL SERVICES AGREEMENT
10.11 TIEVIE
Time is of the essence in thisAgreement.
10,1.2 .COMPLIANCE WITH L,A1/1tS
Consultant shall comply with all applicable laws, codes, ordinances, rules,regulations ,and resolutions
including, without !imitation, the Americans with Disabilities Act ('DADA"), as amended, and it appliOable
guidelines :and standards in '.performing its duties, :responsibilities, and obligations .related to this
Agreernent. The Consultant represents and warrants that there shall be no unlawful discrimination as
provided by law in connection with the ;performance of this Agreement.
10.12.1 'Non-D scrimirration
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, oe1Qr, sex, religion; age, handicap, marital status or national -origin. Consultant
further covenants that no otherwise qualified individual Snail, solely by reason of his/her race, color,
Sex,. religion, age, handicap, marital status or national origin„ be excluded firers participation in, be
denied services, or be subject to discrimination under any provision of this Agreement.
1 Ct» I2.2 OSHA COMPLIANCE
The Consultant warrants that it will comply with all safety precautions as required by federal, state or
local taws, rules, regulations and ordinances. The City reserves the right to refuse •Consulter►taccess
Ito City property, Including project jobsltes, 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.
1ti,12.3 ADA COMPLIANCE
Consultant shall affirmatively comply with all applicable prortisions of the Americans with Disabilities
,Act CADA") in the bourse of providing any work, labor or services funded by the city, including Titles I
11 of the ADA (regarding nondiscrimination on the basis of disability) end ell applicable regulations,
guidelines and standards. Additionally -the Consultant shall take affirmative steps toeinsure
.nondiscrimination in employment of disabled persons.
10.13 NO PARTNERSHIP
Consultant is an independent This Agreement does not create ajoint venture, partnership or
other business enterprise between the parties. The Consultant has no au
promise, debt, default, or undertaking ofthe '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 and/or the rector's authorized.
designee.
10.1.5 RESOLUTION OF CONR4,CT 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
ority to bind the .City to any
The initial step shall be for the Consultant to notify the Project Manager In writing of the dispute ;grit
submit a copy to the dity of Miamipersonnel identified in Article 10,06, Notices,
Should the; onsultant and the Project Manager fail to resolve the dispute the Consultant.shall -submit
their dispute in writing, with all, supporting dooureentation, to the Assistant Director and/or the Director's
authorized designee, es identified iri Article 10.06, Notices, Upon receipt cif said notification the Assistant
Director.andior the Director s authorized designee shall review the issues relative to the dispute and issue
a written finding.
Should the Consultant arid. the Assistant Director and/or Director's authorized designee fail to resolve the
dispute the Consultant Shall submit their dispute in writing within five 05) calendar days to the Director,
Failure to subrnit such appeal of the written :finding shall constitute acceptance of the .finding by the
:P: e
16
RFQ 1243-n
PROFESSIONAL SERVICES AGR)
ENT
Consultant. Upon receipt of said notification the Director shall review the issues relative to the dispute
and issue a written finding.
Consultant must submit any further appeal in -writing within five (5) calendar days to the City MVlsnager..
Failure to submit such appeal .of the written finding shall constitute acceptance of the finding by the.
Consultant. Appeal to the City Manager for hisiher resolution, is req tired 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 dr 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 (eq) days has expired after submitting to the 'City Manager a detailed statement
of the .dispute, :accompanied by all supporting documentation, or ,a periodof (9Q) days has
expired where City Manager's decision is subject to City Commission approval; or
City has waived .aornplince with the procedure set forth in this section by written instruments)
signed by the City Manager.
10.16 INDEPENDENT .CONTRACTOR
Consultant has been procured and is being engaged to provide services to the City as an independent.
contractor, and not as an agent or employee of the City. Accordingly, Consultant shall not attain, nor be
entitled to, any rights or benefits under the civil Service or Pension Ordinances of the City, nor any. rights
generally afforded classified or unclassified employees. Consultant further .understands that Florida
Workers' Compensation benefits available to employees of the city are not available to gonsultant, and
agrees to provide workers' compensation insurance for any employee or agent of -Consultant rendering
.entices 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.
"Ill„I 'THIRD PARTY BENEFICIARY
Consultant and the City agree that it is .riot intended that any provision Of this ,Agreerr
third party beneficiary giving or allowingany claim or right Of action wtatsoever by any
,this Agreement„
.ADDITIONAL TERMS AND CONDITION
No :additional tertns and .conditions included With 'the -. ailcitation response .shell be evaluated or
considered, and any and all such ,additional terms and conditions shall have no ,force or effect and are
inapplicable to this .solicitation. if submitted either. purposely, through intent or ,design, ar inadvertently,
appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is
understood and agreed that the General and:Special Conditions in this solicitation are the only conditions
applicable to this, solicitation and that the .bidder':slproposees authorized ,signature affixed to the.
bidder"siproposer's auknoWledgment ford attests to .this;. If a Professtorial Services Agree* exit ("PSA") ar
other Agreernent'is provided by the City and included in' this solicitation no additional terms or conditions
which Materially or substantially vary, modify ar alter the terms or conditions of the Agreement, in the sole
opinion and .reasonable discretion of the -City Will be considered. Any and all such additional terms end
conditions shall have no force or effect and are inapplicable to this Professional Service'~ Agreement
('`PSA") ar other Agreement.
RFD 12- 3.016
PROFESSIONAL
VICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/A I I E.
Signature
Diego J. Clavi
Print Name, Title
ATTEST:
4
Consultant Secretary
Affirm Consultant Seal, if available'
Rene tie los Rios., Assistant Secretary
ATTEST: •
APPROVED'AS TO IN/SU
REQUIF BENTS. 4'
Galvin Ellis, Direc ?
Risk Mane ementD apartment
ins North_
David Ct
Signature
erica, Ir
'GM Vice Pr°esiden
DaVldJ, Carter, CCM, Senior Vice resident
V, t 'itle of Authorized Officer:or Official
PaA.4 �. {Corporate Seal)
tin .� ..
14; i3 AL •
. 1060 ..
!]' 94e1y1 .,
4%►4ITY OF0141fAIVII,
Stt °t iorida
Municipal eorpor
ion of the
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
capital P:r"ogt•a
(.Re -Issue)
Support Services?
Page
1fi
RFta112- 3-tl..6
PROFESSIONAL SERVICg$ AGIR MENT
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
Atkins North America, ine.r a corporation organized and existing under
2013 a
CERTIFICATE OF AUTHORITY
the laws of the State of Florida held on the 1st day of April
duly passedadoptedg . avid J. Carter resolution was and authorizing Name as
(Title) senior Vice President of the corporation to execute agreements on behalf fi the
�sisfian
corporation and providing that his/her execution thereof, attested by the ssecreeery 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 loth, day ofy
20:13 ,
Secretary:
Print Rene de Ip
STATE
F Florida
COUNTY OF miam -D..ade
The foregoing instrument
May 20 13 , by
k own,to me Or who has produced
(did %ii..:tiot) take an aah.,
NOTARIZATION
was acknowledged be
David J. Carter
e me this 14th day of
who is personally
s identification and Who
SIGNATURE OPNOTARY PUBLIC
STATE OF FLORIDA
:Deborah ,Lynn &h imel
PRINTED, STAMPED OR TYPED
NAME OF NOTARYPUBLIC
'Py DEBOR LYNN SNIMEL
�!(co�1NfI851QPiRi�U9 45d3.
EXPIRES: Naysmber 45; Zbt3
`�°F,d • Bond �l7fi�t Ka ark Public ikrcl�rwrlfers
a ati a1 rogram Support Se rvx es-R.6-1ss.tt Page 7[:9 19
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF W RK
ARTICLE Al -GENERAL
Under the direction of the Director or designee, Consultant is to :assist in the programmatic management
andadministration of the Capital Improvements Program Of the City, consisting of, but not limited to,
planned '.Capital and transportation imprevernerits, construction Projects, and the purchase of capital
goods and equipment. Additionally, the Consultantwill assist in management oversight of the production,
the planning, design endthe construction of ail vertical arid horizontal construction Projects.
tt is the intent and purpose of the City that Consultant shall provide the Services hereunder as an
extension of CIP`S resources by providing qualified administrative, technical and professional personnel to
perform the duties and responsibilities.assigned under the tents of this Agreement. The Consultant shall
minimize reliance or GIPS resources for assignments and activities provided under the Agreement, as
may be authorized by the Director ar designee:
Consultant shall use its best effort at 811 times to cause the Services to be performed in the most
expeditious and cost effective manner consistent with the interests of the City.
Arid RANGE OF SERVICES
A1.o1=1 Consultant may be required to perform ail or some of the .Services presented in this
Agreement, depending on the needs of the City. The •Consultant Shall furnish the Services
specifically authorized by this Agreement, which Services may encompass one Or more professional
disciplines in addition to those held by the Consultant.
A1,01 2 CPSS may include, but. are .not limited to, research and preparation of reports, studies,
coordination with community organizations, project management, production management
construction administration, cost estimating, assistance with in. house design projects, value
engineering, scheduling, GIS prodttctionlmanagement, .Utility coordination, document Control and
records management, database .management, administrative, grant applications, and financial
Program management for the City's Capital Improvements Program. The Services may further
Include but are not limited to punning, programming, field investigations, observations, feasibility
studies, alternative analysis studies, permitting and other activities that may be required to complete
approved Work Orders.
Ato1.3 Consultant Will not be responsible to assist With the purchase of capital goods and/or
eqUiPrilent but shall assist with the fiscal monitoring of those capitol Projects and including them in
' the annual Capital improvements and Transportation Programs,
Al O1-4 The City, at its Caption, may elect to expand, reduce or delete the extent of Work elements
described in the Scope of Services, provided such action does not alter the intent of the Agreement,
The .Ulrector .ar-desiggnee will request Consultant Services on an as -needed basis. There is rio
guarantee that any or all of the Services described in this Agreement will be assigned during the term
of this Agreement,
A1.02 COOPERATIVE WORK
The Consultant will be responsible to Work .in cooperation with GIP City administration, officials of the
City, client departments and agencies, community and other stakeholders, with consulting engineers
and/or :architects, and contractors to administer the planning, design and construction of Capital
tmpravements and Transportation Programs Projects, and as well as overall Program Management.
A1:o3 NON-EXCLUSIVE RIGHT
It is understood that any Warm Order and Notice to Proceed will be issued under this Agreerrient et the
sole discretion of the Director ordesignee and that the Consultant has no expectation, entitlement, right
to or :privilege to receive a Work Order or Notice to Proceed for any Project or Work. The City reserves et
all times the right to perform any and all Services in-house, or with other private professional consuitants,
architects or engineers consistent with applicable law, including Section 287.005, Florida Statutes,
Capital Program Support SersficesTRe-tssxr Page 2.ti RFti i2 13-016 20
'ROFESSiONAL SERVICES AGREEMENT
(Consultants' Competitive Negotiation Act), if required, or to discontinue or withdraw any or aII Projects or
Work or to exercise every other choice allowed by law.
This Agreement does not confer on the Consultant any. particular, exclusive or special rights to any Work
required by the City,
A1.04 PAYMENTS
The City will pay the Consultant in accordance with provisions and limitations of Attachment 13, No
payment will be made for the 'Consultant's tirne or services in connection with the preparation of any Work
Order proposal or for any Work done in the absence of an executed Work Order, Notice to Proceed and
for Purchase Order.
ARTICLE A2 OVERVIEW OF CAPITAL PROGRAM SUPPORT SERVICES
A ..01 PRJMARY SERVICES
Where Director or designee, in tisiher stile discretion, identifies the geed for Services, Consultant shall
provide a Work Order Proposal for the performance of Bald Services.. The Services may include, but are.
hot necessarily limited to the following:
overall assistance With ..Adminisri
Improvements program
Production lylanageri errt: Assistance with Progranirriatic management pf capital Preject. Production,
that is, the feasibitityand other pre -design studies, financial and ether,analyses, scheduling, planning,
review of construction andfcr design 'delivery Method, design, -engineering„'
Assistance With Construcfin Program for Projects .undergoing construction, activities May
include, without limitation, ,monitoring theoverall construction schedule_ of the capital irnpraverrient.
program, ,coordinating schedules among Projects, esbrriating, work order development, assisting with
community outreach,. Old providing regular donStruction-associated reports:
The award end execution of a Work Order or Notice to.Proceed for said Services shall be solely at the
City's discretion and Submittal of a proposal is no guarantee or assurance that the Cons r runt will be
authorized to perform the Work
Compensation for any Services shall be separately negotiated and triay be lurrip sum, hourly rate -teased
or rather method as deemed appropriate by the parties.
A2.02 SPECIALTY SERVICES. .
Where Director or designee, in his/her sole discretion, identifies the need for Services related to a unique.
and possibly large scale element, activity; st,ib,program or Project Within the Program and such Services
are unavailable from within the City's personnel resources, hereinafter Specialty Services, Consultant
shall provide a Work Order Proposal for the performance of said Services. Said proposal shall identify, in
such detail as deemed appropriate by the Director or designee, the nature of the proposed Services, the
extent of manpower and other resources .required for such Specialty Services, and the indiVidual(s),
firm(s) and/or teeth that has guatrfirations andexpertise in the field of the subject endeavor. The
assignment of Work as , pecialty'Services shall be made solely at the discretion of the Director, and will
be accomplished by a Work Order lssuedpursuant to this Agreement
The award :and execution of a Work Order Or Notice to Proceed for said Specialty Services shall be solely
at the City's discretion and submittal of e proposal is no guarantee or assurance that the Consultant will
be authorized to perform the Work as Specially Services
Compensation for .any Specialty Services shall be separately negotiated and may be .ire Tip sum, hourly
rate -baser/ or other method as deerned appropriate by the parties;
ippvices-Re-issue page 21
r -the Capital
PROFESSIONAL SE VICES AGR EM NT
ARTICLE A3 PRIMARY SERVICES
Those Services considered by the City to be fundamental to the successful Management of the overall
Capital Improvements Program shall be considered Primary Services and .shall consist, generally of the
following areas.
A3.01 ADMINISTRATIVE PROGRAM MANAGEMENT
The Consultant, in its capacity as Program Manager, will .assist, where/when Director or designee, in
hisiher sole discretion, identifies theneed, in the comprehensive coordination, development; and
management, inducting, but not limited to, the following ;Services and/or ac€ivities:
A3.I1.1 Pragram implementation Strategies: research and recommend the most effective
methods to implement all aspects of the overall Program.
A3.0i-2 Program Coordnation:. Coordination., ant.schedule Management for Project design,
procurement; contract negotiation and contract administration activities,
A3 01-3 Program Logistics: Develop comprehensive Program Work plans, schedules and
budgets. Manage CIP's "letting' plan for .Projects, including the updating, revision, conflicts, deviation,
and analyses to determine the impact of potential changes to the 'letting' plan.
A3.01 Facility Assessment: Conduct an assessment of all City owned facilities to develop a
,plan forcorrecting deficiencies and a deferred maintenance program,
A3: i1.5 Information Systems: Provide :guidance in the irriplementhtion of an In-house database
infonriation system..
A3.01.6 Fiscal Management -Assistance; Develop :financial projections, monitor and track
Program funds, financing and cash flows and aid in the processing of grant applications:Assist with
the development of program and financial data for potential financing options, including investment
bonds, Which may be utilized to irnplemeiit the Program., 1,
A3.01.7 Reporting: Furnish regular progress and status reports on the Program at intervals
determined by the Director or as significant issues become known to the Consultant.
A3.o1-8 Staffing: Maintain staffing efficiencies within the Consultant's Team,.
A3 01.9 Procedure & ..Process Improvements: 'Development of procedures and procedure:
manuals for various Prograin activities and ;processes. Develop or assist with the development of
standard documents and/or forms.
•A3•01.1u Document Control & Records Management: Development of a ;document
management system for the Program; Maintain documentation and correspondence relating to the
Program that is accassible;and will be owned by the City.
A3.01.11 Annuli Capital Pan:" Preparation of the annual Capital and Transportation Improvement
Plan,
A3.01-12 "lnterAgency Coordination.Overall coordination .of the Clty's Program With other
governmental agencies, such as the Fonda Department of Transportation (FDOT}, Miami -Dade
County Public Works and Water arid Sewer Departments; utility compares, regulatory agencies and
with private developers:
A3.01-13 ADA Compliance. Provide regular and systematic reviews of ail .projects,, during critical
phases of project implementation (planning, design and construction) to. assist in compliance with the
Americans with Disabilities Act.
A3.01714 P.repare official minutes of Meetings for :the Director ar designee's approval and
dissemhiation.
Capital, xograt `Suppers ervices- -I sue Pa e.22 RF .1 .3-O 6 2Z
PROFSS)tNA:
EEMENT
A3.02 PRODUCTION NMANAGEMENTSERV!CES
The Consultant, in its capacity as Program tanager, will assist, where/when Director or;oesignce, in
his/her sole discretion, identifies the need, in the following Services and/or activities:.
A3,02.1 General'Praiect Administration and Fiscal Activities
A3,021(a) Cost Contra, Provide value engineering throughout Project life cycles as requested,
and verify constructability of plans &:specifications,,
A3,O2-1(b) ,Financial: Prepare monthly cash draw projections, monitor monthly Project expenditures,
Review, monitor and "advise the City regarding The disposition of contractors, and[ar consultants
payment requisitions. Assist .:with timely Submission of payment requisitions to meet cash . flow
Commitments, Monitor Project funding, and prepare financial projections as required.
A3.O2.1(e) .Reporting: Provide .progress reports and status information on assigned Project(s) to
City designees at frequencies identified by Director or designee.
A3.O2-1(d) Communication & Outreach: At the direction of the Director or designee attend and
address meetings with City officials, neighborhood groups, and private citizens concerning Projects,
respond to questions and concerns about the Project at City Commission meetings, assist the City
With public information, .notifications and public meetings required in relation to assigned design
Construction projects,
A3,32.1(e) Information Management, Document Controt: VIaintain files of all documentation and
corresponder ce relating to the Program end specific Projects in en orderly system which will be
submitted to the City upon completion of ths Project and/or Program,
A3 02.1(f) Legal & Other Services: Should legal "issues arise relating toe Project, provide records,
depositions and testimony about affected Projects. Provide consulting Services on other matters.
relating to the Projects and/or Program.
A3.02-2 • pesi:_gn & Production Activities
The Consultant, in its capacity as Program Manager, will assist; *here/wheri Director or designee, in
his/her sole discretion, identifies the need, in the following` Services and/or activities:
A3.n2=2(a}
A3.02.2(b) Project Scooping:; Devise aril/or confirm detailed Project scopes With staff and Merit
departments commensurate. with funding. Verify the accuracy of Architect's/engineer's budget and
design estimates against cash flow osrnrnitrxents. Consultant shall consider prioritization and design
alternates as continency measuresto verify that cash flow commitments are achieved.
A3 c2-2(} 'Schedules & Budgets; ;Develop Work plans, schedules and budgets for the overail
Program and for •assigned Projects. Coordinate the design, preparation of construction documents,
procurement/bidding and establishrnept of construction schedules with City staff.
A3 02 :2(d) Reviews: Provide design and constructebility reviews of ;plans and specifications at.
progress intervals Such reviews shall not relieve the designer of record of liability associated with
any errors Or omissions in the plans and specifications, the responsibility of which shall remain solely
With the designer of record.
A3.02-:2(e} ADA Compliance: review compliance With' handicapped accessibility. requirements and
Maintain documentation/justification when full connpliance cannot be achieved, Such review shall not
relieve the designer of record of liability associated with any errors or omissions in the plans. and
:specifications, the responsibility of which shall remain solely with the designer of record„
A3,02-2(f) Permits & Approvals; Facilitate .and/or'assist the City in obtaining all Federal, State.and
local permits or approvals (from agencies such as Miami -Dade Water and .Sewer, •DERM,
Environfnerital, and Department of Health), etc, Review such permits for consistency with City
approved plans and for special requirements or conditions if any It is the responsibility of the
designer of record to file for and obtain all permits,
'Capita PrimPage 2
PROFESSIONAL SERVICES AGREEMENT
A3.02-2(g) Utility Coordination; Facilitate comprehensive: utility coordination to assist with conflict
resolution and coordination among City, designers of record, and various utility capital plans and.
owners,
A3.Q2-2(h) Design ;Criteria Standards.; Development and revision of existing design criteria,
standard and directive drawings, and construction..specifications, design drawing standards, CADD
and other similar standards and criteria to ensure best business practices are utilized..
A3,02.2(9 Public Outreach. Assist in coordinating and :hosting of periodic meetings at frequencies
determined by the Director or designee, to promote best practices by City and industry.
A3.024 Bids and Contracts
A3M02-3(a) Review „appropriateness of architectur
proposals with CIF personnel_ as appropriate,
A3.0243tbi Provide input and assist with the selection and evaluation of consultants, contractors, and
other s ervice providers.
A3.O2,3(c) Assist withpreparation of i?
administration of grants.
A3.c2-4(d) Manage and oversee the s
use by the City; assist in the preparation,
cried necessary by Director.
A3,02-3(e) Assist ari negotiations Witharchitectural and engineering consultants and/or.contractors
regarding price proposals end/or adjustments in time for performance of Services,
A3.02-3(f) Assist in the review and analysis of contractor claims as well as claims by the City
against contractors and const tarts:
A3.03 CONSTRUCTION ADMINISTRATION
'he City of Mieml has contracted separately with various firms providing construction engineering and
observation {CEO) :services. The Program Manager will assist the City, where/when Director or designee
in his/her sole discretion, Identifies the need,in the .management of the CEO services, including the
following tasks:
A3,O34.1 Provide administrative coordination between active construction projects in the same or
adjacent areas:
sneering consultant and contractor fee
rd documents, grant applications, and assist with the
:rnonitoring and oversight of Job Order Contracts in
luation and award of new Job Order Contracts if
A3.03-2 Assist with the Job Order Contract ("JOC") Program administered by the City, A JQC
contract is an indefinite delivery, indefinite quantity contract pursuant to which the Contractor Will
perform en ongoing series of individual Projects at different iocatioris, often simultaneously, at various
;city owned or Controlled iocetions.
A3.034 Visit th ;jobeites periodically and as needed to monitor construhtiori .progre;
A3.03-4 Review and recornmennd approval of requests for change orders.
As.03-5 Verify that Contractor§ have fled safety and affirmative action policies: However,
Program Manager:shall not be responsible for jobsite safetyor for contractor's failure to corrtply With
affirrnative action end Safety,policaea,
A3,03-9 Administer construction :contracts,.
A3.03-7 Devise and irrmplernent initiatives end proactively assist Contractors "in methods intended
to mitnirnize potential disturbances to public:during construction,
A3.03-8 Coordinate special inspections including major trades, as requested by the Director
designee.
.A3,03-9 Review, .monitor and recotnmerd approval of payterit requisitions from the Contr
:and ether Program Managers,
A3.0340 IVioniter monthly construction related expenditures by the City.
upportServices-tte-Issue T age.24
PROrESSIONAL SERVICES AGREEMENT
A3,03-11 Coordinate and assist in hosting of periodic Meetings at frequencies determined by the
Directer or Designee with contractors to promote best practices by City and industry.
ARTICLE A4 SPECIALTYSERVICES
The specific Scope of SerVices required as Specialty Services shall vary depending On nature of the
specific endeavor, end may entompass any or ell of the tasks described under PritharYSeniiCO3. The
required Work shall be described in a Work Order Proposal that shall farm the basis for a Work Order to
be approved by the Director or designee.
ARTICLE A5 STAFF:114o
The Director or designee has the right to approve, and regulate the consultant's. workforce and approVe
specific consultant's -employees, The Consultant will perform all 'San/ices :described in this Scope of
Services wheretwhen Director or designee„ in his/her sole discretion, Identifies the need, for use of the
Key Personnel and/or Staff used for Specialty Services, es described below, The 'Clirebter's input
regarding Staff and Work assigned as -Key Personnel and/or Staff for Specialty SeceS Shall be dilly
acinSidered ,by Consultant in preparing ,anyitidividual Work order proppeei :and failure to adequately
address such Concerns regarding staff assignnientsmay be cause for Directors rejection Of same,
All Staffehall be duly qualified, trebled and/or licensed to perform the Work assigned to then],
The Consultant shell designate a Program Coordinator to menage this Agreement who shall be located at
an , office frointairied by .the Consultant. This Program •Coordinator shall be responsible for all
administrative functions associated with the Agreernent, This individual and any Other employee's of the
Consultant performing administrative functions, 'Whiph are not located at the MRC, Shall be part of the
• ConSullartrs overhead and not direct 'billable Charges under this Agreement The Program Coordinator
Shall be -eligible for billable charge When perfOrrhing specific, technical functions. when SO requested by
the.Dirpotor or designee,
A5.P1 PROGRAM STAFF
A bettor) of the Prithery Services Shall be pefforined by tonSultent'S staffassigned on a full-time *basis
and housed at the Miami Riverside Center building, Such personnel shall be considered Key Staff and
• •
billed to theCity On a monthly Whip stet basis,
Any .rnodificatien in the Scene of Work assigned to the Key Personnel .should trigger a corresponding
Modification in the Lump Stith Compensation, as provided in :Miele Ei3,01,-,
Oben swardof eh Agreement the Director bdesigieethall issue a Work Order covering the initial Key
Petabhnel, .which shall reflect the monthly levels of Compensation and Services and a separate Work
Order :Covering those ihdiVidclaiS -assigned to perform what would be considered TSpedatty Services,
which shell reflect the methodeand Levels Of tornpensatien .
A&02 •STAOFING ,POR SPECIALTY SERVICES
The Work assignments perfOrted by these staffwill be re.quested in Writing by -the birector :dr designee
for individual or Short term testo, Or for long-term end .continuing :seniice tasks, associated with any
• element Of the Scope Of SerVices, The level of effort .anticipated for these staff MeM6erp and their
assignments will be analyzed by the Director or .41s/her designee on an as needed basis and.:the progress
will berneaSured through the Monthly Progress Report to accompany the monthly invoicing.
Staff shall be assigned Via Work Order to a .given .scope Of SeRdeeS. individual Work Orders .Shall depict
Staff and/or activities as. being Offered an a Iump sum, performance beers at hOUrlY-rate,. imitin amount
A5.03 :,$TAFF1NG CHANGES
If additional Staff is Warranted in the :Opinion ..Of the Consultant due to workload issues, a written request
will be made by,ConsU)tentio the tairector or designee whose Written .approval is required as described
beloW.
:Capital Program Supprn tSetvices Ite Issue Page 25 ItIFQ 1243,0.10
A5,03,1 Changes due to Absence or Termination: if there are changes in the Staff depicted in
an authorized Work Order, particularly With .:Key Personnel, due to voluntary or Involuntary
PROFES,S,ICJt AL iERV CE AGREEivtENT
termination, that position will be replaced within five (5) business days of the date of separation, or as
requested by the Director or designee Should an individual staff, particularly within the Key`
Personnel, be absent far rnore than 15 consecutive business days due to vacation, illness or other
matter, Consultant shall provide a qualified replacement that is acceptable to the Director or designee
Director or designee, in Director's sole discretion, may additionally request qualified replacement
staff due to absences of less than 15 business days if warranted by the nature of the Work handled
by that staff. The Director or designee may request one or more resumes for any personnel to by
assigned and may also request to interview the proposed personnel and select the most qualified
person (s), in the City's sole opinion.. Selection of such a person to work on the Program does not
.change the Consultant's sole responsibility and liabilityfor the performance and actions of .Said
person. Such changes shall be noted and approved in writing.
A5.O3.2 Chanties due to Work e,gu rerrre ts: Director. or designee's approval shall be in
writing for additional or replacement Program Staff not included in the Proposal/Work Order estimated
to Work in excess of 20 hours per month in total. Consultant shall provide .a: written proposal to
Director detailing anticipated man-hour and related requirements for the task or activity to be
assigned to additional Key Personnel or any Staff assigned for Specialty Services.. The Director or
designee may request one or more resume for anypersOnnel tp be assigned end may also request to
wrterview the .proposed personnel and select the most qualified person, in the City"s sole opinion,
Selection of such a person to work on the Program does not change the Consultant s ;sole
responsibility and liability for the performance and actions of said person.
ARTICLE A6 ASSIGNMENT OF WORK
it is the intent and purpose of the City that Consultant shall provide the Primary Services hereunder as an
extension of Ctrs resources as may be authorized by the Director. It is envisioned that areas of
responsibilities and specified task will be assigned by the Oireetor or designee.
t641-1 WORK ORDERS
When a specific task is above and beyond the scope of the initial Work Order :assigned to Key Personnel/
Program Support Staff or Program Support Staff assigned to Specialty Services Work Order, the Director
or designee, will request a Work Order Proposal from the Consultant for said Services based on -a
proposed Scope of Services provided by the Director or designee. The Consultant and Director br
desiriee, and others if appropriate, May have preliminary meetings, if warranted, to further define the
Scope of 'Mork and to resolve any questions regarding the proposed .Project. The Consultant shall then
prepare a written Work Order Proposal" far the required Services generally following the guidelines
provided bCIP, indicati
ng ing the proposed Scope. of Services, time of performance;, .proposed fees,:Sub
consultants if warranted, deliverable items and/or documents, and tirneframe to complete the Work. The
Work Order Proposal shall depict detailed sta€fing commitments for the proposed Services and the
method of compensation, either Lump Sum or Hourly Rate/Limiting Amount. The Consultant shall not be
compensated for the preparation Or Work Order Proposals,
When consensus is reached, the.Corisultant shall Prepare e revised and final Work Order Proposal which
will be attached end lncprporated'to the Work Order authorized by the Director or designee, Upon
acceptance of the Work Order Proposal a "Notice to Proceed' will be issued by the :Director or designee.
No guarantee is made as to how Many and the extent of Work'Orders issued to the Consultant.
ervices»Re4ssue. Page 26
PROFESSIONAL SERVICES AGREEMENT
SCHEDULE .1 CONSULTANT TEAM
The following table summarizes the roles for all members .of the Consultant Team anticipated to work on
the Professional Capital Program Support Services Agreement for the City.
FIRM
MAJOR ROLE
Ce ILI
•< U
>
fl' 6
CL co
Atkins North America, Inc.
Capital Program Support Services
to
tu
u
2.13
co
Project Information Services
TRACS Database, Program Controls
Westhorp & Associates Inc,
(Certified CBE Firm)
Civil Engineering/interagency Coordination
Indigo Service Corporation
(Certified CBE Firm)
Facility Assessments, ADA Compliance and
Architecture
Curtis & Rogers Design Studio,
Inc. (Certified CBE Firm)
Landscape Architecture
MAGBE Consulting
Public Information Officer
Capital Program Support Services -Re -Issue Page 27
RFQ 12 1.3-016 27
PROFESSIONAL SERVICES AGREEMENT
SCHEDULE. A2. -- INITIAL KEY PROGRAM SUPPORT STAFF
NAME
JOB CLASSIFICATION
Pedro BeEtran
JOG Program Manager
Kingsley Cornwell
Sr. Cost Estimator
Thais Chamon
Program Controls Manager
Monica Pause
CADD Technician
Capital Program SuppartS sue Page 28 2- 3.016 28
PRGEEssioNAL SERVICES AGREEMENT
ATTACHMENT B COMPENSATION AND PAYMENTS
ARTICLE 131 METHOD OF COMPENSATION
The fees for Professional Services for the Project and each Work Order shall be determined by one of the
following methods or a combination thereof, iat the Option of the Director or designee, with the consent of
the COnsultarit.
a) A Lurrip Sum (See Section 133.01),
b) An Hourly Rate, as defined in Section 83,02 and at the rates set forth In Schedule St
r31.01 COMPENSATION LIMITS
The .aggregate sum of ail payments for fees and abate, including reimbursable expenses, to the
Consultant payable by the City under this Agreement shall be limited to the amount Specified in Section
2.03.1.as the maximum compensation limit for cumulative expenditures under this Agreernerit, -.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 prOvideci herein, except where specifically
approved in accordance with the City Cede by the City Manager or City cormissiort as applicable as an
increase to the Agreement and put into effect via an Amendment to this Agreernent.
B1.02 CONSULTANT NOT TO EXCEED - •
Absent an amendment lb the Agreettrent or to any apetific 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 nobility artesponeibility for paying any amount of such excess, Which will be at
Consultant's own cost and expense.
ARTICLE 82 WAGE RATES
132.01 FEE EASIS
All fees and compensation . payable under this Agreement :shall be formulated and based upon the
certified negotiated Wage Rates that have received and approved by the Director and/of:Assistant
Piredtor, The Wage Rates are summarized in Schedule 131 Incorporated herein by reference. Said Wage
Rates are the effective direct hourly „rates, as approvedby 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, Tegardleas ef inOnner dompentation,
E32,02 EMPLOYEES AND JOB CLASSIFICATIONS
.
Schedule '131 .rdentIfIes the professions, job categories and/or ergOloyees expected to be used during the
term of this Agreement. These may include architects, engineers, landscape architects, professional
interns, designers, CADD teChnicians, project managers, OIS and environmental specialists, speccation
writers, clerical/administrative support, and others engaged in the Work:In determining compensation for
given Scope of Work, the City reserves the right tO recommend the .-use of Consultant employees at
particular Wage Rate eveIs
32 03, ,MULTIPLIER
:For Work assigned under Agreerrient, a maximum Multiplier of 2.9 for home office and 2,4 for field
,
office .Shell apply to .0onSUltant'S hourly Wage Rates in calculating coMpermatien payable by the City,
The field. office trkiltipiterwill be utilized for full time :Staff assigned to the City of Miarni and housed et a
City facility. -Should the ConsOltarit have an approved multiplier with the State of Florida oriMiarni Dade
County the City may 1pot to -Utilize Of these Multipliers should they be leas than above Stipulated rates.
Said multiplier is intended to cover consultant employee benefits end Consultant's profit and overhead,
including, without limitation, office rent, local telephone and utility ..charges, office .arid.drafting ,SupPlies,
depredation .df equipment, professional dues, subscriptions, stenographic, administrative and clerical
support, other employee time 'or travel and strbsisterice not directly t elated to a project. 'Failure to comply
With this section shall be cause for partbellatibri of this Agreernent. The Consultant and all Sub
Consultants haLt provide to the City current :certified audit Statements reflecting their ,overhead at the
request of the Olty.
Capital 1'0g-tett StrOpprt SeMpes4te«tOtte Page 29' .10Q 1..-243!,.01.;6 29.
B204 CALCULATION
Said Wage Rates are to be utilized by Consultant in .calculating compensation payable for all Capital
Program Support Services Staff, Consultant shall identify job classifications, available staff and projected'
man-hours required for the proper completion of tasks and/or groups of tasks, milestones, end
deliverables identified under the Scope of Work as exeri plifed in Schedule A2.
132.05 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 causefor cancellation of this Agreement.
9106 ESCALATION
There shall be no wage escalation during the term of this contract
AR °iCL 83 COMPUTATION OF FES 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 foliowing manner:
B3.O1 LUMP SUM:
Compensation for a Sdope of Work may be a Lump Sum, either a Fixed Fee or Not to Exceed fee as
tdeemed appropriate by the City, to be Mutually agreed upon in writing by the City and the Consultant and
stated in a Work Order,
1-1: Limp Sum : shall be the total ar Haunt ref .compensation where all aspects of Work a
dearly defined, quantified and; calculated.
B3.01.2 Modifications to Lump sum:. If the City authorizes a substantial or material change in
the Scope of Services or level of staffing, the Lump Sum compensation for .that portion of the
Services . may be equitably and proportionately adjusted by mutual consent of the Director or
designee and Consultant, subject to such additional approvals as may be required by tegistation or
ordinance.
83>Ct14:3 Lump Sure compensation shall be Calculated by Consultant, UrdiziP9 the Wage Rates
established herein including multiplier, and reimbursable expenses as attached in Schedule S-2
Prior to issuing p Work Order, the City may requireconsultant, to verify or justify its requested Lump
Sum compensation. Such verification shad present sufficient information as depicted in Schedule A2,
3 02 HOURLY RATE FEES
B3 02-1 Hourly Rate Fees shell be those rates for Consultant arto <sub consultant employees
identifier/ in Schedule f31 Wage Rates. All hourly rate fees will include a maximum not to exceed
figure, Inclusive of ell oasts expressed in the contract documents. The City shall have no liability for
any fee, coast or expense above this figure. Consultant shall maintain tirnesheets for all individuals
contpertsated on an hourly basis Said tirnesheets are to .reflect the nameandtitle df the individual,
`work week, all Work performed during the work week, .arid the hours associated with each task.
performed. Timestieets must account for the total number of authorized work hours in the work week.
s3.p.g 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 miles. tones for a particular Project ,or portion thereof at the tine 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 s a Not to Exceed Feefor the Work to
be performed on an Hourly Rate Basis
Capital i?:orant :Support Services -Reissue
Overtime:
For Staff, whose services are paid based on hours Work is performed Consultant shall provide written
justification for use of overtime in advance of occurring such overtime and, must obtain advance
written approval of the Director or designee, :Failure to obtain prior written approval shall result in the
City denying any request for compensation for the incurred overtime. The Director may authorize the
.use of overtime, subject to the following limitations that the overtime may only be used. for Staff Who is
performing identified Specialty Services and such Staff shall not be exempt employees as defined
under the Federal Fair Labor Standards Act. Further, overtime compensation .shall not exceed one
and one .haff (1 1/2) times the employee's reuIar hourly rate, as .provided in Schedule B1, 'The
gular repeated use of overtime is discouraged and may be denied by Director or designee.
B3.O3 REIMBURSABLE EXPENSES
Any fees for authorized reirribursable,experises shall pot 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
errrptryees 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 lirriitations
of this Agreement as verifred by supporting documentation deemedappropriate by Director or designee
including, without limitation, detailed b{ilsz itemized invoices andior copies ofcancelled checks,
83.04 : FES':far PCIALTY SERVICES
The :Consultant may be authorized to ;perform Specialty Services for which additional compensation
and/ar Reirnbursable Expenses, as provided in this Ag'reerment;.
B3.04.1 Determination Of Fee
The compensation for such services will be one of the methods described herein; mutually agreed
upon Lump Sum or Hourly Rate with e Not to Exceed LiMit>
83.04;2 Procedure and Compliance
An independent end detailed Notice to Proceed, and an Amendment to a:zpecif c-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:
13,04-$ ' :Fee Limitations
For all Specialty Services to be provided by Sub Consultants, the Consultant shall not apply :any
markup or multiplier, For ell reimbursable. services the Consultant will be reimbursed based on actual
costs.
PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for revisions and/or modifications to any Wort: product or
Services when such Work is clue to errors or omissions of Consultant as determined by City: Consultant
shall not be compensated for preparing and processing work orders or for preparing and ;processing
Invoices
B3 06 FEES RESU1 TlNC FROM PROJ,ECT SUSPENSION `
If the Program or arty portion thereof is suspended for the convenience of f he 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 allappropriate, applicable, and
documented expenses resulting from such suspension or termination. If the Project Is resumed after
Capital Program Support Services ;Re -Issue page
RFQ 12- .3
having been suspended for more then three months, the Consultant's further compensation shall be
subject to renegotiations,
ARTICLE B4 PAYMENTS TO THE CONSULTANT
B.01 PAYMENTS GENERALLY
Paynnents for Basic Services may be requested monthly in proportion to Services:performed during the
prior month, Por the Lump Sum portion of this Agreement, payments shah be made monthly in an
amount equal to 1C12r" the annual Lump Sum total corn;pansativn. Hourly Rate payments shell be made
on the basis of actual hours worked based on the Hourly Rate Fee, accompanied by a uly certified
invoice, giving names, classification, salary rate per hour (net to exceed the values depicted 'in Schedule
B-1), hours and associated tasks worked and total charge fore!! personnel directly engaged Services.
Recurring Reimbursement Expenses established at an annual lump sum as shown in Schedule B2.may
be invoiced monthly, and pall as noted above for the LurnpSum portion of the Agreement. Other, pre-
approved Variable 'Reimbursement Expenses are to be invoiced within 120 days of the Consultants
expenditure torpor,
Sub Consultant's fees and Reimbursable Expenses shall b
Consultant.
ConsultentShall utilize the City standardConsultant Invoice
submit invulce(s) Within 60 days following the provision
,cause for a finding of default.
B .02 MONTHLY PROGRESS REPORT
In addition to the invoice, the Consultant shall submit a Monthly Progress Report (Report) detailing the
Services provided and activities undertaken by Consultant's staff, Inclusive of all Supplemental Staff. The
Report shell also provide details as to the status of all assignments, tasks, activities and deliverables and
,sdclated hours as may be applicable: The Report shall also pi:0)/1de an anticipated date of completion
oh iterh included in the Report.
City shall reject any invoice not accompanied by a Monthly Progress report, The format and content of
the .Monthly Progress Report shall be subject to the approval of the Director or designee,
B4.03 BILLING— HOURLY RATE
Invoices submitted by Consultant shall be sufficiently detailed and accompanied by supporting
documentation to `allow for proper audit of expenditures, 'When services are authorized on an }-sourly
Rate basis, the Constitant shall submit for approval by the Director, a duly certified invoice, giving names,
classification, salary rate per hour, hours worked arid total charge for ell personnel directly engaged on a
prejeet or task. To the sun') thus obtained, any authorized Reimbursable Services Cost may be added.
The Consultant shall attach to the invoice all supporting data for payments made to end incurred by Suit
Consultants engaged en the Project. In addition to the invoice, the •Consultant shall, far Hourly Rate
authorizations, submit a progress report giving the percentage of completion of the Project:developrr ent
and the total estirnated fee to completion.
ARTICLE 'Ev REIMVMBURSAI3LE EXPENSES
8$.91 GENERAL
Any fees for authorized reimbursable expenses shall net include charges for Consultant`s handling, office
rent or overhead expenses of any :Kind, including depreciation of equipment, professional dues,
subscriptions, etc,, or employee's time or travel and subsistence not directly related to the:Program Or a
Project(s). 19einibursable expenses shall be billed to the City at dirept cost expended by the Consultant,
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 andior copies of cancelled checks.
Documentation shall be submitted with invoices for Variable Reimbursement Ecpenses. for Recurring
Reimbursement expenses, the supporting documentation for the annual lump sum amount shall be
Included in the ProposaiANork Order and no further Supporting documentation will be required.
billed to the City in the actual amount paid by
available On the CIP website, Failure to
vices contained in such invoice may be
Capital Program Support -Re-Issue e :2
Reirrtbu.rsable Expanses shall be identified and quantified, to the extent possible. in each
B5.02 TYPES OF REIMBURSABLE EXPENSES
As depicted in Schedule B2, Reimbursable Expenses ,are to be established either es S Recurring
Reimbursement set as a Monthly Lump Sum amount primarily attributable to Key Personnel or as
Variable Reimbursement given as a limiting amount, or allowance, subject to the advance approval of the
Director or designee for direct expenses for attributable to either Key Program Staff or Staff assigned to
Specialty Services es noted below,
ReimbursableExpenses are shown in Schedule B2. Actual direct costs paid by Consultant for Variable
Reimbursement Expenses shall be the basis of invoice to City, subject to the advance approval of the
Director or designee as.provided below.
5.02-1 AUTHORIZATION
Both Recurring Reimbursements and estimates of Variable Reimbursements, as shown in Schedule 8,
are to be identified Variable Reimbursement Expenses .for all travel and per :diem, miscellaneous items
and any other Item or category and shall be subject to specific written advance approval of the Director or
designee Using forms provided to the Consultant subsequent to award of the Agreement..
5.03 DEFINITIONS CATEGORIES
Reimbursable Expenses are those items authorized .by the City outside of or in addition to professional
fees as identified in the Work Order and consist of actual expenditures trade by the Consultant and the
Consultant's employees, or Sub Consultants,: in the interest of the Worlt for the purposes identified belew:
5.O3-1 Travel And Per bier
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 es
amended, Meals for class C travel inside Miami -Dade .or Broward Cottrity will not be reimbursed. Meals
and lodging expenses will not be reimbursed for temporarily relocating Consultants .employees from one
of Consultant's offices to another office if the employee is relocated for more than ten (10) consecutive
Working days. Lodging will be reimbursed only for room rates equivalent to `Holiday inn, Howard Johnson
or Ramada inn. Governmental lodging or meals will riot be reimbursed that result from travel within
Miami=made, Broward or:Palrn Beach Counties
B5 -2 Permit Fees
Permit feet paid tv regulatory agencies for approvals directly attributable to the Project These
permit fees do not include those permits required to be paid by the construction ontractor.
a lVlisceitaryeous Reimbursable Expenses.
other expenses as included in . Schedule B:2 cr those otherwise requested in advance end
approved in writing by the Director or designee are eligible far reimbursement as Variable
Reimbursements,
..U3 REIMBURSEMENTS TO SUB ONSU:LTANTS
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 +Imitations of the City and
requirements of 0 herein,
Capital Program Support ervices-Reissue Page 33 E.FQ 124 .3-0.1.6
ARTICLE 86 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS
B6.01 GENERAL
it is understood that Consultant's Agreements and/or Work Orders far existing or new Work include the
provision for the re -use of plans arid specifications, including construction drawings, at the eity'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.
Capital Program Support Services -Ile -Is ue Page 34 IIFQ 3- 6
ATTACHMENT .E - COMPENSATION
SCHEDULE BI WAGE RATES SUMMARY
CPSSAtkins North .America, Incur
JNl. l' 1UUAL'
NAMERATE
JAB
CLASSIFICATION
DIRECT
HOURLY
Multiplier
.(See table
below)
AVERAGE HOURLY
1 T {Multiplier
Applied)
4tkins:itrthrerira,
ra.
tial xey
i rngrarn upport Staff
Kingsley Cornwall
Sr. CastEstimatz r
$34.83
2.4
8
$�3;59
Pedro Beltran, El
Job Order Contracting
Manager
$49.1,7
2,4
$11.8,i?1
Thais Chamon
Program Controls Manager .
$35.71.
2,4
.$85.70
Monica Pause
CADt Teciinician
$28.07
2.4
$67,86
Additional
Program Support Staff
-'Specialty Services
Diego ClaviJo, PMP, PSP
Sr. Claims Analyst ,
$6503
2.9
$188,59
William :Pitcher, PE
Marine/Coastal Engineer
$70.99
2.9
$205.87
Jimmy Suarez, PSP
Senior Scheduler
$35.72
2.9
$103:59.
Ana Cabrera
Software Development
Manager
$62.58
2,9
$18.48
Jim Bernstein
Senior Software Developer
$44.36
2.9
$128.64
Ricardo Castro, PE
Roadway Engineer
g
$44;fi0
2,J
$127.60
Victor Herrera, PE
Civil Engineer/ Pernut
Coordinator'
$58;$ r
2:9
$17q:67
Douglas Ramirez, "PE
Structural Engineer -
Vertical Structures
$45:.64
2.
$132.36
Adam Gelber
Environmental
$52.78
2.,9
$153,06
Mark Henry
Environmental Project
Manager
$42,61
2.9
$123.57
Carl€�S del Vane PSM
Surue irtg Mlana er
y g
$66.37
2.,9
$192,47
Amit l iazra;
GS Developer
$41:48
2,9
$12Ci.29
Glenn Myers, PE
Structural Engineer
Roadway & Bridges
$77.28
2.6
$224.11
Jose Lopez, PE., PMP
Grants Manager
$48.07
$139.40
Juan Alfonso
Senior .Project Controls
s
2;9
$166.14
Praveen Ommi, CEP,
AVS, L1 i D AP
Value Engineering Specialist
$79,34
2.9
$230,09
Pelayo Galante, PE
Sr. Mechanical Engineer
$57:43
2.9
$166,55
Pddoire, P
Sr. tie cricalgneer
7
2.9
$206;97
Page 35
RFQ 12-1.3a01 6
Project Infornatiirr
Sarsrices
Timothy Malagon
Principal, PIS
$55.00
2.75
$1713.75
Dunne! Young
Senior Programmer
$53.00
2.75
$145.75
Made Cossin
Programmer
$30.0t3
2.75
$82.5Q:
estbrp & A:ssocia#es
Ins. irtifled CBE
1 r)
Brenda arp, PE
Sr. Civil Engineer
Environment
$48:75
2.9$141.38
lane Santander, PE
Civil Engineer
$40.89
2.9
$118.58
Barton I. Fye, PE
Civil Engineer
$30.00
2.9
$87.00
Ind ig $artifice
Corporation (Certified
BE Firm)
Ricardo Fernandez, R.A.
Project Manager /Senior
Architect - Note 1
$95.80
1,67
$1.60,00
Allan Zamora, R.A.
Senior. Architect
$42.30
2.9
$122.67
Alejandro Fernandez,
,R.A.$41.38
Senior Architect
2.9
$120.00
Anabel Arnnstrong
CADD Technician
.$26.25
2.9
$76.13
Curtis Rogers Design
Studio, Inc, Certified
CBE firm)
Aida Curtis
Senior LandscapeArchitect
$6i .09
2.9
$274,26
Esperanza Kelly
LandsccapeArchitect
$37;74
2.9
$109..45
Jennifer Fingers
Landscape Architect intern
$25.48
2.9
$73.89
IulioPersivale
Landscape Architect CADD
$25.00
2,9
$72.50
AG E Cnrtsu£tirt
Ser tires, :Inc.
Magali Abaci
Public Information Officer
$39.50
2.5
$98.75
OVERHEAD PROFIT RATE/FACTORATE/FACTOR SUMMARY
NAME OF FIRMS
OFFICE OVERHEAD
FIELD OVERHEAD
Atkins North America,
Inc.
2.9
2.4
PIS
2,7
..7
estiorp & Associates,
n
2.9
2.4
Indigo Sery
Corporation
2,
Curtis & Rogers Design
Studio, Inc.
2.9
2.4
MAGDE Consulting
Seruices, Inc-.
Capital Prograz► `Stipp ortServices-Re-Issue Page
2.
RPQ 12»016 36
prif 24, 2013
e Certification
eby certify that th
1eye .
Narne
Humberto Manse
Diego Glavijo
Kingsley Cornuval
Pedro 1 eltran
Thais Charnan.
Monica Pausa
cigar: Stfarez
Ana.Cabrcre
Jim 'Bernstein
°.ioardo Castro
/actor Herrera
Douglas 12.a n :rez
Adam Gelber
Mark Henry
Carlos Del Valle
Arno...:Hazra
'Gtent') Myers
Jose Lopez
Tarr ,Alfonso
Po vee Gx rlt
Pelayo;Ca1 rite
fete Tievin
arr l itche
aces eo
Cert'if cations
ned inthis ccrtitjcation ar
the actual records for
Hourly Rate
$89,69
$.65.0.
$34.83
•$49. j 7
$35,71
$28,07
$35.72
$62,58
$44.36
$444,00
$58:85
$4S 64
$52.78
$4,2,4 1
$66i 7
$41.48.
-$77, 8.
.$48,07
$55,22
'$7934
$57,43
$71 37'
.$76.99
If you'have say gt estions please feel free o ctrntact.tne,.
`Thank you
eyka
Payroll Sup
'811-2814633
.Leyka.rorrero)atkinsglobal.cora
wing
Florida Department Of Tranvortation
RICK St -OTT 605 SuMinnee Street ANANTI4 PRASAD, P<E,
GOVERNOR Tallahnssee, n 323 09-0450 SECRETAgy
January 9, 2015
Thomas 'F., Barry, Jr. Senior Vice President
ATOS NORTH AMERICA, iNC,
482 South Keller Road
Orlando, Florida 52810
Dear Mr, Barry
The 'Florida Department of Transportation has 'reviewed your application for ouocipation,packgp and
determined that the data submitted is adequate to qualify your firm for the following types of woric.
Group Project Development and'EnVironrnental (PO&E) Studs
Group .$ Highway _Design -Roadway.
Minor Highway Design
5,2 7 MajorHigl-Mray Design
3.3 Highway pesign
Group 4 Highway Design Bridget
4.1,1 -MiscellaneCUS trUctures
4.1.2 .--Miner Bridge Design
4.21 Mejor Bridge Design. Concrete
4..22 -.M4pr'Bridge Design 4, Steel
4,2,5 ;= Major Bridge Deggn -.SegMentai
oUp 5 -%Bridge".inspection
M -:Coriventional Bridge,InsPection
5.3 Complex Bridge 'inspection
6.4 ..Bridge.lt.pad Rating
Group 6 - TraffiC Engineering and Operations Studies
Traffic Engineeting Studies
6.2 Traffic Signal Timing
1 6• 3 I intelligent Trantportatibn Systems Analysts anandbesigri
63 2.- Intelligent Transportation Systems Irripierneritation
Intelligent Transportation Traffic ;Engineering 'Systems -ColtartunicatiOns
6,5.4 .Intalligent Transportation Systems Software Daveloprnent
Group 7 -.7 Traffic Operations D41gn
7-1 - Signing, Paveriient Marking and Channelization
7.2 -tighting
--Signalization
*WW;CIOLState.11.13
Group
8.1
8,2
4.4
Group 1.0
10,1
10,3
Survey and Mapping
Control Surveying
Design, Right: of Way & Construct on Su eying
- Right of Way Mapping
_ Construction Engineering Inspection
Roadway Construction Engineering inspection
R Construction Materials inspection
10,4 W Minor Bridge ;& Misceilanet us StruCtures CEl
10,5,1 Major'Eridge GEl - Concrete
- MaJor E ridge CEt .Steel
Group 11
Group 13
43.3
13,4
13.5
13,6
13,7
Group 14
roue 15
Group 1
Group 24
Group.25
Engineering Contract Administration and 1
Planntrng
Pally;Plartning
Systems Planning
ubarea/Corr dor Planning
.Land Planning/Eng neeririg
Tranportation Statistic
Architect
-Landscape Architect
Acquisition, Negotiator ,'Closing,. and Order of Taking,
µ Acquiieltion Relocation AAeistanee.
#fight of Way Clearing and 1-easing,
Your Unlimited notice of Qualification shall be valid Until September 30. 2013 at such time as yoUir.
Maroh:31, 2013 overhead audit Will be due to eompiy with; the Department's requirement on overhead audits.
We will autornatioally notify your 'firm 45 to 50 days prior to your update deadline.
Ph the basis of data submitted the Department has approved your accounting system and considers
the rates listed below as acceptable rates for qualification purposes,
Facilities
Home/Branch `Field Capital Cost Overtime
office -Office of Money Premium
1 9,13% '120,61 % 0 440%a Excluded
ant aid utilities excluded .from Field once rate. Thesecosts Mill be directly reimbursed on contracts that
uire the consultant to provide field office.
Should you have any questions, please feel free'to contact Me at 850/414-1 65.
cerely„
Direct Expense.
1 .,04%(Horr e)
3.37°%%(Field)*
LEOlcbhk
lcrraint
Professitatai Services
Qualification Adm n strata
wkvw.<dot tat .ti.Lis
CITY OF MIAMI
Capital Improvements Program
Capital Program Support Services Re -Issue
RFQ No. 12-13-016
Addendum No. 1
February 8, 2013
TO: ALL PROSPECTIVE PROPOSERS:
The following changes, additions, clarifications, and deletions amend the above -captioned
Request for Qualifications, and shall become an integral part of the Proposal Responses and
the subsequent Agreement. Please note the contents herein and affix same to the documents
you have on hand.
1. Implementation of Community Business Enterprise ("CBE") Procedures
In accordance Section 18-87, The City has established mandatory CBE Participation requirements which
are specified in City Code Section 18-87. CIP has established procedures to assist proposers in
complying with these CBE Participation requirements. On the left side of CIP Procurements Opportunities
and Forms webpage is a Zink to a new page called CBE Forms/Reports. This page contains links to
required City CBE forms, a forms checklist and a Frequently Asked Questions ("FAQ") page with
important information as well as active links to the Miami -Dade County website for a listing of CBE
certified firms and certification forms. For all additional CBE questions, please use the contact information
listed on the CBE forms page.
Community Business Enterprise Forms Page:
http://dev.miamigov.com/capitalimprovements/pages/ProcurementOpportunities/ProjectPages/CB
E forms.asp
New forms/reports: (*These documents are not .PDF fillable)
• Letter of Agreement (LOA)
• Form C-1 — Subconsultants
• Certificate of Compliance
• A/E Monthly Utilization Report (MUR)
• Monthly Utilization Report Instructions
> Forms Checklist
A Frequently asked questions (FAQ)
Capital Program Support Services -Re -Issue
required with submittal*
required with submittal*
required with submittal*
** required after award*
Addendum No. 1
RFQ No.12-13-016
2. Request for information:
Question
Can you please let me know if'wwe are able to tie the reference Jett r that
we previously submitted for this project?
Answer
Subrhit reference letters and forms that are.specifieaily for_the re -issued CPSS
RFQ.. Some of these forms, including the reference:lettere, have been revised
and are requesting additional information.
THIS ADDENDUM IS AN ESSENTIAL. PORTION OF THE REQUEST FOR QUALIFICAT1QI a
(RFQ) AND SHALL BE MADE A PART THEREOF.
,l.e=va odng - , P.E., Assitant Director
Capjlmprove s Program
This Addendum should be signed and dated by the Proposer and submitted as proof of receipt with
the submission of Proposals. The Proposer by identifying the addendum number in their Proposal
and by signing and submission of their Proposal shall serve as proof Of receipt of this Addendum,
Capital ('.rngrain:Sappdit'Seri/ lus:te ,Issue
NAME OF FIRM;
SIGNATURE.
DATE
Add I �r
RF
CITY OF MIAMI
Capital Improvements Program
Capital Program Support Services Re -Issue
RFQ No. 12-13-016
Addendum No.2
February 20, 2013
TO: ALL PROSPECTIVE PROPOSERS:
The following changes, additions, clarifications, and deletions amend the above -captioned
Request for Qualifications, and shall become an integral part of the Proposal Responses and
the subsequent Agreement. Please note the contents herein and affix same to the documents
you have on hand.
Revised Forms
Form C-1 Sub -consultants and Form RFQ-QT Qualifications of the Team have been revised
with text field and checkbox glitches corrected. They are both posted as part of this Addendum.
Requests for Information:
Question
1
Please confirm that Proposers can request Reference Forms (Form
RFQ-PM-R or Form RFQ-PP-R) from City of Miami staff.
Answer
1
Yes.
Question
2
The RFQ requests that we "disclose, in detail, any and all judgments,
suits, claims, arbitrations and back charges asserted or awarded against
the Proposer or any proposed Sub Consultant in the past 7 years where
the threshold exceeded $100,000." We are a large nationwide firm.
Please provide clarification as to whether it would be acceptable to
provide the requested litigation information for the prime's submitting
office only and/or only for litigation related to the proposed areas of
work.
Answer
2
Please provide all the requested information for the company.
Capital Program Support Services Re -Issue
1
Addendum No. 2
RFQ No.12-13-016
Question
Outside of the page restrictions stipulated in the RFQ, please confirm
there are ne page restrictions for any other Information included in our
proposal to demonstrate our ability to satisfy the RFQ requirements
Answer
All instructions in regards, to page limits are listed in Section are included
in the Section 4. f the i FQ,
Q!ue Hon'4
Page 4, Section 1 7, Award of an Agreements), 3rd paragraph states:
Upon award of an Agreement by the City Commission the Successful
Proposer(s) is precluded during the term of the Agreement from entering
into arty other agreernents with the City to provide services related to or
to be used by the Capital improvements .Program."
Will a subconsultant andtor QBE subconsultant that is part of the Winning
team be precluded from providing services on existing contracts it holds
and/or on other RFQs/RFFs that the Office of Capital 'Improvement
Pry gram advertises .
Answer
This appiies`to the Primary Proposer:
Question
5
.ForSection 8 -- Management. Plan,'will the City consider allowing a
maxiiium of 3 pages to address the requested information to allow firms.
to.fully respond to the requirements?
Answer
S
Yes, a 3 page rr axirut is acceptable.
THIS ADDENDUM !S AN ESSE1 T AL PORTION O.F THE RI QU
AND SHALL BE MADE A PART THEREOF.,
QUALIIQATIONS
JeoVenny ; od ; uez, P; ` .r ` s$
Capital 1 • ro - ents
This Addendum should b signed end dated by the Propose slid submitted as proof of .receipt with
the .submission of Proposais, The Proposer by "identifying the addendum number in their Proposal
and by signing and surbrnision of their Proposal shall serve as .proof of receipt of this Addendum.
NAME pF FIRM:
SIGNATURE:
DATE;
2
Chplt pport Servjue Re4ssue Addtndttr?
RFQ 1o l2-I34 )6