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HomeMy WebLinkAboutExhibit - PSACity of Miami, Florida RFQ 16-17-049 • • of CITY OF MIAMI PLANNING DEPARTMENT PROFESSIONAL SERVICES AGREEMENT Service Category URBAN DESIGN AND LANDSCAPE ARCHITECTURE/ENGINEERING SERVICES FOR WYNWOOD NW 3'2 AVENUE WQONERF Contract Type Project Specific Consultant LOCAL OFFICE LANDSCAPE AND URBAN DESIGN TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 5 ARTICLE 2 GENERAL CONDITIONS 8 2.01 TERM 8 2.02 SCOPE OF SERVICES 8 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION 8 2.04 COMPENSATION 8 ARTICLE 3 PERFORMANCE 9 3.01 PERFORMANCE AND DELEGATION 9 • 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 9 3.03 CONSULTANT KEY STAFF 9 3.04 TIME FOR PERFORMANCE ...... ...... .......... ................................................................ • . 9 3.05 STANDARD OF CARE . .._................................................................... ...... ...,... . ARTICLE 4 SUB CONSULTANTS 10 4.01 GENERAL 10 4.02 SUBCONSULTANT RELATIONSHIPS 10 4.03 CHANGES TO SUB CONSULTANTS 10 ARTICLE 5 DEFAULT 10 5.01 GENERAL ,... 10 5.02 CONDITIONS OF DEFAULT 11 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 11 ARTICLE 6 TERMINATION OF AGREEMENT 12 6.01 CITY'S RIGHT TO TERMINATE 12 6.02 CONSULTANT'S RIGHT TO TERMINATE 12 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 12 ARTICLE 7 DOCUMENTS AND RECORDS 12 7.01 OWNERSHIP OF DOCUMENTS 12 7.02 DELIVERY UPON REQUEST OR CANCELLATION 13 7.03 RE -USE BY CITY 13 7.04 NONDISCLOSURE 13 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 13 ARTICLE 8 INDEMNIFICATION ,,, 14 ARTICLE 9 INSURANCE 15 9.01 COMPANIES PROVIDING COVERAGE 15 9.02 VERIFICATION OF INSURANCE COVERAGE 15 9.03 FORMS OF COVERAGE 15 9.04 MODIFICATIONS TO COVERAGE 16 ARTICLE 10 MISCELLANEOUS 16 10.01 AUDIT RIGHTS; INSPECTION 16 10.02 ENTIRE AGREEMENT 16 10.03 SUCCESSORS AND ASSIGNS 16 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 17 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 17 10.06 NOTICES 17 10.07 INTERPRETATION 18 10.08 JOINT PREPARATION 18 URBAN DES;GN aND LANDSCAPE ARCHITECTURE ENGINEERING SERVICES FOR P/Y'N,,VSOD N' t 3" A VENUE WDONERF 12 I- I- 1 City of Nliarrii, Florida RFQ 16- 7-049 10.09 PRIORITY OF PROVISIONS 18 10.10 MEDIATION - WAIVER OF JURY TRIAL ...... ......... .... . . ... 19 10.11 TIME 19 10.12 COMPLIANCE WITH LAWS 19 10.13 NO PARTNERSHIP 20 10.14 DISCRETION OF DIRECTOR 20 10.15 RESOLUTION OF CONTRACT DISPUTES 20 10.16 INDEPENDENT CONTRACTOR 20 10.17 CONTINGENCY CLAUSE 21 10.13 THIRD PARTY BENEFICIARY 21 10.19 ADDITIONAL TERMS AND CONDITIONS 21 ATTACHMENT A - SCOPE OF WORK 25 ARTICLE Al OVERVIEW 25 ARTICLE 42 BACKGROUND INFORMATION 26 ARTICLE A3 MINIMUM REQUIREMENTS ...... ...... ............. . 27 ARTCLE A4 SUMMARY SCOPE OF SERVICES ... 27 ARTICLE A5 SCOPE OF SERVICESIWORK ORDERS 23 A5.01 SCOPE OF SERVICES 29 A5.02 WORK ORDERS 29 A5.03 PAYMENTS 29 ARTICLE 46 OVERVIEW OF PROJECT SERVICES 29 A6.01 DEVELOPMENT OF OBJECTIVES 30 A6.02 SCHEMATIC DESIGN 30 A6.03 DESIGN DEVELOPMENT 31 A6.04 CONSTRUCTION DOCUMENTS 32 A3.05 BIDDING AND AWARD OF CONTRACT 33 A3.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 3-1 A5.07 TIME FRAMES FOR COMPLETION 37 ARTICLE 47 ADDITION AL SERVICES 33 A7.01 GENERAL 38 A7.02 EXAMPLES 38 A7.03 ADDITIONAL DESIGN 38 ARTICLE A3 REIMBURSABLE EXPENSES 38 A3.01 GENERAL 38 A8.02 SUBCONSULTANT REIMBURSEMENTS 39 ARTICLE 43 CITY'S RESPONSIBILITIES 39 43,01 PROJECT AND SITE INFORMATION 39 A3.02 CONSTRUCTION MANAGEMENT 40 SCHEDULE Al - SUB CONSULTANTS ........ 41 SCHEDULE 42 - KEY STAFF 41 ATTACHMENT 6 - COMPENSATION AND PAYMENTS 42 ARTICLE 61 METHOD OF COMPENSATION 42 B1.01 COMPENSATION LIMITS 42 B1.02 CONSULTANT NOT TO EXCEED . 42 ARTICLE B2 WAGE RATES 42 B2.01 FEE BASIS 42 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 42 82.03 MULTIPLIER 42 B2.04 CALCULATION 43 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 43 B2.06 ESCALATION 43 ARTICLE 83 COMPUTATION OF FEES AND COMPENSATION 43 B3.01 LUMP SUM 43 B3.02 HOURLY RATE FEES 43 B3.03 REIMBURSABLE EXPENSES 44 B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES .44 83.05 FEES FOR ADDITIONAL SERVICES 4-1 B3.06 PAYMENT EXCLUSIONS 45 83.07 FEES RESULTING FROM PROJECT SUSPENSION 45 ARTICLE B4 PAYMENTS TO THE CONSULTANT 45 ; -1NDF'•;:;;. -.-- -,PF ENGINEERING SERVICES FOR 3 A ENUE I r‘,I 7: R. 2 12 LI I City of Miami. Florida RFQ 16-17-049 B4.01 PAYMENTS GENERALLY__ . ..............................._..._.......... ....,.. ... .... _ ._...........,._..45 B4.02 FOR COMPREHENSIVE BASIC SERVICES . .. ... 45 B4.03 BILLING - HOURLY RATE 45 64.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES ............ ..45 B4.05 DEDUCTIONS 46 ARTICLE B5 REIMBURSABLE EXPENSES 46 B5.01 GENERAL .. ..................... 46 85.02 REIMBURSEMENTS TO THE SUBCONSULTANTS.................................... 46 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 46 136.01 GENERAL .................................... ....., .........,. ,.. 46 SCHEDULE 131 - WAGE RATES SUMMARY 47 SCHEDULE B2 - NEGOTIATED PRICE PROPOSAL 43 SCHEDULE B3 - CONSULTANT INVOICE . 50 URBAN DESIGN ANC LANDSCAPE ARCHITECTURE ENGINEERING SERVICES FOR AYNY/DCD NiAP3'; ANiENUE'FIOONERF 3 f2,ti 1' I4 City of Miami, Florida RFQ 16-17-049 CITY OF MIAMI PLANNING AND ZONING DEPARTMENT PROFESSIONAL SERVICES AGREEMENT Service Category URBAN DESIGN AND LANDSCAPE ARCHITECTURE/ ENGINEERING SERVICES FOR WYNWOOD NW 3 AVENUE WOONERF Contract Type Project Specific Consultant LOCAL OFFICE LANDSCAPE AND URBAN DESIGN Consultant Office Location 61 9'h Street, Suite C3, Brooklyn NY 11215. City Authorization Resolution No. R-TBD Agreement Number RFQ No. 16-17-049 THIS AGREEMENT made this day of in the year 2018 by and between THE CITY OF h.f!A"i,tl, FLORIDA, a Florida municipal corporation, hereinafter called the "City," and (Consultant's Name), hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 16-17-049 on June 15. 2017 for the provision of a full range of urban design and planning, landscape architecture and engineering services in the design of the Wynwood NW 3' Avenue Woonerf (the `Project") and the Consultants 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. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). 8. 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. UPcAN DESIGN AND LANDSCAPE ARCHITECTURE ENGINEERING SERVICES FOR WYNWOOO 3 A iENUE vlOONERF 4 R. 12.14 1- City of Miami, Florida RFQ 16-17-049 WITNESSETH. that the City and the Consultant, for the considerations herein set forth. agree as follows: ARTICLE 1 DEFINITIONS 1.01 Additional Services mean any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments mean the Attachments to this Agreement are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.01 Basic Services mean those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1,06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami. Florida, a Florida municipal corporation, the public agency which is a party hereto and for which this Agreement is to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of t;-e Project. In the e'ien` the City exercises its regulatory authority as a governmental body. the exercise cf such regulatory authority and the enforcement of any rules. regulatons. codes. laws and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as 'City". For the purposes of this Agreement. "City" without modification shall mean the City Manager. 1.0E Commission means the legislative body of the City of Miami. 1.09 Consultant means the individual, partnership, corporation, association, joint venture, or any combination thereof, of properly registered professional architects, or engineers, which has entered into this Agreement to provide professional services to the City. 1.10 Continuing Contract rears this Agreement was solicited as continuing contract. Per the Conseltants Competiti ie Negotiation Act. Section 237.055. Fla. Stat. A 'continuing contract" is defined as a contract for professional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for projects in Vhich the estimated construction cost of each individual project under the contract dces not exceed S2 million, for study activity if the fee for professional services far each individual study under the contract does not exceed S200.000. or for work of a specified nature as outlined in the contract required by the agency, with the contract being for a fixed term or with no time limitation except that the contract must provide a termination clause. Firms providing professional services under continuing contracts shall not be required to bid against one another. 1.11 Contractor means an individual. partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1,12 Department means or refers to the City of Miami's Planning and Zoning Department. 1.13 Director rneans the Director of the City Department designated herein who has the authority and responsibility for managing the specific project(s) covered under this Agreement. Unless LpB..:N AND LANDSCAPE ARCM';ENGINEERING SERVICES F3R P,YN' OCT:-\';', 3-- a iENUE N,OCNERF 5 Rot 1214 I" City of Miarni. Florida RFQ 16-17-049 otherwise specified herein or in a Work Order, for the purpose of this Agreement, the Director is the top administrator of the Planning and Zoning Department or their designee. 1.14 Errors mean items in the plans. specification or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the construction contractor to perform rework or additional work or which causes a delay to the completion of construction. 1,15 Errors and Omissions mean design deficiencies in the plans, specifications or other documents prepared by the Consultant, which must be corrected in order for the project to function or be built as intended. 1.16 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.17 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Director's approval. to serve as an extension of the City's staff typically ,working irs;de the City's Miami Riverside Center (MRC) or other requested City facility. 1.13 Notice to Proceed ("PUP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager aoknovvleting that all conditions precedent have been met and.'or directing that the Consultant may begin work on the Project. 1.19 Omissions r-ean items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and, or safe operation of the Project or required to meet the Scope of Services. 1.20 Primary Services mean those Services considered by City to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A, Scope of Services of this Agreement. 1.21 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. 1.22 Program means the City's multi -year Capital Plan, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. 1.23 Project means the design, construction, alteration and,'or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope of Services and,'or Work Order issued pursuant to this Agreement. 1,24 Professional Services mean those services within the scope of the practice of architecture, professional engineering. or registered surveying and mapping. as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural, engineering services" or ''professional services', as applicable, which are within this definition. 1.25 Professional Services Agreement ("Agreement" or "PSA ") means this Agreement and all attachments and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ') and the Consultant's response thereto, the RFQ shall URBAN DES C'N AND LANDSCAPE ARCHITECTURE ENGNEERII'aG SER', ICES FOR t YN';,OCD N'.V 3" iE NUE 'A CONERF 6 R4� 12.14.1- City of Miami. Florida RFQ 16-17-049 control In the event of any conflict between the Consultant's response to the RFQ and this PSA. this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.26 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement or increase the Project Budget, among other matters. 1.27 Risk Administrator means the City's Risk Management Director, or their designee. or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.23 Scope of Services or Services mean a comprehensive description of the activities, tasks. design features. objectives. deliverables and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.29 Small Business Enterprise ("SBE") means a firm which has been certified by Miami -Dade County who will provide architectural, landscape architectural, engineering, or surveying and mapping professional services to the prime proposer as required pursuant to City Code Section 18-87. 1.30 Sub consultant'Subcontractor means a person or organization of properly registered professional architects, engineers, registered surveyors or mappers, and,'or other professional specialties that has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. - 1.31 Wage Rates mean the effective direct expense to the Consultant and: or the 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 cornpensation. 1.32 Woonerf means a road in which devices for reducing or slowing the fow of traffic have been installed. 1.33 Work means all services, materials and equipment provided by, or under this Agreement with the Consultant. 1.34 Work Order means a document internal to the City which authorizes the performance of specific professional services for a defined Project or Projects. 1,35 Work Order Proposal means a document prepared by the Consultant at the request of the City for Services to be provided by the Consultant on a specific phase of a Project. DES:GN AND LANDSCAPE ARCI-dTECTURE ENGINEERING SER'r°CES FAR i ' NY/OCD NW 3- A'rENUE'NOONERF 7 R,n. 12.14.1- City of Miami, Florida RFC) 16-17-049 ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. The City, by action of the City Manager, shall have the option to extend this Agreement subject to the continued satisfactory performance as determined by the Director of the Planning and Zoning Department. and to the availability and appropriation of funds. City Commission authorization of this Agreement includes delegation of authority to the City Manager to administratively approve said extensions provided that the compensation limits set forth in Article 2.04-1, Compensation Limitations are not exceeded. 2.01-1 EXTENSION OF EXPIRATION DATE In the event the Consuitant is engaged in any Project(s) on the Agreement expiration date, then this Agreement shall not expire and shall remain in effect until completion or termination of said Project(s). No new Work Orders shall be issued after the expiration date. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work. hereto (to be determined), which is incorporated into and made a part of this Agreement. 2.03 SMALL BUSINESS ENTERPRISE ("SSE") PARTICIPATION REQUIREMENTS ORDINANCE 13331, codified as Section 18-87(p), City Code. Prospective Firms must adhere to the following requirements: — - 1) Assign a minimum of fifteen percent (15'0) of the contract value to firms currently certified by Miami -Dade County as a Small Business Enterprise ("SBE") in good standing: 2) Place a specific emphasis on utilizing local small businesses from within the City's municipal boundaries (within the city limits). For information on the City's SBE requirements. visit the Office of Capital Improvements (OCI) website at: htto ' w,ri 'w miarric;ov.com/CITPiforms html 2.04 COMPENSATION 2.04-1 COMPENSATION LIMITS The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed fee. based on the rates and schedules established in Attachment 6, Compensation and Payments, hereto, which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed (total value of award) (S392,900.00) in total over the term of the Agreement and any extension(s), unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. Said fee is comprised of a fee for Basic Services of $315,178.00 plus $31,900.00 for Miscellaneous Services (Demonstration Project) and $45,822.00 for Reimbursable Expenses. The City may, in its sole and absolute discretion use other compensation methodologies. The work may never exceed the limitations provided in Section 237.055, Florida Statutes, for "Continuing Contracts". 2.04-2 PAYMENTS Unless ctherhise specifically provided in Attachment B, Compensation and Payments. payment shall be made in accordance with Florida Statute Chapter 218, Part V11, Local Government Prompt Payment Act. after receipt of the Consultant's invoice. which shall be URBAN DES.C.:N AND LANCS.:A?E ARC T r,RE ENGINEERING sER';,cEs FOR hYNW000 N.`; 3 A' ENUE '+'lOONERF 3 It.\ 12.1-' City of Miami, Florida RFQ 16-17-049 accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper invoice' as defined by Section 218.72 (1). Florida Statutes. and to allow a proper audit of expenditures. should the City require one to be performed. If the Consultant is entitled to reimbursement of travel expenses. then all bills for authorized and approved travel expenses shall be submitted in accordance with Section 112.061. Florida Statutes. The Consultant shall utilize Attachment B. Scheduled 62 - Consultant Invoice. for the submission of invoices. ARTICLE 3, PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed' as constituting an agreement between the City and said other person or firm. 3.02REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written request to the Consultant for the prompt removal and replacement cf any personnel employed or retained by the Consultant. or any Sub consultants or Subcontractors. or any personnel of any such Sub consultants or Subcontractors engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be rr.ade by the Cons_,'ao'.. Such request shall solely relate to_sa:d e_rnploye_e.s work under this Agreement. 3.03CONSULTANT KEY STAFF The part. es aok.nowiedge, that. the Consultant was selected by the City, in part, on the basis of q.:alifica',o^s of particular staf identified in the Consultants response to the City's solicitation. hereinafter referred to as "Key Staff'. The Consultant shall ensure that Key Staff are available for Work upon regi..iest from the City. as long as said Key Staff is in the Consultants employ. The Consultant will obtain prior written acceptance from the Director or their designee to change Key Staff. The Consultant shall provide Director, or their designee with such information as necessary to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff qualifications. Such acceptance shall not constitute any responsibility cr far the individual's ability to perform. 3.04TIME FOR PERFORMANCE The Consultant agrees to start all L'lork hereunder upon receipt of a Notice to Proceed (NTP) issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant for extra compensation provided the total duration of the contract term does not exceed three (3) years and three (3) months from the date of the Notice to Proceed. 3.05 STANDARD OF CARE Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform ail Services in compliance with Florida Administrative Code Rule URBAN IDES 3N .AND LANDSCAPE ARCHI—E0 JPE ENGENEERtNO SER/'CES FOR 1.,YNYi COD N;'s 3' A : E NI,E 'f, CONE R F 9 R .. 12.14.1- City of Miami. Florida RFQ 16-17-049 61 G15-19.001(4) and Section 471.033(1) 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 and coordination of all designs. drawings, specifications, and other Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors. omissions. andior deficiencies in its designs, drawings, specifications or other Services, Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, emissions, and/or deficiencies in its designs, drawings, specifications or other Services. ARTICLE 4. SUB CONSULTANTS 4.01 GENERAL 4.01.1A Sub consultant, as defined in Article 1.29, Sub consultant/Subcontractor, is a firm that was identified as part of the consulting team in the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al, Sub consultants/Subcontractors attached hereto and incorporated herein by reference. 4.01.2A Specialty Sub consultant is a person or organization that has, with the consent of the Director. entered into a written agreement with the Consultant to furnish unique and speciaiized professional serrices necessary for the Project or task described under shall be in ad-t+an-te these-id€t+f+ed in Attachment A, Schedule Al, Sub consultants/Subcontractors. 4,02SUB CONSULTANT/SUBCONTRACTOR RELATIONSHIPS 4.02.1 Al'I seriices provided by the Sub consultants shall be performed pursuant to appropriate written agreements betNeen the Consultant and the Sub consultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02.2Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Sub consultants. The Consultant acknowledges that the Sub consultants are entirely under his direction, control, supervision, retention and'or discharge. 4.03 CHANGES TO SUB CONSULTANTS The Consultant shall not add. modify. or change any Sub consultant listed in Attachment A, Schedule Al, Sub consultants/Subcontractors without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed substitution, The City's approval of requests for substitution of sub -consultants shall not unreasonably be withheld or delayed. ARTICLE 5. DEFAULT 5.01 GENERAL !f the Consultant fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, or fails to comply with any applicable law, code, rule, regulation or permit in performing under this Agreement, then the 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 the Consultant, terminate this Agreement whereupon a!I payments, advances. or other compensation paid by the City to the Consultant while the Consultant was in default shall be immediately returned to the City. The Consultant understands URBAN DESIGN AND LANDSCAPE ARCHITECTURE ENGINEERING SERVICES FOR \NYNViOOD fv4+r 3", A'1ENUE WOONERF 10 R, . 12.i4 I- City of Miami, Florida RFQ 16-17-049 and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default. in addition to the foregoing. the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services. including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements from the Consultant until such time as the actions giving rise to default have been cured. The consultant's liability for Default shall not exceed the total amount of this Agreement, plus applicable insurance coverage or its equivalent if the carrier denies coverage. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02.1 The Consultant fails to obtain or maintain the professional engineering certification,licensure, insurance or bonding herein required. 5.02.2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City, beyond the specified period allowed to cure such default. 5.02.3 The Consultant fans to commence the Services within the time provided or contemplated herein. cr fails to complete, the Work in a timely manner as required by this Aggreenient. 5.02.4 The Consultant fails to comply with any term, condition, obligation or covenant of this „green!ent, as defined he e:n, which is to be performed by the Consultant. 5,02.5 The Consultant fails to comply with any applicable code. law, rule. or regulation applicable to the Consultant's performance of this Agreement. 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE The City, through the Director or the Director's authorized designee, shall provide written notice to the Consultant as to a finding of default, and the Consultant shall take all necessary action to cure said default within tame the stipulated in said notice, after which time, the City may terminate the Agreement. The City, at its sole and absolute discretion. may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified, the Agreement shall be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. When in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Consultant's ability to perform the work, the City will notify the Consultant in writing that it must, within the timeframe set forth in the City's request, provide assurances and a plan of action to the City, in writing, of the Consultant's ability to perform in accordance with the terms of the Agreement. In the event that the Consultant fails to provide the City the requested assurances within the prescribed time frame or the requested assurances are not acceptable in the opinion of the City Manager or the Director, the City may a) treat such failure as a repudiation of the Contract and, or b) resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the work or any part thereof either by itself or through others, and commencing negotiations with the second ranked firm as a result of the Solicitation. URBAN DES.ON ANC L.A` E,S APE AROHITEOTJRE ENGINEERING SER`dICES FOR P1YN,'dOOC NJ 3— A 'to OONERF City of Miami. Florida RFQ 16-17-049 In the event the City may, at its sole discretion terminate the contract for default, the City or its designated representative may immediately take possession of ail applicable documentation and data. Where the City erroneously terminates the contract or for default. the termination shall be converted to a termination for convenience, and the Consultant shall have no recourse of any nature for wrongful termination. except as stated below in Article 6, Termination of Agreement. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensuratewith the cause of such failure to perform, or cure. ARTICLE 6. TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City, including the Director or the director's authorized designee has the right to terminate this Agreement for any reason or no reason, upon ten (10) business days' written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other documents, including all electronic copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or designee. The Consultant shall be paid in accordance with provisions of Attachment B, Compensation and Payments, provided that said docurnentaticn is turned over to Director or designee within ten (10) business days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by the Consultant ur.til all documentation is delivered to the Director or designee. 6.01.1 The Consultant shall have no recourse or remedy from any termination made by the City except to retain the fees, and allowable costs or reimbursable expenses, earned rnmpensat.or+ for-ie Services Chet we -re performed in complete compliance with the Agreement. as foil and final settlement of any claim, action, demand, cost. charge or entitlement it may have, or will have against the City, its officials or employees. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing. following breach by the City. if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant s'ecifying the City's breach of its duties under this Agreement. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person. other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant, any fee. commission, percentage. gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee. commission, percentage, gift. or consideration. ARTICLE 7. DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings. plans, drawings, specifications, maps, computer files, and, or reports prepared or obtained under this Agreement, as well as ail data collected, together with summaries and charts derived therefrom, including all electronic digital copies will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to the City at any time during the UP..E-AN DES:3N AND LANDSCAPE AROHITECTURE.ENGINEERING SER'iICES FOR '/ YN1`/OOD" o 3 A'✓ENUE'I'iDONERF 12 Rti\ 12.14 I- City of Miami, Florida RFC) 16-17-049 performance of such services and;or upon completion or termination of this Agreement. The Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit the site for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies. including reproducible copies. solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure of the Consultant to promptly deliver all such documents. both hard copy and digital, to the Director or designee within ten (10) business days of cancellation. or within ten (10) business days of request by the City. shall be just cause for the City to withhold payment of any fees due the Consultant u e.; the Consultant delivers all such documents. The Consultant shall have no recourse from these -�quirements. 7.03 RE -USE BY CITY It is understood that a!I Consultant agreements and.'or Work Orders for new work will include the provision for the re -use of puns and specifications, including construction drawings. at the City's sole option and by virtue of signing this Agreement the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans. documents. studies. or other data for any purpose other than that intended by the terms and conditions of this Agreement, or for plans, documents. studies. or other data that have been altered by the City. 7.04 NONDISCLOSURE To the extent allowed by larv, the Consultant agrees not to divulge, furnish. or make available to any third person, firm or organization. without Director's or their designee's prior written consent. or unless incident to the proper performance of the Consultants obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenae . any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, Sub consultants;Subcontractors to comply with the provisions of this paragraph, 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant will keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119. shall be kept in accordance with the applicable statutes. OtherMise, the records and documentation will be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the 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. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service: (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; 3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law: (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements: and. (5) provide all URRA,N DESIGN ANC LANDSCAPE A CH1 E:T E ENGINEERING SER'I CES FOR loYNV.00D NIA. 3' A iENUE IoNOONERF 13 12 I- I" City of Miami, Florida RFQ 16-17-049 electronically stored public records to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.CONi, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of a!I new employees hired by the Consultant during the term of the Contract a-; shall expressly require any Sub consultant performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. ARTICLE 8 INDEMNIFICATION 1t is t°-e City's longstanding pciicy that the Consultant shall indemnify. hold harmless, and defend (at i_s own expense) the City, its officers. agents, directors, and,or employees from a!1 liabilities. damages. losses. judgments. and costs, including. but rot limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional or hr-O` 1 r-- scond-uict Consultant ardeersans employed or utilized by Consultant in the performance of this Contract. Consultant shall, further, hold the City, its officials and,or er»plo;ees. harmless for, and defend the City, its officials and,or employees against. any civil aotions. statutory or similar claims, injuries or damages arising or resulting from the permitted lr.,ork, ed n if it is alleged that the City. its officials and,or employees were negligent. These indemnifications shall sum. re the term of this Contract. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherAise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and sa re harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own expense. to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option. any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Consultant, or persons employed or utilized by Consultant. This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted under the laws of the State of Florida. including without limitation and interpretation, which conforms to the limitations of Section 725.06 and Section 725.08, Florida Statutes, as applicable, as amended. The Consultant shall require all Sub consultant agreements to include a provision that they will indemnify the City, The Consultant agrees and recognizes that the City shall not be held Gable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing. .:R3AN EMI .3!, LANDSCAPE ARrHtTES"U'RE ENOFNEERIN, SER./rCES FOR tiwY,',OCG3 A'/ENUE hCONERF 14 Rev. I_.la I' City of Miami, Florida RFQ 16-17-049 approving cr rejecting any submissions by the Consultant or other acts of the Consultant, the City. in no way. assumes or shares any responsibility or liability of the Consultant or Sub consultant under this Agreements. Ten dollars (S1 9) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consuitant shall not start Services under this Agreement until the Consultant has obtained all insurance required hereunder and the City's Risk Administrator or their authorized designee. 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 Fonda and satisfactory to the Risk Administrator. Ail companies shall have a Florida resident agent and be rated at least A-, in accordance with A.M. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certifcates of insurance to the Risk Administrator for review and approval prior to -the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount and classification required by these proo.iisicns, in e eeess o` aey :ee ':.,g claims at the time of contract award to the Consultant. The CcnsuIt .nt shall n with equal or better rating as identified herein for the term of this Ae eem:ent. Tine Coes_:lt.3-e shall provide written notice to the City's Department of Risk I},'a,nagement of any reater;a' change. cancellation and,'or notice of non -renewal of the insurance within thirty (30) calendar days of the change. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator witnin ten (10) business days of written request. 9.03 FORMS OF COVERAGE 9.03.1 CO,MNIERCJAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The Consultant shad maintain commercial genera! liability coverage written on a primary and non- contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 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. V/aiver of Subrogation applies in favorite of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insure' as reflected by endorsement CG 2010 11185 or its equivalence. Notice of cancellation should read (30) calendar days and (10) business days for nonpayment. 9.03.2 BUSINESS AUTOMOBILE: The Consultant shall provide business automobile liability coverage including coverage for all owned, hired and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read (30) calendar days and (10) business days for nonpayment. 9.03.3 PROFESSIONAL LIABILITY INSURANCE: The Consultant shall maintain Professional Liab+#ity Insurance including Errors and Omissions coverage in the minimum amount of URBAN DES:GN ANC: LANOSvAEE ARCNTEuT'URE ENGENEERING SER'iICES FOR ii{N,iOGD W/ 3" A... NLE wOCNERF 15 R,n 1' 111" City of Miami, Florida RFQ 16-17-049 S1.000.000.00 per claim, S1,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least one year after completion of the construction and acceptance of the Project covered by this Agreement. Coverage must reference the retroactive date, 9.03.4 WORKER'S COMPENSATION INSURANCE: The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended. and Employees Liability with a minimum limit of $500 000.00 each occurrence. 9.03.5 SUB CONSULTANT COMPLIANCE: The Consultant shall ensure that all Sub consultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their 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) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The 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 the City accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The City reserves the right to audit the Consultants accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Diractor, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102. City Code, are applicable to this Agreement and are deemed 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, mod feed, or otherwise a,tared in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged. sold. delegated or assigned, in whole or in part, by the Consultant without the written consent of the City. acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultants services are unique in nature and any assignment. sale transference without City Commission approval shall be cause for the City to terminate this Agreement. The Consultant shall have no recourse from such termination. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of pe3A�l DES,O,N AND LANDSCAPE ARCHITECT'JPE. ENGINEERING SERVICES FOR P,'; N 1,30D N''/ 3'' A','EN.UE 'JL OONERF 16 Rc',.1_'.14I- City of Miami, Florida RFQ 16-17-049 an assignment assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Consultant and the City each binds one another, their partners. successors, legal representatives and authorized assigns to the other party of this Agreement and to the partners. successors. legal representatives and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE in compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method. the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant s`.ms by which the City determines the Project price was increased due to inaccurate, incomplete or non -.current wage rates and ether factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party. concerning this Agreement, or arising out of this Aera3rnent. shall be brcught in Miami -Dade County, Florida. Each party shall bear its own atterney's fees except in actions arising out of the Consultant's dutes to indemnify the City under Article 8. Indemnif cation, herein where the Consultant shall pay the City's reasonable att:rre/s fees. 1-0 6 - NOTICES - r', e.}.-.r peety des res to give notice unto the other. such notice must be in writing. sent by registered LeTted States mail, return recept requested. addressed to the party for whom it is intended at the place last saesified. and the place for giving of notice shall remain such until it shall hale been changed by i,',ritten notice in compliance with the provisions of this paragraph. For the present. the parties designate the following as the respective places for giving of notice: For City of Miami: Daniel Alfonso City Manager Office of the City Manager City of Miami 444 S.W. 2' Avenue, 10 b Floor Miami, Florida 33130-1910 Email: djalfonso. miamieov.com Phone: 305-416-1025 Annie Perez. CPPO Director Department of Procurement City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: annieperez miamigov.ccm Phone: 305-416-1910 URBAN DES; 3N AND LANDSCAPE ARCHITEOT'.;RE ENGINEERING. SERVICES FOR A,YNWOOIO NW ]'" 4'iENUE PiGONERF 17 R;t 12.1 4 1 `' City of Miami, Florida RFQ 16-17-049 Victoria Mendez City Attorney Office of the City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Honda 33130-1910 Email: victoriamendezamiamigov.com Phone: 305-416-1832 With Copies to: Francisco Garcia Director Planning Department City of Miami 444 S.W. 2nd Avenue,3rd Floor Miami, Florida 33130-1910 Email: fgarcia.drniamigov.com Phone: 305-416-1400 For Consultant: Local Office Landscape and Urban Design 61 9 Street, Suite C3 Brooklyn, NY 11215 Erna 1. jprnifrInclatafficelandsoace cm Phone: 1-718-788-1987 10.07 INTERPRETATION The fangof this Ag-eemment has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as ''herein," "hereof," `hereunder." and "hereinafter' refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 10.03 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and the Consultant and the resulting document shah not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement. requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. RB ! v DES.3N AND LANDSCAPE APCHV ECTURE ENGINEERING SERVICES FOR 'r'j"N',',OCD "„'/ 3.'- A'IENUE WOONERF 13 R,\. 1'.Ia 1" City of Miami, Florida RFQ 15-17-049 10.10 MEDPATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design ander construction of the subject Project, and,or following the completion of the Project. the parties to this Agreement agree all disputes between them shall be submitted to non- binding mediation prior to the initiation of litigation. unless otherwise agreed in writing by the parties. A certified Mediator, who the part:es 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 in the agreements with all Sub consultants and independent contractors retained for the Project, thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party will bear their own attorney's fees. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or tc file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto, and will give the "fork as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Vlor'k sna!I be performed strictly (not substantially) within the time limitations necessary to rra ntain the critical path and all deadlines established in this Agreement and,'or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Cons_.'t_:sot :- -_ / with all applicable laws codes ordinances rules. rmgtilations and resolutions inciudin .:out limitation, the Americans with Disabilities Act ("ADA'). as amended. and ail a,rTI'ct]ble ri; w' .i :''fines and standards in performing its duties, responsibilities, and obligations r._' , A. o.-eement. The Consultant represents and warrants that there shall be no unlawful d. c :r ., .:::_ as provided by law in connection with the performance of this Agreement. 10.12.1 NON-DISCRIMINATION: The City warrants and represents that it does not and will not engage in discrim natory practices and that there shall be no discrimination in connection with the Consultants performance under this Agreement on account of race color, gender, religion, age, handicap. marital status or national origin. The Consultant further covenants that no otherwise qualified individual shall. solely by reason of their race, color, gender, religion, age. handicap, marital status or national origin, be excluded from pa- cipation in. be denied services, or be subject to discrimination under any provision of this Agreement. 10.12.2 OSHA COMPLIANCE: The Consultant warrants that it will comply with all safety precautions as required by federal, state or local laws, rules, regulations and ordinances. 10.12.3 The City reserves the right to refuse the Consultant's access to City property, including Project jobsites. if the 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 the Consultant. 10.12.4 ADA COMPLIANCE: The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work. labor or services funded by the City. including Titles I and 11 of the ADA (regarding nondiscrimination on the basis of disability) and all applicable LRE:aN CES+'N a`+E LANDSCAPE ARCHITECTURE ENGINEERING SER`0!CES FOR WYN4' OOE NW 3- .'IENUE Ni00NERF 19 R:�.12.14I� City of Miami, Florida RFQ 16-17-049 regulations. guidelines and standards. Additionally —the Consultant shall take affirmative steps to insure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or their authorized designee. 10,14.1 RESOLUTION OF CONTRACT DISPUTES The Consultant underst.nds and agrees that all disputes between it and the City based upon an alleged violation of the t m s of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute, the Consultant shall submit their dispute in 'l,ritng. with all supporting documentation, to the Director of PZ, as identified in Articl? in Ct Nnt:ces Un on ran. ipt of sairlr }:f ra+;no tkp gE0!Lr.""p v the issues relative to the dispute and issue a written finding. S'nould the Consultant and the Director of PZ fail to resolve the dispute. the Consultant shall submit their dispute in ,writ.ng within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant, Upon receipt of sad notification the Director of Procurement shall review the issues relative to the dspute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for their resolution, is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed S500,000.00, the City Manager's decision shall be approved or disapproved by City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable, or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (!ii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.15 INDEPENDENT CONTRACTOR The 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, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension URBAN DES GN AND LANDSCAPE ARJHITEJTJRE ENGNEERING SERVICES POR PrYN',',rbG NN 3' A'iENUE't CONERE- 20 R. 12.1-4 I' City of Miami. Florida RFQ 16-17-049 Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant. and agrees to provide workers' compensation insurance far any employee or agent of the Consultant rendering services to the City under this Agreement. 10.16 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds. reduct:on of funds and,or change in program requirements andi'or regulations, upon thirty (30) calendar days' notice. 10.17 THIRD PARTY BENEFICIARY The Ccr the City agree that it is not intended that any provision of this Agreement :-ty beneficiary giving or allowing any claim or right of action whatsoever by an, „ ,rs - Li -der this Agreement. 10,13 ADDITIONAL TERMS AND CONDITIONS If a PSA or ctl-er Agreerrant ihas provided by the City and included in this solicitation for the Project. no ad'd t:oral terns cr conditions which materially or substantially vary, modify or alter the terms cr ccn''ans of this A.-eement, in the sole opini;r discretion of the C'_y. ',� i, be cv s u vc Any and al! such additional terms a r,c t,er. shall have no force or eff t and are ine,co oablo to this PSA or other Agreement. URBAN :EE:3N AND _XAL:SC,\PE A=' .-'l-= :T.,RE ENG[NEERING SERVICES FOR `r'W`Td,,SOD3' a,NLE'r/OCNERG 21 R.\. I'.1a I� City of Miami, Florida RFQ 16-17-049 IN WITNESS WHEREOF. the parties have executed this Agreement No. RFQ NO. 1,7,-17- 049 as of the day and year first above written. WITNESS 'ATTEST: Consultant, LOCAL OFFICE LANDSCAPE AND URBAN DESIGN Signature, Signature Print Plane. Title Print Narne. Title of Authorized Officer or Official ATTEST: (Corporate Seal) Consultant Secretary (Affirm Consultant Seal, if ayailab e) ATTEST: CITY OF MIA,MI, a municipal corporation of the State of Florida Todd B. Hannon, City Clerk Daniel J. Alfonso. City Manager APPROVED AS TO }:\JSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann Marie Sharpe, Director Victoria Mendez, City Attorney Risk Management Department JP AN DE5GN ANE LANDSCAPE ARCHI`ECTJRE ENGINEERING SERVICES FOR tYN^;,OO❑ NW 3" A iENUE't,OCNERF 22 R2l 1' 14 1' City of Miami, Florida RFQ 16-17-049 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of . a corporation organized and existing under the laves of the State of , held on the day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, l have hereunto set my hand this , day of 20 Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CER T iFY that at a.meetng of the Board of Directors of a partnership organized and existing under the laws of the State of , held on the day of a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect, IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner: Print: Names and addresses of partners: Name Street Address City State Zip i.JREAN:ES 3N a`a' a r a= :! .-= r;ARE ENGINEERING SER'»ICES FOR IiYN'AiCOD N4V 3 A,ENiUE WCONERF 23 R,..ti I2l4.1, City of Miami, Florida RFQ 16-17-049 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement each member of the joint venture must sign this Agreement and submit the appropriate. Certificate of Authority (corporate, partnership. or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that. 1 (Name) , individually and doing business as (drbia) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20� Signed: Print: NOTARIZATION STATE OF COUNTY OF SS: The foregoing instrument was acknowledged before me this day of , 20 , by , who is personally known to me or who has produced as identification and who (did 1 did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC URBAN DESIGN AND LANDSCAPE AR' NITECT'.;R,E-ENGINEERING SER\dICES FOR \ YNV/ OCO NY/ 3 AVENUE WOONERE 2-1 12.14 1— City of Miami. Florida RFQ 16-17-049 ATTACHMENT A - SCOPE OF WORK ARTICLE Al OVERVIEW The City of Miami ("City') is seeking to procure a qualified and experienced professional consulting firm to work in conjunction with City staff and the VVynwood BID and interested business owners and residents to provide urban design and landscape architecture/engineering to design the Wynwood NW 3 3 Avenue Woonerf. This document is necessary to develop the NW 3' Avenue Woonerf design identified within the adopted Neighborhood Revitalization District (NRD)-1 ordinance. The overall goal of the qualified firm is to work with the community to develop a blueprint for a Woonerf (i.e. a Dutch version of a pedestrian -primary, bicycle friendly '`shared" street) consisting of street trees, landscaping, street furniture, sculptures. artistic wayfinding and other streetscape enhancements to an area as identified in Attachment A. The NW 3' Ave Woonerf will encompass the entire publicly owner right-of-way along NW 3" Avenue from NW 25- Street to NW 29' Street. The City will select a consultant team to provide professional and technical services to engage Wynwood business owners and residents to assist in the preparation of the NW 3" A,`enue Woonerf based on the following Request for Proposal (RFQ). The Scope of Services include providing a full range of urban design and landscape architectural & civil engineering services for the design of the N'/V 3' Avenue Woonerf that takes into consideration the following: 1) Strengthening sense of place. neighborhood identity, and aesthetics through the ldent r,catton of sue. c tree species, shrubs planting systems. art, sculpture. furniture, play and exercise equipment, and their locations; 2) Development of public landscaping scheme for the NW 3' Avenue Woonerf which interacts with the surrounding art on private property, without conflicting or obstructing visibility of art applied to building exteriors; 3) Build:rig the community's resilience to the impacts of climate change through tree canopy to reduce the heat island effect. and reintroduction of native plant species; 4) Maintaining and enhancing the quality of the air, water, and land through a mature tree canopy's ability to sequester carbon and release oxygen; 5) Promoting Green Infrastructure opportunities to mitigate urban stormwater runoff from the surrounding neighborhood; 6) Reducing greenhouse gas emissions through the creation of an attractive and comfortable pedestrian and cycling route to reduce car dependency; 7) Developing minimum planting standards above and beyond those in Miami 21, and establishing industry best practices for planting treatment, irrigation, suspended pavement systems, etc.; 8) Automobile traffic and parking study under the assumption that NiV Avenue is restricted to one lane of traffic with the potential for limited parking and no loading. 9) Eliminating all curbs and curb -cuts from right of way where possible. 10) Developing specific standards for enhancement of bike -lanes, transit stops and pedestrian facilites; 11) Encouraging interaction with surrounding hubs of pedestrian experience. such as Wynwood Walls, Wynwood Arcade and Wynwood Block, through specific design interventions; 12) Producing thoughtful treatment of street intersections, insuring safe and continuous pedestrian and bicycle passage along the entire length of the Wonerf; and 13) Providing additional attention to northern gateway segment and how it interacts with NRD- 1 and community to the north. ;RB.?N E= 13N a?,v L1 ,ES \-E A NI`_, P.E ENTi NEERINO SER`i10ES FOR N'.'jCOD VV, 3. A rENUE V400NERF 25 !Z �. !2i-t.l" City of Miami. Florida RFQ 1 6-17-049 Sustainability and conservation of resources shall be an integral part of the Consultant's design — and recognized as a Project goal throughout. Consultant shall incorporate sustainable landscape features within the Woonerf, in support of a sustainable design theme which can be exported to the surrounding community. Consultant's Plan recommendations. at a minimum, shall consider sustainable planning. building. site, and design practices. Community input on how to expand upon the following objectives, is critical to achieving sustainability goals: 1. Permeable surfaces: 2. Energy conservation and atmospheric impact: 3. Habitat enhancement: 4. Efficient use of water: 5. Reduced pesticide use: 6. Storm water retention capability: and 7.. Efficient use of materials and resources. Consultant's Plan shall address the plant material used in ongoing maintenance and enhancement of the neighborh Installing desirable environmentally appropriate groundcover. trees, and. or shrubs is of high . Specimens recommended for the Woonerf must be able to thrive in a coastal envirnnmen . r drought tolerant, and strong enough to withstand the public by -way and climate forces. Trees or plants that are susceptible to pests and disease shall not be recommended. To sustain Iocal w'ldlife populations. Florida natives that do not go completely_ dormant should be adnled r,hene ier pcsslble. Deciduous trees shall be surrounded by e iergreens to maintain the visual aesthetics of Woonerf. ARTICLE A2 BACKGROUND INFORMATION The'l`lyn,.ccd Neighborhood is located just north of Miami's city center surrounded by Midtown. Edgewater, Overtown and Allapattah. Wynwood is an eclectic district that thrives on color, innovation, and character. 4Yith a higher concentration of street art than anywhere in America. Wynwood is further defined by its vibrant Ice.' and feel. Its home to a diverse fabric of people. businesses and organizations rooted in true ; ; and entrepreneurship. Wynwoods boundaries generally stretch from NY/ 20th Street to NY S:reet and from 1-95 to the Florida East Coast (FEC) Railway east of North Miami Avenue. \Nynwood is now in transition and is transforming into a globally recognized destination for art, fashion, innovation, and creative enterprise. Emerging trends include art studios and galleries, microbreweries, artisan restaurants and bakeries, co -working spaces and innovative tech firms. There are also renowned charter schools and colleges moving into the neighborhood. New residential, commercial and office developments are emerging from the ground up. As a result of Wynwcod s industrial past. there is a dramatic need for green and open space areas along with an enhancement to tree canopy for the benefits of its current and future residents and visitors. Through a 2-year planning exercise, an award -winning planning document was developed called the NRD-1. The NR©-1 includes regulations for many elements of the neighborhood. and a Street Masterplan that call out Right of Way conditions for every street in the Neighborhood. Woonerfs are a major component of that vision. Located in three places, they are intended to function like linear parkways that serve as green spaces which shall accommodate primarily pedestrians and bicyclist with limited vehicular traffic and reinforce the neighborhood's artistic and cultural character. PSA1 DESJ 3N ANC `,�•- APE .fin H TE. TJRE ENGINEER - SER`rLCES RCP. P4NW00QNV). 3 , - `LE i OONERF 26 Rs\ 12.14.1- City of Miami, Florida RFQ 16-17-049 Respondents will have wide breadth to propose unique, forNard-thinking interventions for one of those Woonerfs. This is an opportunity to innovate in one of Miami's most innovative neighborhoods, and design a beautiful space against the backdrop of one of Miami's most interesting canvases. ARTICLE A3 MINIMUM REQUIREMENTS The City relied on the Consultant's Proposal to determine that Consultant and Consultant's Key Personnel have met the minimum qualifications requirements established in the Solicitation. ARTICLE A4 SUMMARY SCOPE OF SERVICES The Scope of Services include providing a full range of urban planning. design and landscape architectural/engineering services for the development of the Plan and schematic design to be utilized by the City as the template for improvements to NW 3' Avenue. Tasks, responsibility, and contents include, but are not limited to: kickoff environmental site analysis, assessment and studies, professional survey, analysis of existing infrastructure impacts, grading and drainage. review of pertinent plans and context analysis, traffic analysis,'parking plan, project meetings and data gathering. public outreach/community engagement and presentations. consensus building and facilitation, design options, framework plan, demonstration project. civil,'site planning. proposed landscape design/space planning. schematic design, and perspective illustrations. The must hp familiar with COLInti ant'' City crdas. rstrictions, and prnr..Pss s throughout the project and goals established in the i`!RD-1 and other relevant planning documents. Ali deliverables will be submitted to the City in hard copy and original electronic format (for example: Excel. AutoCAD, Word. etc.). All work produced by the Consultant for this project will become property of the City of Miami, and it is expected that information pertinent to this project will be shared freely with a'.l City employees involved in the project. Importance is placed on effective community outreach and public input that maximizes opportunities to develop a community consensus for the Plan. The Consultant shall address each of the following phases: 1) PHASE 1: SITE ANALYSIS AND ASSESSMENT OF RESOURCES This phase will include an environmental site analysis of the area to consider existing site conditions. inventory of components, canopy cover, surveys, assessment of existing above and below grade infrastructure (including all utilities), opportunities and constraints, along with neighborhood and civic interests. Additional information will be needed to evaluate existing trees, potential property uses, energy resources, conservation options, and alternative landscape options for the purpose of maintaining and renovating the existing landscape where possible. 2) PHASE 2: DEVELOPMENT OF COMMUNITY OUTREACH, PUBLIC INPUT PROCESS. AND CONSENSUS BUILDING This phase embarks on the community outreach process, seeking to build business owner and resident support for the Woonerf design project. This phase also solicits community comment on how the NY'J 3`" Avenue Woonerf should be designed to meet the needs of business owners, residents, and visitors. The community outreach, public input, and consensus building effort will be integral to a successful planning and design process. The design will reflect public input and community consensus as endorsed by the City and major stakeholders. Stakeholders include, but are not limited to: OES'3 1'4O' a..`iOSOARE ARCH`E;;T'JRE ENGINEERING SER'r ICES FOR 'AO'\MOOD NL'1 3 A'rEN'UE'r'J0ONERF 27 ltc . 12.14 1- City of Miami. Florida RFQ 16-17-049 neighborhood residents. adjacent neighborhoods. business owners, and applicable governmental agencies. It is essential that the diverse make-up of the community is encouraged to participate, and is represented fairly in this process. 3) PHASE 3: WOONERF SCHEMATIC DESIGN AND SPECIMEN PALETTE This phase will be based on a thorough needs assessment and community outreach of which a woonerf plan will be developed. This woonerf design will reflect the needs and interests identified by the community. the City, and other key partners. The Consultant shall coordinate Woonerf design with streetscape plan specific to NW 3`= Avenue between NW 29'"' Street and NW 25' Street. This is a dynamic new street design developed to convert a public thoroughfare into a pedestrian primary zone which acts as public open space. 4) PHASE 4: COST ESTIMATES AND MAINTENANCE PLAN In 1r s p'-ase an cperating cost model and maintenance plan will be completed for the project. The City will look to the Consultant to analyze and extrapolate data from the previous phases to complete both the operating cost model and maintenance plan. A Maintenance Plan should address how the City may fund the maintenance once each phase of installation is completed. 5) PHASE 5: PRESENTATION TO WYNWOOD BID Once the NW 37' Arenue Woonerf masterpian has been drafted. the Consultant shall make a pros ntat:on to the Wynv odd 6:D detailing the components of the plan, coodinatior. with NRD-1 Strsets.eape Master Plan, any identified maintenance priorities. and the extent of community outreach and participation in developing the master plan. 6) PHASE 6: PRESENTATION TO CITY COM,VISSION AND PZAB FOR ACTION Once the NW 3-= Avenue Woonerf has been drafted. the Consultant shall make a presentation to the PZAS and City Commission detailing the components of the plan, any identified maintenance priorities, and the extent of community outreach and participation in developing the Plan. A:lWork Plan deliverables shall be submitted to the City in hard copy and original electronic format (for example: Excel. AutoCAD, PDF, Word, etc.). The Consultant shall provide one (1) original and seven (7) copies including one (1U electronic copy of the Plan. All work produced by the Consultant for this Project will become the property of the City, and it is expected that information pertinent to this Project will be shared freely with all City staff involved in the Project, and made available as a public record, upon request. ARTICLE A5 SCOPE OF SERVICESIWORK ORDERS The Consultant shall perform the specialty design work for the Project. The City of Miami`s (the "City') intention is to complete the project in accordance with the Scope of Services described in Request for Qualifications (RFQ) RFQ 16-17-049 and this Agreement. The Consultant shall provide comprehensive urban planning, design and landscape architectsural,engineering services for the City. and other related services as needed to complete the Project. Consultant shall provide professional services for the Project for which Consultant _''3AN DES GN AV: _;1^ ?E . CHITE:T'JRE EN+3,NEERING SERVICES 7:0P CD Wi 3 ,EN'1E P,OONERF 25 R,:\ 12.14 I- City of Miami, Florida RFC 16-17-04 was selected in accordance with Section 237.055 Florida Statutes, as amended. otherwise known as the Consultants' Competitive Negotiations Act (CCNA). The City may also require the Consultant to perform surveying (three-man and four -man crews). geotechnical investigations and testing, landscaping architecture, roadway lighting. traffic sirnaUzation, public involvement,, and related services necessary for the design and preparation of construction documents for the Project. Consultant shall provide design, construction documents. construction administration and related services necessary for the design, construction engineering and inspection services for the Project. A5.01 SCOPE OF SERVICES A5.01-1 The Consultant agrees to provide comprehensive Professional Services in accordance with a!I applicable laws, building and environmental regulations. including the Florida Building Code and the City of Miami. Florida, Code of Ordinances, and as set forth in this Agreement and further enumerated in a Work Order. Consultant may be required to perform a!I cr sore of the services presented in this Agreement, depending on the needs of the City far the Project. Consultant shall furnish. as Basic Services. comprehens've professional urban planning, design and landscape architectural,' engineering services for the Project. A5.01-2 The City vviil phase the Work required to complete the Project so that the Project is designed and constructed in the most logical, efficient. and cost effective manner. The Consultant shall be directed to proceed with each phase of the Project through the use of Work Order Proposals and Work Orders. A5.02 WORK ORDERS - Wen Department of Planning (Planning) has determined that a specific phase of the Project is to proceed, the D!rocter or aft; orized designee will request in writing a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others, if appropriate, may have preliminary meetings. if warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, ir.d.cating the proposed Scope of Services. time of performance. staffing, proposed fees. Seb consultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate recisions to the WW`rork. Order Proposal. Upon acceptance of a Work Order Proposal. Planning will prepare a Work Order that will be reviewed by Planning staff and the Director or designee. Upon approval, Planning will issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee. A5.03 PAYMENTS The City will pay the Consultant in accordance with provisions and limitations of Attachment B, Compensation and Payments. No payment will be made for the Consultant's time 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, NTP and/or Purchase Order. ARTICLE A6 OVERVIEW OF PROJECT SERVICES Schematic Design. Design Development. Construction Documents. Permitting. Bidding and Construction Administration Phases are not a part of this Scope of Services. The City is reserving the right to apportion award to the Consultant for these Services. after the approval of all stakeholders. and authorization of the Master Plan. If the City excercises the right to award these Services, the cost for the Services will be negotiated. Upon successful negotiations. Consultant agrees to provide complete civil engineering services as set forth in the tasks URBAN DES;3N AND LANDSCAPE ARCH:T_CTJPE EN(7'NEER:NG SER'/ICES FOR `PrYNWOOD NW 3- AIENUE "fiOONERF 29 Ro12.14.1- City of Miami, Florida RFC) 16-17-049 enumerated hereinafter in accordance Muith the Florida Building Code. latest edition. all federal. state, County and City of P,' _-•--i. Florida. Laws, Codes and Ordinances. Consultant shall maintain an adequate. staff of qu=' `_,1 personnel on the Work at all times to ensure its performance as specified in this Agreement. Consultant shaft submit one (1) electronic set of all documents and seven (7) copies of documents required under Article A2, without additional charge, for review and approval by the City. Consultant shall not proceed with the next task of the Work until the documents have been approved, in writing. by City, and an Authorization to Proceed with the next task has been issued by City. Consultant is solely responsible for the technical accuracy and quality of their Work, Consultant shall perform all Work in compliance with Florida Administrative Code Rule 61G15-19.001(4) and Section 471.033E 1) (g) of the Florida Statutes. Consultant shall perform due diligence, in accordance v.ith best industry practices, in gathering information and inspecting a Project site pr`or to the commencement of design, Consultant shall be responsible for the professional quality, technical accuracy and coordination of all design" drawings. specification, and other Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation. correct or revise any errors, omissions, and'or deficiencies in its designs. drawings, specifications or other Services. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work. demolition of existing work, rework. etc„ resulting from any errors, omissions, and:or deficiencies in its designs. drawings, specifications or other Services. A6,01 DEVELOPMENT -OF OBJECTIVES A5.01-1 Consultant shall confer with representatives of City, the Project Manager, and other jursdictional agencies to develop several options for how the various elements of t~re project will be designed and constructed. A5.01-2 Consultant shall, utilizing a compilation of available documentation, confer with represertati"ies of City. the Project Manager, and other jurisdictional agencies in order to con^prehensively identify aspects of the completed Project that may require further refinement to attain the requisite detail of design development required to begin the creation of Construction Documents. For clarity of scope, the items that need further development will be called Conceptuals and the remaining items will be called Designs. AS.01-3 Consultant shall prepare written descriptions of the various options and shall pa~t:cipate in presentations to multiple groups explaining alternative options. Sufficient detail shall be provided to support the presentation materials. A2,02 SCHEMATIC DESIGN (IF AWARDED) A2.02-1 DESIGN CONCEPT AND SCHEMATICS REPORT: Consultant shall prepare and present, in writing and at an oral presentation if requested, for approval by City, a Design Concept and Schematics Report, comprising Schematic Design Studies, including an identification of any special requirements affecting the Project. a Statement of Probable Construction Cost, Project Development Schedule and review of Constructability Review reports. 1. Sohereatc Design Studies consist of site plan(s), floor plans (where applicable). e'eva :ions. sections. and a!I other elements required by City or Project Manager to show the scale and relationship of the components and design concepts of the whole. The floor plans may be single -line diagrams. A simple perspective rendering or sketch, model or photograph thereof may be provided to further show the design concept `+ DESI'3N \NC LANDSCAPE ARCHITECTURE ENGINEERING SER'/IDES FCR C JC N•' 3 A iENUE WOONER.F 30 Rsk 12.14.1 City of Miami, Florida RFQ 16-17-049 2. A Statement of Probable Construction Cost. prepared in Construction Standard Index (CSI) format, to include a summary of the estimated Project cost and an evaluation of funding allocation. Such summary shall be in sufficient detail to identify the costs of each element and include a breakdown of the fees. general conditions and construction contingency. Such evaluation shall comprise a brief description of the basis for estimated costs per each element and similar Project unit costs. Costs shall be adjusted to the projected bid date. Recommendations for reducing the scope of the Project in order to bring the estimated costs within allocated funds, in the event that the statement of Probable Construction Costs exceeds allocated funds, Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. Any 'Statement of Probable Construction Costs' prepared by Consultant represents a reasonable estimate of cost in Consultant's best judgment as a professional familiar with the local construction industry. 3. Tne Project Development Schedule shall show the proposed completion date of each task cf the Project through design, bidding, and post design services. 4. Constructabdity Re rie°w reports shall be conducted by the City and,'or the Consultant at design stages deemed necessary by the Project Manager. Consultant shall provide five additional deliverable plan sets for distribution, by City, to others for this purpose. There shall be an established deadline for review report submission back to the City. Consultant shalt provide written responses to all comments within two weeks and shall maintain files of all related review reports and response reports. If necessary, City may cTo,rdinate Constructability Review meetings with some or all of the reviewers with _ _.'`. resent to d:sc-:ss specific issues. In addition to the Constructability Review Frc, e;shhefnt:oned abcnie. City reserves the right to conduct a Peer Review of the Pr:jet documents at any design stage. Cost of such a Peer Review would be borne by Gity. Any findings as a result of said Peer Review would be addressed by Consultant, and if requested by City, would be incorporated into the design documents, at no additional cost to City and no extension of time to the schedule. A2.03 DESIGN DEVELOPMENT (IF AWARDED) From the appr ,e7! Scher -laic Design documents. Consultant shall prepare and present in `,writing, and at ,ore U r s ^:at;ans. if requested, for approval by City. separate Design Development Documents. upd..:L d Project Development Schedules, updated Statements of Probable Construction Costs and a review of ConstructaNity Review reports. 1 The Design Development Documents shall consist of drawings (site plans. floor plans, elevations, and sections), outline specifications, and other documents. 2. Design Development consists of continued development and expansion of architectural and,or civil Schematic Design Documents to establish the final scope, relationships. forms. size, and appearance of each element through: 2.1 Plan sections and elevations 2,2 Typical construction details 2.3 Final materials selection 2.4 Construction phasing plan 3 The updated Development Schedules shall show the proposed completion dates of each milestone of the Project through design, bidding, construction and proposed date of occupancy. Consultant will also detail all long lead procurement items and architecturally significant equipment that will need to be purchased prior to the cornpietiion of Construction Documents. E;,.iti a`,E CS. APE A. CNGTE;7URE ENGNEERING SER`i'CES FOR 3 a IEwuE'i`,C)ONERF 31 R4 12141- City of Miami. Florida RFQ 16-17-049 4. Provide updated Statements of Probable Construction Cost. If either statement of Probable Construction Cost exceeds allocated funds, Consultant shall prepare recommendations for reducing the scope of that particular Project in order to bring the estimated costs within allocated funds. Consultant shall update its documentation, at no additional cost to the City. to reflect this reduced scope. 5. Constructability Review reports. 6. Prepare a summary report and,or Design Development drawings or sketches showing the foundations and the framing of the proposed Primary Structural System, including materials. gross sizes and critical details. These documents may become partially completed working drawings. 7. Review the init:ai results of any special studies required which are established during the Schematic Design Phase and determine their effects on the Structural System. 8. Review any geotechnical report for structural concerns and for the recommended foundation system. 9. Establish drawing and drafting standards for the Project with the client and design team. such as grid lines, match lines, scale and sheet size. 10. Assist the client and design team in preparing a preliminary opinion of costs and an outline of specifications. A2.04 CONSTRUCTION DOCUMENTS (IF AWARDED) Frorm the approved Gust,; Development Documents, Consultant shall prepare for written a pr; vat by City-, Final Construction Documents setting forth all design Cravings and speoiricat:crs needed to comprise a fully biddable, permittable, constructble Project. Consultant sha!I produce 30'',, 6 90''o and Final Construction Documents for review and approval by City, which shall include the following: 1. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included in the 30%, 60'','0, 90% and Final review shall be noted. Consultant shall attach an index of all anticipated drawing sheets necessary to fully define the Project. 2. The updated Project Development Schedule to include an outline of major construction milestone activities and the recommended construction duration period in calendar days. 3. An updated Statement of Probable Construction Cost in CSI format. 4. Consultant may also be authorized to include in the Construction Documents approved additive and.'or deductive alternate bid items, to permit City to award a Construction Contract within the limit of the budgeted amount. 5. A Project Specifications index and Project Manual with at least 30%, 60%, 90°n and Final of the Specifications completed. Documents submittal shall also include ail sections of Divisions "0" and "1'. 6. Perform an internal review and check the structural design and the structural Contract Documents including the interrelationship of the Primary Structural System with the designs prepared by other design disciplines. The prime design professional is responsible for overall coordination of the various engineering disciplines. 7. Assist, if required. in obtaining approval by appropriate review agencies. 8. Assist. if required, with manufacturer or supplier recommendations. LRa.AN E�`3N �'r _a',l a,R' �i'EN'�RE ENO NEER[NG SER`I!CES tiYNVIGOD NV/ 3'"- A EvUE P, 1‘1:6,ERF 32 R‘n. 12.14 t, City of Miami, Florida RFC) 16-17-049 9, Consultant shall include. and will be paid for, City -requested alternates outside of the established Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with alternates required by the failure of Consultant to design the Project within the Fixed Limit of Construction Cost. 10. Consultant shall not proceed with further construction document development until approval of the 30°0 documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The 30% Documents review (check) set shall be returned to City upon submission of 60% complete Construction Documents and Consultant shall provide an appropriate response to all review comments noted on these previously submitted documents. Of the seven (7) copes to be provided. the Consultant shall submit to the City four (4) full size copies of the draMngs and specifications. and one digital copy in .pdf format. A.2.04-1 MAXIMUM COST LIMIT: Prior to authorizing the Consultant to proceed with p.r2.._ neon of Construction Document Development. the City shall establish and _E __ate to the Consultant, a maximum sum for the cost of construction of the Project Cost Lin 't"). If the City has not advertised for bids within ninety (90) days after the Cans,., t s,_:br... _s the Final Design to the City, the estimate of the cost of construction shall be = c:, Consultant. Notwithstanding anything above to the contrary, the City a1 rs.;'_iIre the Cc nt to revise and modify Constr'uctlon--Doouments andd-assist in the re-'o o_, of the r', rk at no additional cost or fee to the City if all responsive and rescons.Ple rece,ve.d exceed ten (1 u°a) percent of the Maximum Cost Limit. A2.04-2 DRY RUN PERMITTING: The Consultant shall file and follow-up for approval of building permits at the earliest practicable time during the performance of the Work, for approval by City. County, State and;'or Federal authorities having jurisdiction over the Project by law or contract with the City, and shall assist in obtaining any such applicable certlfica'.;ons of permit approval by such authorities prior to approval by OCI of the final set and printing of the Construction Documents. The Consultant shall promptly, at any t,me during the performance of the Work hereunder, advise the City of any substantial increases in costs set forth in the Statement of Probable Construction Cost that, in the opinion of the Consultant, is caused by the requirement(s) of such. Upon completion of dry run permitting. Consultant shall provide as part of the seven (7) copies to be submitted. five (5) full size sealed copies of the drawings and specifications. Consultant shall also provide digital versions of the dra'rvings in .dwg, .plt, and .pdf formats. The specification additional terms and conditions shall be provided in both .pdf and .doc formats. A2,05 BIDDING AND AWARD OF CONTRACT (IF AWARDED) A2.05-1 BID DOCUMENTS APPROVALS AND PRINTING: Upon obtaining all necessary approvals of the Construction Documents from authorities having jurisdiction, and acceptance by the City of the 100% Construction Documents and latest Statement of Probable Construction Cost, the Consultant shall assist the City in obtaining bids and preparing and awarding the construction contract. The City, for bidding purposes, will have the bid documents printed. or at its own discretion. may authorize, such printing as a reimbursable service to the Consultant. FY ?Y C.ESi�.;N aN:C ! ?NDS.nA AP:Hi'e ;T _)PE ENrniNEER!N+o SER`r CEj FOE PPOY.'d000 NVJ 3- a iE\LE'PIOONERF 33 Rv� . 6'.14 I City of Miami, Florida RFQ 16-17-049 A2.05-2 ISSUANCE OF BID DOCUMENTS. ADDENDA AND BID OPENING: 1, The City sna:: issue the Bid Documents to prospective bidders and keep a complete List of Bidders. 2. The Consultant shall assist the City in the preparation of responses to questions if any are required during the bidding period. Ail addenda or clarifications, or responses shall be issued by the City. 3. The Consultant shall prepare revised plans, if any are required, for the City to issue to all prospective bidders. 4. The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The Consultant shall attend any and all pre -bid meetings) and require attendance of Sub consultants at such meetings. 5. The Consultant will be present at the bid opening. if requested by the City. A2.05-3 BID EVALUATION AND AWARD: The Consultant shall assist the City in evaluation of bids received to determine the responsiveness of bids and the preparation of documents for Award of a contract. If the lowest responsive Base Bid received exceeds the Total Allocated Funds for Construction, the City may: 1. Approve an increase in the Project cost and award a Contract; 2. Reect ai! bids and re -bid the Project within a reasonable time with no change in the Project or additional compensation to the Consultant: 3, Direct the C rs_.!tent to revise the scope and,or quality of construction, and rebid the Project The C eeei'tent shall, without additional compensation, modify the Construction Docurr'n:E.: _ -T-sary to bring the Probable Construction Cost based on such ravis;cr.... eta: Authorized Construction Budget. The City may exercise such option, e.eeee : - Lee!, price exceeds 10% of the Fixed Construction Budget provided to the Cc.-s... 33 may be modified by the City and the Consultant prior to soliciting bids. 4. Suspend. cancel or abandon the Project. NOTE: Under item three (3), above, the Consultant shall, without additional compensation. modify the Construction Documents as necessary to bring the Probable Construction Cost within the budgeted amount. A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT (IF AWARDED) A2.06-1 The Construction Phase will begin with the issuance of the NTP to the chosen Contractor and will end when the Consultant has provided to the City all post construction documents, including Contractor As -Built drawings. Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City during the Construction Phase. sha;'I advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.06-3 The Consultant and respective Sub consultants shall visit the site to conduct field observations, at a minimum on a weekly basis, and at all key construction events to ascertain the progress of the Project. and shall visit the site as appropriate to conduct field PSAN CES N AND LANDSCAPE ARCHITECTURE ENGINEERING SERICES FCH 34 piYw,r:Doc •Nvi 3" A /ENIJE'WOONERF Rsn 12 14 1 City of Miami, Florida RFQ 16-17-049 inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or Sub consultants will not be required to make extensive inspections or provide continuous daily on -site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing and distributing minutes of all meetings and field inspections report from al! meetings it is asked to attend. Consultant and Sub consultants will not be held responsible for construction means, methods, techniques. sequences, or procedures, or for safety precautions and programs in connection with the iVor:k. The Consultant will not be held responsible for the Contractor's or Subcontractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 The Consultant shall furnish the City with a written report of al! observations of the V/cr:k made by Consultant and require all Sub consultants to do same during each visit to the Project. The Consultant shad also note the general status and progress of the Work on forms furnished Y ,the C'..y. The Consultant shall submit the reports in a timely manner. The Consultant an_; consultants shall ascertain that the Work is acceptable to the City. Consultant s„. a.3el3t the City in ensuring that the Contractor is making timely, aecer ete. and Cr, 7 n cnc• e: Jns on the "as -built" drawings. Copies of the field reports sha l e a_:achec -e monthly Professional Services payment request for construction administ,ret,on see, ices Tree Consultant's failure to provide written reports of all site visits or minutes of rreeengs sha'.I result in the rejection of payment requests and may result in a proport cna': r d.action in Construction Administration fees paid to the Consultant. A2.05-5 Based on obser>ations at the site and consultation with the City. the Consultant shall determine the amount due to the Contractor based on the pay for performance milestones and shalt recommend approval of such amounts as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract and the Contractor is entitled to the amount stated on the requisition subject to: 1. a detailed evaluation of the Work for conformance with the contract upon substantial completion: 2. the results of any subsequent tests required by the contract; 3. minor deviations from the. contract correctable prior to completion; and 4. any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommend ng payment to the Contractor, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment. Certificate, the Consultant shall not be deemed to represent that the Consultant has made any Rga�t CE;;;N AND l ,A.NCS 1:AR -1,=,CHTE T.;RE ENGINEERING SERVICES FOR lLYNV4OOC V/ 3'- AIENiLE'PiOONERF 35 City of Miami, Florida RFQ 16-17-049 examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the Contractor, and shall render written decisions, within a maximum of ten (10) calendar days. on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work which does not conform to the Contract Documents. Whenever, in their reasonable opinion, the Consultant considers it necessary or advisabie to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has teen fabricated and'or delivered to the Project. or installed and completed. A2,06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the construction documents shall not be authorized without concurrence of the City's Project Manager and,'or Director of OCI. The Consultant shall have a maximum cf ten (10) calendar days from receipt of shop drawings. samples. RFI's or other submittals by the Contractor, to return the shop drawings ar submittals to the Contractor with cornr^ents ind;oat ng either approval or disapproval. Consultant shall provide the Contractor with, a detailed v,rtten explanation as to the basis for rejection. Consultant shall have five (5) calendar drays to review contractor payment applications to ensure the City complies with Florida Statute Section 218.70. A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultant's own observations or as requested by the City. and shall reviedv and recommend action on proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, their recommendation or proposed action along with an analysis and ar study supporting such recommendation. A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion' after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall, in conjunction with representatives of the City and the Contractor, prepare a punch -list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Florida Statute 218.735, Upon satisfactory completion of the punch -list, the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor, upon satisfactory completion of all items on the punch - list, all necessary close-out documentation from the Contractor including but not limited to all guarantees, warranties, operating and maintenance manuals for equipment, releases of liens claims and such other documents and certificates as may be required by applicable codes, laws, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor. AN _-.Ni _ .a. E AP'� ;T=CTJP,E ENC1NEERiNG SERVICES FOR NY:d 3 A 1EN'L.E `!'iCCNERF 36 1Z,n 11.14.I- City of Miami, Florida RFQ 16-17-040 A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with its contract relative to: 1) initial instruction of City's personnel in the operation and maintenance of any equipment or system: 2) initial start-up and testing. adjusting and balancing of equipment and systems; and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City. A2.46-12 The Consultant shall review the Contractor's "as built- drawings and submit them to the City upon approval by the Consultant. The Contractor is responsible for preparing the as built' drawings. A2.06-13 The Consultant shall furnish to the City the original documents, including drawings. revised to "as -built" conditions based on information furnished by the Contractor; suriey. and specific conditions. In preparing the `Record Set" documents, the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certification required under this Agreement including the contents of as -built' documents is conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by "Change Authorization''. ''Change Order". "Request for information', substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "Record Set" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience, shail be market! by the Contractor on the "Field Record Set" and transferred to the original nor`ract docb Yents by the Consultant. The original documents, as well as the "Record shall be = the r _ perty of the City. A reproducible set of all other final documents e. City free of charge by the Consultant. The Consultant shall furnish to the C ;, , e c_ "; rite set of "Record Set Drawings", in Auto CADD (computer -aided design and drafting) Version 2000 or such other format acceptable to the City. A2.06-14 The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as -built" conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings shall be furnished on 24'" x 36" sheets and one electronic copy. A2.06-15 The Consultant shall assist the City in the completion of the Contractors performance evaluation during construction work and upon final completion of the Project. A2,07 TIME FRAMES FOR COMPLETION (1F AWARDED) The following time frames are sequential from the date of the NTP. A concurrent project timeline is attached as Schedule A5. Development of Objectives Schematic Design Design Development 3O°0 Construction Documents 60°:a Construction Documents 903o Construction Documents Dry — Run Permitting Final Construction Documents Bidding and award of Construction Contract Construction Contract Administration UFE\N 'DES ON AND LANDSCAPE AR': NE`ECT'UP.E ENGINEERING SERVICES ,TP ,LYN4'1OOD N',`, 3" A,,ENIJE',h,GONERF TBD during TBD during TBD during TBD during TBD during TBD during TBD during Negotiatons Negotiations Negotiations Negotiations Negotiations Negotiations Negotiations TBD during Negotiations TBD during Negotiations TBD during Negotiations 37 IZe.. is 14.1- City of Miami, Florida RFQ 16-17-049 AFTI LE A3 ADDITIONAL SERVICES A3.01 GENERAL Seri ces categcriz=� eelow as Additional Services" may be specified and authorized by City and are normally con> -iered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and wil! be compensated for as provided in Attachment 8, Article B3,05, Fees for Additional Services. A3.02 EXAMPLES Except as may be specified in Attachment A, Schedule A-1, Sub consultants/Subcontractors herein, Additional Services may include, but are not limited to the following: A3.02-1 APPRAISALS: Investigation and creation of detailed appraisals and valuations of existing fa 1ilit,es and sunve js or inventories in connection with construction performed by City. A3.02-2 SPECIALTY DESIGN: Any ad:'itiona! s -:ia: professional services not included in the Scope of Work. A3.02-3 PRE -DESIGN SURVEYS AND TESTING: Environmental investigations, site eva'uatiors. or compar aave studies of prospective sites. Surveys of the existing structure reqLired to complete as -built documentation are not add:t cn ' services. A3.02-4 EXTENDED TESTING AND TRAINING: Exteaeed assistance beyond that prea,ided under Basic Services for the initial start-up. yes'. ng, adjusting and balancing of a^y, eq_iicnnent er system: extended training of City s personnel in operation and maintenance of equipment and systems. and consultation during such training: and preparation of operating and maintenance manuals. other than those provided by the Contractor, subcontractor, or equipment manufacturer. A3.02-5 MAJOR REVISIONS- h,taking major revisions to drawings and specifications _ _ _ ` ng in or from a change in Scope of Work, when such revisions are inconsistent with ,,,,r. - = n approvals cr instructions previously given by City and are due to causes beyond of Consultant. (Major revisions are defined as these changing the Scope of «r� arrangement of spaces and'or scheme and;'or any significant portion thereof). A3.02-6 EXPERT WITNESS. Preparing to serve or serving as an expert witness in connection with any mediation, arbitration or legal proceeding. providing. however, that Consultant cannot testify against City in any proceeding during the course of this Agreement. A3.02-7 MISCELLANEOUS: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architecture' engineering practice related to construction. A3.03 ADDITIONAL DESIGN The City may. at its option, elect to proceed with additional services relating to the Project. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the City in addition to the Basic and Additional Services and consist of actual. direct expenditures made by the Consultant and the Sub consultant for the purposes listed below. Transportation. travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. _a`,L rHITE ;T''�P.E EN'S!NEER!NG SERVICES RCP, J,CL: 1i,', 3' A`ti Cr NER; 33 City of Miami. Florida RFQ 16-17-049 A4.01-1 COMMUNICATIONS EXPENSES: Identifiable communication expenses approved by the Project Manager, long distance telephone. courier and express mail between the Consultants various permanent offices and Sub consultants. The Consultants field office at the Project site is not considered a permanent office, Cell phones will not be considered as reimbursable expenses under this Agreement. A4.01-2 REPRODUCTION. PHOTOGRAPHY: Cost of printing, reproduction or photography. beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. A4.01-3 GEOTECHNICAL INVESTIGATION: Identifiable Soil Borings and Reports and testing costs approved by the Project Manager. A4.01-4 PERMIT FEES. All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the Consultant. A4.01-5 SURVEYS Site surVejs and special purpose surveys when pre -authorized by the Project Manager. A4.01-6 OTHER: Items not indicated in Article A4, Reimbursable Expenses, when authorizer' by the Project Manager. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations cf this Agreement as verified by supporting documentation deemed appropr'nate by Director or the'r designee including. v,ithout limitation, detailed bills, itemized invoices andder cooler of cancelled checks. A4.02 SUB CONSULTANT REIMBURSEMENTS Reimbursable Sub consultant expenses are limited to the items described above when the Sub consultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in wrung. by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION City, at its expense and insofar as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 SURVEYS: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries. and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and,'or electrical services. A5.01-2 SOIL BORINGS. GEOTECHNICAL TESTING: Soil borings ar test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to City. A5,01-3 GENERAL PROJECT INFORMATION; Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program pursuant to Article A2.02, Schematic Design. urEA\ DFS;;N ANC LANDSCAPE .A.RCH1T- , ;pc ENGINEERING SER','OES �'UR Virg;^,GODN'J', 3` A,ENIJEVMCONEPF 39 Rek.. 12.14.1- City of Miami, Florida RFQ 16-17-049 A5.01-4 EXISTING DRAWINGS: Drawings representing as -built conditions at the time of original construction, subject to as -built availability. However, such drawings. if provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field investigations as necessary in accordance with Article A2.01, Development of Objectives, to obtain sufficient information to perform its services. Investigative services in excess of itemized requirements, "Normal Requirements," must be authorized in advance. A5.01-5 RELIABILITY: The services, information, surveys and reports described in Articles A5,01-1 through A5.01-4 above, shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. A5.02 CONSTRUCTION MANAGEMENT A5.02-1 During construction, Consultant and the Project Manager shall assume the responsibilities described in the general conditions and supplementary conditions of the construction contract relating to review and approval of the construction work by the Contractor, A5.02-2 If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other nonconformance with the contract during construction, City shall give prompt notice thereof to Consultant. UP.RAN OES ESN AND LANDSCAPE ARCHITECTURE ENGINEERING SERVICES =CP 'riYNWOOD vW 3"' AVENUE WOONERF 40 R2%. 12 14.1' City of Miami. Florida RFQ 16-17-049 ATTACHMENT A - SCOPE OF WORK SCHEDULE Al - SUB CONSULTANTS/SUBCONTRACTORS FIRM NAME Ardan;an & Associates CONSULTING FIELD Geotechnical Engineering The Street Plan Collaborative Design Architect and Traffic Engineer Biscayne Engineering Company Surveying and Mapping Services Coastal Systems International, Inc. Civil and Coastal Engineering E-Sciences Environmental Specialist Lisa H. Hammer RCA ISA Certified Arborist Sustainable Miami, Inc, Community Outreach;Public Relations Specialist Nina Johnson -Milewski Art Specialist SCHEDULE A2 - KEY STAFF STAFF MEMBER NAME JOB CLASSIFICATION Jennifer Bolstad Project Manager, Lead Design Landscape Architect Walter Meyer Urban Designer Andres Perez Civil Engineer Justin Freedman Environmental Specialist Evelio Norte Geotechnical Engineering Sam Goater Traffic Engineering Mike Bartholomew Surveying and Mapping Anthony Garcia Design Architect Lisa Hammer ISA Arborist Maggie Fernendez Community Outreach/Public Relations Nina Johnson Art Specialist I RBA,`J DES 3N ANE LANCS."APE ARCHITECTURE ENGINEERING SER'r'CES WYNVIOOC N4'r 3- A EV-1E tiOONERF 41 Reti. 12.14.1- ATTACHMENT B - COMPENSATION AND PAYMENTS ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum as defined in Article 83.01, Lump Sum. b) An Hourly Rate as defined in Article B3.02, Hourly Rates, and at the rates set forth pursuant to the same. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.04-1, Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. 81.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director. The averages cf said certified Wage Rates are summarized in Attachment B, Schedule B1 - Wage Rates Summary, incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and Sub consultant employees in the specified professions and job categories that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. 82.02 EMPLOYEES AND JOB CLASSIFICATIONS Attachment B, Schedule B1 - Wage Rates Summary identifies the professions. job categories and,'or employees expected to be used during the term of this Agreement. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a maximum multiplier of 2.9 for home office and 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead. including without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, URBAN DESH3N AND LANDSCAPE ARCHITECTURE ENGINEERING SER+rICES FOR 'r`iYN4',COD A /ENUE ViOCNERF 42 Etc\ . 1 2. 14 1, ATTACHMENT B - COMPENSATION AND PAYMENTS subscriptions. stenographic, administrative and clerical support, ether employee time or travel and subsistence not directly related to a project. B2.04 CALCULATION Said Wage P,_I:es are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff and projected man-hours required for the proper completion of tasks and,"or groups of tasks, milestones and deliverables identified under the Scope of Work as exemplified in Attachment A, Schedule A2 - Key Staff. B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier. cover all the Consultant costs including. without limitation, employee fringe benefits (e.g., sick leave. vacation, holiday, unemployment taxes. retirement. medical, insurance and unemployment benefits) and an overhead factor. Failure to comply with this section shall be cause for cancellation of this Agreement. B2.06 ESCALATION There shall be no escalation clause as part of this Agreement. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agree 3 t..7 pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the City and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B3.01-1 LUMP SUM. Shall be the total amount of compensation where all aspects of Work are clearly 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, 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 legislation or ordinance. B3.01-3 Lump Sum compensation shall be calculated by Consultant, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require Consultant, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees shall be those rates for Consultant and Sub consultant employees identified in Attachment B, Schedule B1 - Wage Rates Summary. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents The City shall have no liability for any fee, cost or expense above this figure B3,02-2 CONDITIONS FOR USE: Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine. define. quantify and,or calculate the complete nature. and'or aspects, tasks, man-hours, or milestones for a particular Project or portion thereof at the time of Work Order issuance. Hourly Rate '.,RBAN BESI3N AND LANDSCAPE ARCHITv2TiLjRE ENGINEERING SER'/ICES OR r4YNI.'i DOC NV! 3- A iENuE vrOONERF 43 R:. 12 1-1 1- ATTACHMENT S _ COMPENSATION AND PAYMENTS Fees may be utilized for Additional Work that is similarly indeterminate. In such cases. the City will establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling. office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues. subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing. stenographic, clerical. or other employees time or travel and subsistence nct directly related to a project. Al! reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in ex:ess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or their designee including, without limitation, detailed bills, itemized invoices and,br copies of cancelled checks. B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope for a Project as a' t;herized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. 63.05 FEES FOR ADDITIONAL/MISCELLANEOUS SERVICES The Consultant may be aether:zed to perform Additional Services for which additional compensation and. or Reimbursable Expenses. as defined in this Agreement under Articles A4 and B3.g.3 respectively, may be applicable. The Consultant shall utilize the Work Order Proposal Form and worksheets which can be found on the City s Webpage at htto;'',m;,w.m.amictov.com.`CITP forms html. The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the prccedures will result in the rejection of the Work Order Proposal. B3.05-I DETERMINATIONOF FEE: The compensation for such services will be one of the methods describes herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.05-2 PROCEDURE AND COMPLIANCE: An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations. including the Purchasing Ordinance. the Consultants' Competitive Negotiation Act. and other applicable laws. B3.05-6 FEE LIMITATIONS: Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications. mailing, stenographic. clerical. or other employees time or travel and subsistence not directly related to the Project. For all 44 R..'+ I'.I- I" 'jR?A,N OES1'aN AND L.ANDS:APE ARCHIVE TJP,E ENG+NEERING SERVICES FOR 'fir NI4`)00D NYI 3'' A';ENLE'rVOONERF ATTACHMENT B — COMPENSATION AND PAYMENTS reimbursable services and Sub consultant costs, the Consultant will apply the multiplier of one (1.0) times the amount expended by the Consultant. 133.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and.or modifications to drawings and specifications. for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant. as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable. and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months. the Consultants further compensation shall be sabject to renegotiations. ARTICLE B4. PAYMENTS TO THE CONSULTANT 64.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Sub consultant fees and Reimbursable Expenses shall be billed to the City in tee actual amount paid by the Consultant. The Consultant shall utilize the City s Invoice Form which can be found en the OCI website at httee 7 CITP Tcfms html. Failure to submit invoice(s) within 60 days following the provision of Seeeces contained in such invoice rray be cause for a finding of default. Failure to use the City Form w ll result in rejection of the invoice. 6-1.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated. said payments shell, in the aggregate, not exceed the percentage of the estimated total Basic Compensator. indicated below for each Phase. B.4.03 BILLING — HOURLY RATE Invoices submitted by the Consultant shall be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis. the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification. salary rate per hour, hours worked and total charge for all personnel directly engaged on the Project or task. To the sum thus obtained, any authorized Reimbursable Services Cost nay be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by the Sub consultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B-3.04 PAYMENT FOR ADDITIONAL/MISCELLANEOUS SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour. hours worked and total charge for all personnel directly engaged on the Project or task. To the sum thus obtained. any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Sub consultants engaged on the Project or task. _ 1` = SCARE ARCHI'ECTURE ENGINEERING SER'r10ES FCR ti'.'. s =:',. 3 H. NNE hGONERF 45 R:E L 14 i— ATTACHMENT B - COMPENSATION AND PAYMENTS In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.05 DEDUCTIONS No deductions shall be made from the Consultants compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTICLE B5 REIMBURSABLE EXPENSES B5,01 GENERAL Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of Work as identified in the 4Vork Order (as Basic Services and,'or Additional Services) and consist of actual expenditures made by the Consultant and the Consultants employees. the Sub consultants. and the Specialty Sub consultants in the interest of the Work for the purposes identified below: E5.01-1 TRANSPORTATION: Transportation shall not be considered as reimbursable expenses under this Agreement. B5.01-2 TRAVEL AND PER DIEM: Travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. 85.01-3 COMMUNICATION EXPENSES: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail betNeen Consultant and Sub consultants. B5,01-4 REPRODUCTION, PHOTOGRAPHY: Cost of printing, reproduction or photography, beyond tnat which is required by or of the Consultant to deliver services set forth in this Agreement. All reimbursable expenses crust be accompanied by satisfactory documentation. B5.01-5 PERMIT FEES: Ali Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the construction Contractor. B5.01-6 SURVEYS: Site surreys and special purpose surveys when pre -authorized by the Project Manager. B5.02 REIMBURSEMENTS TO THE SUB CONSULTANTS Reimbursable Sub consultants expenses are limited to the items described above when the Sub consultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article B5. Reimbursable Expenses. herein. ARTICLE 136 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B6.01 GENERAL It is understood that all Consultant agreements and,'or work Orders for new work will include the provision for the re -use of plans and specifications. including construction drawings. at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation. fees or documents being required and without recourse for such re -use. JRBAN DES;ON AND LANDSCAPE ARCHITECTURE ENGINEERING SER'.i'CES FOR 1 VN4'r3OD NW 3" A',ENL;E P rOCNERF 45 R. 1',I4!" ATTACHMENT 6 - COMPENSATION AND PAYMENTS ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B1 - WAGE RATES SUMMARY STAFF M EN13ER NAME JOB CLASSIFICATION Jennifer Bolstad Project Manager/Lead Design Landscape Architect NEGOTIATED HOURLY RATE $69.17 ADJUSTED NOT TO EXCEED HOURLY RATE (Multiplier Applied) S200.59 Walter Meyer Andres Perez Justin Freedman Sam Goater ' Anthony Garcia Lisa Hammer Maggie Fernendez Urban Designer Civil Engineer Environmental Specialist Traffic Engineering Design Architect ISA Arborist Community Outreach/Public Relations $69.20 $52.00 $48.40 S47.66 $71.54 $60.34 $43.10 $200,68 $150,80 $140.36 $133.21 S207.47 S 174.99 $124.99 Nina Johnson Kathryn Dionne Art Specialist Landscape and Urban Design Project Manager S36.21 S40.08 $250.01 $116.23 Andrew LaS ella Yishan Zhang lv,legan Doran TBD TBD Evelio Horta TBD • Mike Lydon Dan Wall Irene Balza ' Senior Landscape Architect Landscape'Urban Designer Studio Assistant Staff Engineer (Ardaman) Project Engineer (Ardaman) Principal (Ardaman) Clerical (Ardaman) Principal (Street Plan) Project Manager (Street Plan) Project Planner (Street Plan) S60.27 S40.08 $29.31 $27.00 S39.00 S68.00 $45.00 $71.54 $40.11 S174.78 1 $116.231 $35.00 S78.30 $113.10' $197.20 S130.50 $207.47 $116.32 $116.32 John Gonzalez Project Planner (Street Plan) j $25.00 $72.50 Charlie Simpson Designer (Street Plan) $25.00 $72.50 Mike Bartholomew ! Principal (BEC) j $62.07 $180.00 TBD Professional Land Surveyor $65.17 $189.00 TBD Project Manager (BEC) S44.83 $130.01 TBD I Field Supervisor (BEC) $30.86 $89.50 TBD I Three Man Crew (BEC) $48.28 $140.01 TBD CTL ll (SEC) $27.21 $78.91 TBD J ULM (BEC) I $41.50 • $120.35 CrAsts RPnt.nrnurt ' Civil Encineer (CSll S57 nn S150.80 Lester Sanchez Joaquin del Rio Carl Reyes Miranda Alessandra Salvo Liliane Smatt Civil Designer (CSI) Civil Designer (CSI) Civil Designer (CSI) Administration (CSI) Project Manager (CSI) $21.00 S21,00 S21.00 $13.00 $52.00 $60.90 S60.90 $60.90 S37.00 $150.80 LRBAN GE3 LANCSOAPE ARCHITEENGINEER'NG SER',ICES P'OR hYN',';OOD V°.'', 3 A iENLE P,OONERF 47 R. 12.1-1 I- ATTACHMENT B - COMPENSATION AND PAYMENTS Patrick Shearer ' Nadia Locke Project Manager (E-Sciences) Senior Engineer(E-Sciences) $36.10 $52.25 $104.69 S151.53 Brian Voeiker Jennifer Sa iaro Stephanie Nevadunsky Sarah Ranney TBD ISA Certified Arborist (E-Sciences) Scientist (E-Sciences) $35.76 S25.08 S 103.70 $72.73 Engineer (E-Sciences) CADD Technician (E-Sciences) Assistant Art Consultant 525.72 523.08 $32.76 $74.53 566.93 S103.70 UPEA"N 1ES N AND LANDSCAPE APCHI' EOTUPE ENGINEERING SER'i"CES FOR Pi'INY,CCD NV/ 3 • A iENUE NiDONERF 43 Ro 12I4I- ATTACHMENT B - COMPENSATION AND PAYMENTS ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 - NEGOTIATED PRICE PROPOSAL L,R3,AN DES' JN AND LANDSCAPE ARCHITECTURE ENGINEERING SER`i10ES FOR PfYNV/OOD NW 3 A,ENUE'PIOONERF 49 R.:%. 12.I-1 I' ATTACHMENT B — COMPENSATION AND PAYMENTS ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B3 - CONSULTANT INVOICE CITY OF MIAMI CAPTPAL IMPROVEMENTS & TRANSPORTATION PROGRAM CONSULTANT STANDARD INVOICE To: City Of Map -a CaR,ral ImRrC✓a_mee-ts & T'arsao'atcr' Progr rl 444 SW 2r•4 A.ertie - 3th F'OOr Mara FL33t3C ATT From: Py(�—_ F•eCaf? nvccs a'ccer'y-a avnlo aar'ont tsar Soo nil s,gnea arTrals Erich ,..),,st'ly 1 'he lriugralal Attacr soeroor ate aatn-ia sac,unerrs'n each n olce Invvace Numhcr: Invoice Date: Mc, h 70 DC 00 Page: Inrumce Perroj: F,om' Contract No.: Contract Title; Praje,t No.. Project Name' Purchase Order No Work Order No:. To', M,elh a, ] oe. SI_RVICE CONTRACT AMOUNT ALCOMPLETE TOTAL EARNED TO DATE PREVIOUSLY iNVOIC ED CURRENT INVO€CE AMOUNT Poor to this Invoice Romer TOTAL. 5 nq Contract Balance: S Subtotal: S Deductrons• Total Due _ 5 TD 3E CCMPLETEO S'r CONSULTANT FIR 'A CERT:FLO TRUE ANfi .crr.;T av SLPSaRrING Oat I.MF.N`S :-oe -a L'Sr 00 NOT COMPLETE. TO BE COMPLETED 8Y CITY OF MIAMI CITY OF MIAMI APPROVAL.- DATE S1GNATnFE. F3O.E MANAGES J ^_F 3E3et:N Hector Bodla L Jeo iarmy Rodngl e:. P E CURE .:'OR i.a-awen'cr Bhiget E e,ermer'[ URBAN DESIISN AND LAN:SC:APE A.P.'OHI`=CTURE ENGINEERING SERVICES FOR J^,s7'N',':DOD NW 3' AvENLE'PrOCNERF 50