HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Nzeribe Ihekwaba, h. D, P.E.
Assistant City Ma- ager/Chief of Infrastructure
FROM:
Steven C. William
Director
Office of Capital Improvements
DATE:
SUBJECT T :
REFERENCES
ENCLOSURES:
March 6, 2019
FILE :
Capacity Increase to the
Miscellaneous
Landscape Architectural Services
RFQ 14-15-036
By this memorandum, the Office of Capital Improvements ("OCI") is requesting to modify the
Professional Services Agreement ("PSA") with Kimley-Horn & Associates, Inc., Chen Moore
and Associates, Inc., AECOM Technical Services, Inc., and Miller, Legg & Associates, Inc.
(hereafter "Consultants"), authorized pursuant to Request for Qualifications RFQ 14-15-036 for
the provision of Miscellaneous Landscape Architectural Services, to increase the contract
capacities of said PSAs by $500,000.00 for each firm, for a total contract capacity of
$1,000,000.00, respectively.
Background
On May 6, 2016, OCI entered into a professional services agreement with the Consultants for
needed landscape architectural services for City of Miami's horizontal projects. The
Agreements were approved through action of the City Manager in accordance with Section
287.055, Florida Statutes for an amount not to exceed $500,000.00, respectively.
Article 2.05 of the General Conditions of the PSA, Compensation, limits the compensation
payable to the Consultants to an amount not to exceed $500,000, respectively, unless
approved by action of the City Commission and put into effect by a written amendment to the
PSA executed by all parties. The Agreement further stipulated that no new work orders can
be issued to the Consultants that would result in the existing approved compensation limits to
be exceeded.
The Consultants are actively rendering professional consulting services on various City
horizontal projects for complete planning and design services, permitting, construction
documents, and during and post -construction design management services. Presently, there
are over 100 active horizontal capital projects being managed by OCI which vary in size and
complexity. Many of the consulting firms that render professional consulting services to the
City for Environmental Engineering, Construction Engineering Inspection, and Surveying and
Mapping require the prime consultant to be one of the civil engineering consulting firms.
Additionally, OCI is receiving requests for new capital projects quarterly for review and
recommendation for approval by the Construction Synchronization Review Panel.
Furthermore, OCI has commenced the implementation phase for the projects approved by City
Commission under Tranche 1 of the Miami Forever Bond. These new projects will require the
utilization of these civil engineering firms.
To fulfill the funding needs for the current and future projects, additional funding to increase
the capacities of the Agreements with all of the Consultants authorized pursuant to RFQ 14-
March 4, 2019
Capacity Increase to the Miscellaneous Landscape Architectural Services
Page I 2
15-036 is required. Therefore, OCI seeks to increase the contract capacities of said
Agreements currently under contract from the original $500,000.00 capacity to a new contract
capacity of $1,000,000.00 for each firm
N. Approve ❑ Denied
Nzeribe I ekwaba, Ph. D, P.E. Da e
CC: Sandra Bridgeman, Assistant City Manager
Annie Perez, CPPO, Director, Procurement
Fernando Ponassi Boutureira, MA Arch., MA PPA, Assistant Director, Procurement
Hector Badia, Assistant Director, OCI
Christopher Bennett, Assistant Director, OCI
PROFESSIONAL SERVICES AGREEMENT
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS AND
TRANSPORTATION PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category
Contract Type
Consultant
Miscellaneous Landscape Architectural Services
Continuing Services for Miscellaneous Projects
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS 4
ARTICLE 2 GENERAL CONDITIONS 6
2.01 TERM 6
2.02 OPTIONS TO EXTEND: 6
2.03 SCOPE OF SERVICES 6
2.04 COMMUNITY BUSINESS ENTERPRISE ("CBE") PARTICIPATION 6
2.05 COMPENSATION 6
ARTICLE 3 PERFORMANCE 7
3.01 PERFORMANCE AND DELEGATION 7
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7
3.03 CONSULTANT KEY STAFF 7
3.04 TIME FOR PERFORMANCE 7
3.05 STANDARD OF CARE 7
ARTICLE 4 SUB -CONSULTANTS 7
4.01 GENERAL 7
4.02 SUB -CONSULTANT RELATIONSHIPS 8
4.03 CHANGES TO SUB -CONSULTANTS 8
ARTICLE 5 DEFAULT 8
5.01 GENERAL 8
5.02 CONDITIONS OF DEFAULT 8
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 8
ARTICLE 6 TERMINATION OF AGREEMENT 9
6.01 CITY'S RIGHT TO TERMINATE 9
6.02 CONSULTANT'S RIGHT TO TERMINATE 9
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 9
ARTICLE 7 DOCUMENTS AND RECORDS 9
7.01 OWNERSHIP OF DOCUMENTS' 9
7.02 DELIVERY UPON REQUEST OR CANCELLATION 9
7.03 RE -USE BY CITY 9
7.04 NONDISCLOSURE 10
7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 10
ARTICLE 8 INDEMNIFICATION 10
ARTICLE 9 INSURANCE 11
9.01 COMPANIES PROVIDING COVERAGE 11
9.02 VERIFICATION OF INSURANCE COVERAGE 11
9.03 FORMS OF COVERAGE 11
9.04 MODIFICATIONS TO COVERAGE 12
ARTICLE 10 MISCELLANEOUS 12
10.01 AUDIT RIGHTS 12
10.02 ENTIRE AGREEMENT 12
10.03 SUCCESSORS AND ASSIGNS 12
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 12
10.05 APPLICABLE LAW AND VENUE OF LITIGATION 12
10.06 NOTICES 13
10.07 INTERPRETATION 13
10.08 JOINT PREPARATION 13
10.09 PRIORITY OF PROVISIONS 13
10.10 MEDIATION - WAIVER OF JURY TRIAL 13
10.11 TIME 14
Miscellaneous Landscape Architectural Services
RFQ 14-15-036
PROFESSIONAL SERVICES AGREEMENT
10.12 COMPLIANCE WITH LAWS 14
10.13 NO PARTNERSHIP 14
10.14 DISCRETION OF DIRECTOR 14
10.15 RESOLUTION OF CONTRACT DISPUTES 14
10.16 INDEPENDENT CONTRACTOR 15
10.17 CONTINGENCY CLAUSE 15
10.18 THIRD PARTY BENEFICIARY 15
10.19 ADDITIONAL TERMS AND CONDITIONS 15
ATTACHMENT A - SCOPE OF WORK 19
ARTICLE Al GENERAL 19
A1.01 SCOPE OF SERVICES 19
A1.02 WORK ORDERS 20
ARTICLE A2 BASIC SERVICES 20
A2.01 DEVELOPMENT OF OBJECTIVES 20
A2.02 SCHEMATIC DESIGN 21
A2.03 DESIGN DEVELOPMENT 21
A2.04 CONSTRUCTION DOCUMENTS 22
A2.05 BIDDING AND AWARD OF CONTRACT 23
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 24
A2.07 TIME FRAMES FOR COMPLETION 26
ARTICLE A3 ADDITIONAL SERVICES 26
A3.01 GENERAL 26
A3.02 EXAMPLES 26
A3.03 ADDITIONAL DESIGN 27
ARTICLE A4 REIMBURSABLE EXPENSES 27
A4.01 GENERAL 27
A4.02 SUB -CONSULTANT REIMBURSEMENTS 28
ARTICLE A5 CITY'S RESPONSIBILITIES 28
A5.01 PROJECT & SITE INFORMATION 28
A5.02 CONSTRUCTION MANAGEMENT 28
SCHEDULE A2. - KEY STAFF 29
ATTACHMENT B - COMPENSATION AND PAYMENTS 30
ARTICLE B.1 METHOD OF COMPENSATION 30
B1.01 COMPENSATION LIMITS 30
B1.02 CONSULTANT NOT TO EXCEED 30
ARTICLE B2 WAGE RATES 30
B2.01 FEE BASIS 30
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 30
B2.03 MULTIPLIER 30
B2.04 CALCULATION 30
B2.05 EMPLOYEE BENEFITS AND OVERHEAD 31
B2.06 ESCALATION 31
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 31
B3.01 LUMP SUM 31
B3.02 HOURLY RATE FEES 31
B3.03 REIMBURSABLE EXPENSES 31
B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES 31
B3.05 FEES FOR ADDITIONAL SERVICES 32
B3.06 PAYMENT EXCLUSIONS 32
B3.07 FEES RESULTING FROM PROJECT SUSPENSION 32
ARTICLE B4 PAYMENTS TO THE CONSULTANT 32
B4.01 PAYMENTS GENERALLY 32
B4.02 FOR COMPREHENSIVE BASIC SERVICES 32
B4.03 BILLING - HOURLY RATE 33
B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 33
B4.05 DEDUCTIONS 33
ARTICLE B5 REIMBURSABLE EXPENSES: 33
B5.01 GENERAL 33
B5.02 REIMBURSEMENTS TO THE SUB -CONSULTANTS 34
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 34
B6.01 GENERAL 34
SCHEDULE B1 - WAGE RATES SUMMARY 35
Miscellaneous Landscape Architectural Services
RFQ 14-15-036
PROFESSIONAL SERVICES AGREEMENT
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS AND
TRANSPORTATION PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category
Contract Type
Consultant
Consultant Office Location
City Authorization
Miscellaneous Landscape Architectural Services
(RFQ No. 14-15-036)
Miscellaneous Services
Section 18-87
THIS AGREEMENT made this day of in the year 2016 by and between
THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and (Consultant's Name),
hereinafter called the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 14-15-036 on Friday,
September 4, 2015 for the provision of Miscellaneous Landscape Architectural Services
("Services") and the Consultant's proposal (i"Proposal"), in response thereto, was selected as one
of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes
referred to herein, collectively, as the Solicitation Documents, and are, by this reference,
expressly incorporated into and made a part of this Agreement as if set forth in full.
B. WHEREAS, the City, through action of the City Manager and/or the City
Commission, as applicable, has selected the Consultant in accordance with Section 287.055,
Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred to as "CCNA"),
and the applicable provisions of the City Procurement Ordinance, to provide the professional
services as described herein.
WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as
follows:
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PROFESSIONAL SERVICES AGREEMENT
ARTICLE 1 DEFINITIONS
1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with
Florida Statutes and City Code.
1.02 Attachments means the Attachments to this Agreement are expressly incorporated by reference and
made a part of this Agreement as if set forth in full.
1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic
Services.
1.04 Basic Services means those services designated as such in a Work Order.
1.05 City Commission means the legislative body of the City of Miami.
1.06 City Manager means the duly appointed chief administrative officer of the City of Miami.
1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency
which is a party hereto and for which this Agreement is to be performed. In all respects hereunder,
the City's performance is pursuant to the City's position as the Owner of the Project. In the event the
City exercises its regulatory authority as a governmental body, the exercise of such regulatory
authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed
to have occurred pursuant to 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.
1.08 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of
Risk Management.
1.09 Commission means the legislative body of the City of Miami.
1.10 Community Business Enterprise ("CBE") 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 §18-87.
1.11 Consultant means the individual, partnership, corporation, association, joint venture, or any
combination thereof, of properly registered professional architects, or engineers, which has entered
into the Agreement to provide professional services to the City.
1.12 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.
1.13 Director means the Director of the City Department designated herein who has the authority and
responsibility for managing the specific project or projects covered under this Agreement. Unless
otherwise specified herein or in a Work Order, for the purpose of this Agreement, the Director is the
top administrator of the Department of Capital Improvements and Transportation Program (CITP) or
designee.
1.14 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.
1.15 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
inside the City's Miami Riverside Center (MRC) or other requested City facility.
1.16 Notice to Proceed means same as "Authorization to Proceed." A duly authorized written letter or
directive issued by the Director or Project Manager acknowledging that all conditions precedent have
been met and/or directing that the Consultant may begin work on the Project.
1.17 Project Manager means an employee or representative of the City assigned by the Director to
manage and monitor Work to be performed under this Agreement and the construction of a project
as a direct representative of the City.
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PROFESSIONAL SERVICES AGREEMENT
1.18 Project means the construction, alteration and/or repair, and all services and incidentals thereto, of
a City facility as contemplated and budgeted by the City. The Project or Projects shall be further
defined in the Scope of Services and/or Work Order issued pursuant to this Agreement.
1.19 Professional Services means those services within the scope of the practice of architecture,
professional engineering, or registered surveying and mapping, as applicable, as defined by the laws
of the State of Florida, or those performed by any architect, professional engineer, or registered
surveyor or mapper in connection with his or her professional employment or practice. These services
may be abbreviated herein as "architectural/ engineering services" or "professional services", as
applicable, which are within this definition.
1.20 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
Response to the Request for Qualifications ("RFQ") and the Consultant's response thereto the RFQ
will control. In the event of any conflict between the Consultant's response to the RFQ, this PSA will
control. In the event of any conflict between this PSA and its attachments this PSA will control.
1.21 Risk Administrator means the City's Risk Management Administrator, or designee, or the individual
named by the City Manager to administer matters relating to insurance and risk of loss for the City.
1.22 Scope of Services or Services means a comprehensive description of the activities, tasks, design
features, objectives, deliverables and milestones required for the completion of Project or an
assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary
for its completion.
1.23 Sub -consultant means a person or organization of properly registered professional architects,
engineers, registered surveyor or mapper, and/or other professional specialty that has entered into a
written agreement with the Consultant to furnish specified professional services for a Project or task.
1.24 Wage Rates means 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 compensation.
1.25 Work means all services, materials and equipment provided by/or under this Agreement with the
Consultant.
1.26 Work Order means a document internal to the City authorizing the performance of specific
professional services for a defined Project or Projects.
1.27 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.
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PROFESSIONAL SERVICES AGREEMENT
ARTICLE 2 GENERAL CONDITIONS
2.01 TERM
The term of this Agreement shall be for two (2) year(s) commencing on the effective date hereof. This
specified term is intended for administrative and budget control purposes and is not to be considered or
interpreted as a time limitation. This Agreement shall be in place until completion of the Project
2.01-1 Extension of Expiration Date
In the event the Consultant is engaged in any Project(s) on the Agreement expiration date,
then this Agreement 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 OPTIONS TO EXTEND:
The CITY, by action of the CITY MANAGER, shall have the option to extend the term for 2 additional
period(s) of one (1) year(s) each, subject to continued satisfactory performance as determined by the
Director, and to the availability and appropriation of funds. City Commission authorization of this Agreement
includes delegation of authority to the CITY MANAGER to administratively approve said extensions
provided that the compensation limits set forth in 2.05 are not exceeded.
2.03 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" hereto (to be Determined), which by this reference is incorporated
into and made a part of this Agreement.
2.04 COMMUNITY BUSINESS ENTERPRISE ("CBE") PARTICIPATION
REQUIREMENTS ORDINANCE 13331, codified as § 18-87(p), City Code.
Prospective Firms must adhere to the following requirements:
1) Assign a minimum of fifteen percent (15%) of the contract value to firms currently
certified by Miami -Dade County as a Community Business Enterprise ("CBE");
2) Place a specific emphasis on utilizing local small businesses from within the City's
municipal boundaries.
For information on the City's CBE requirements, visit the CITP website at:
http://dev.miamigov.com/capitalimprovements/pageslProcurementOpportunities/ProjectPages/CB
E forms.asp
2.05 COMPENSATION
2.05-1 Compensation Limits
The amount of compensation payable by the City to the Consultant shall be a lump sum or not to exceed
fee, based on the rates and schedules established in Attachment B hereto, which by this reference is
incorporated into this Agreement; provided, however, that in no event shall the amount of compensation
exceed Five Hundred Thousand Dollars ($500,000) in total over the term of the Agreement and any
extension(s), unless explicitly approved by action of the City Commission and put into effect by written
amendment to this Agreement. The City may, at its sole discretion use other compensation
methodologies. The City shall not have any liability nor will the Consultant have any recourse against
the City for any compensation, payment, reimbursable expenditure, cost or charge beyond the
compensation limits of this Agreement, as it may be amended from time to time. This Agreement , as
amended and/or renewed, is subject to the compensation limits for continuing contracts set forth in
287.055, Florida Statutes for Continuing Contracts.
2.05-2 Payments
Unless otherwise specifically provided in Attachment B, payment shall be made in accordance with
Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the
Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain
sufficient detail, to constitute a "proper invoice" as defined by § 218.72, Fla. Stat., 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 travel expenses shall be submitted in accordance
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Miscellaneous Landscape Architectural Services
RFQ 14-15-036
PROFESSIONAL SERVICES AGREEMENT
with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment "C" for the submission
of invoices.
ARTICLE 3 PERFORMANCE
3.01 PERFORMANCE AND DELEGATION
The services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise
provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as
constituting an agreement between the City and said other person or firm.
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL
Director or designee may make written request to the Consultant for the prompt removal and replacement
of any personnel employed or retained by the Consultant, or any Sub -Consultants or subcontractors, or
any personnel of any such Sub -Consultants or sub -contractors engaged by the Consultant to provide and
perform services or Work pursuant to the requirements of this Agreement. The Consultant shall respond
to 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 made by the Consultant. Such request shall solely relate to said employees work under
this Agreement.
3.03 CONSULTANT KEY STAFF
The parties acknowledge that the Consultant was selected by the City, in part, on the basis of qualifications
of particular staff identified in the Consultant's response to the City's solicitation, hereinafter referred to as
"Key Staff". The Consultant shall ensure that Key Staff are available for Work hereunder as long as said
Key Staff is in the Consultant's employ. The Consultant will obtain prior written acceptance of Director or
designee to change Key Staff. The Consultant shall provide Director, or designee with such information as
necessary to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating
Key Staff qualifications. Such acceptance shall not constitute any responsibility or liability for the individual's
ability to perform.
3.04 TIME FOR PERFORMANCE
The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed issued by the
Director and to complete each assignment, task or phase within the time stipulated in the Notice to Proceed.
Time is of the essence with respect to performance of this Agreement.
A reasonable extension of the time for completion of various assignments, tasks or phases may be granted
by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement
as stated herein. Such extension of time shall not be cause for any claim by the Consultant for extra
com pensation.
3.05 STANDARD OF CARE
Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall
perform all Services in compliance with Florida Administrative Code Rule 61G15-19.001(4) and Section
471.033(1) 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 design, drawings, specification, and other Services furnished by the Consultant under this Agreement.
Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or
deficiencies in its designs, drawings, specification or other Services. Consultant shall also be liable for
claims for delay costs, and any increased costs in construction, including but not limited to additional work,
demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its
designs, drawings, specification or other Services.
ARTICLE 4 SUB -CONSULTANTS
4.01 GENERAL
4.01-1 A Sub -Consultant, as defined in Article 1.18 is a firm that was identified as part of the consulting
team in the competitive selection process by which the Consultant was chosen to perform the services
under this Agreement, and as such, is identified and listed in Schedule Al attached hereto and
incorporated by reference.
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4.01-2 A Specialty Sub -Consultant is a person or organization that has, with the consent of the
Director, entered into a written agreement with the Consultant to furnish unique and/or specialized
professional services necessary for a project or task described under Additional Services. Such
Specialty Sub -Consultant shall be in addition to those identified in Schedule Al.
4.02 SUB -CONSULTANT RELATIONSHIPS
4.02-1 All services provided by the Sub -Consultants shall be performed pursuant to appropriate
written agreements between the Consultant and the Sub -Consultants, which shall contain provisions
that preserve and protect the rights of the City under this Agreement.
4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship
between the City and the Sub -Consultants. The Consultant acknowledges that 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 or modify change any Sub -Consultant listed in Schedule Al without prior
written approval by the Director or designee, in response to a written request from the Consultant stating
the reasons for any proposed substitution.
ARTICLE 5 DEFAULT
5.01 GENERAL
If the Consultant fails to comply with any term or condition of this Agreement, or fails to perform any of its
obligations hereunder, 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 all 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 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.
5.02 CONDITIONS OF DEFAULT
A finding of Default and subsequent termination for cause may include, without limitation, any of the
following:
5.02-1 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 fails to commence the Services within the time provided or contemplated
herein, or fails to complete the Work in a timely manner as required by this Agreement.
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE
The City through the Director or 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 time stipulated in said
notice, after which time the City may terminate the Agreement. The City at its sole discretion, may allow
additional days to perform any required cure if 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.
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 commensurate
with the cause of such failure to perform or cure.
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ARTICLE 6 TERMINATION OF AGREEMENT
6.01 CITY'S RIGHT TO TERMINATE
The City, including the Director or designee has the right to terminate this Agreement for any reason or no
reason, upon ten (10) days' written notice. Upon termination of this Agreement, all charts, sketches,
studies, drawings, and other documents, including all electronic copies related to Work authorized under
this Agreement, whether finished or not, must be turned over to the Director or designee. The Consultant
shall be paid in accordance with provisions of Attachment B, provided that said documentation is turned
over to Director or designee within ten (10) business days of termination. Failure to timely deliver the
documentation shall be cause to withhold any payments due without recourse by the Consultant until 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 compensation for the
Services that was performed in complete compliance with the Agreement, as full and final settlement
of any claim, action, demand, cost, charge or entitlement it may have, or will, have against the City, its
officials or employees.
6.02 CONSULTANT'S RIGHT TO TERMINATE
The Consultant shall have the right to terminate this agreement, in writing, following breach by the City, if
breach of contract has not been corrected within sixty (60) days from the date of the City's receipt of a
written statement from the Consultant specifying its 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 all data collected, together with summaries and charts derived there from,
including all electronic digital copies will be considered works made for hire and will, based on incremental
transfer wherein the above shall become the property of the City upon payments made to the Consultant
or termination of the Agreement without restriction or limitation on their use, and will be made available, on
request, to the City at any time during the 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) days of cancellation, or within ten (10) days of request by the City, shall be just
cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such
documents. The Consultant shall have no recourse from these requirements.
7.03 RE -USE BY CITY
It is understood that all Consultant agreements and/or Work Orders for new work will include the provision
for the re -use of plans and specifications, including construction drawings, at the City's sole option, and by
virtue of signing this agreement 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,
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studies, or other data for any purpose other than that intended by the terms and conditions of this
Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, the Consultant agrees not to divulge, furnish ,or make available to any third
person, firm or organization, without Director or designee's prior written consent, or unless incident to the
proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public information
concerning the services to be rendered by the Consultant hereunder, and the Consultant shall require all
of its employees, agents, Sub -Consultants, and subcontractors to comply with the provisions of this
paragraph.
7.05 MAINTENANCE OF RECORDS; 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. Otherwise, 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
electronically stored public records to the City in a format compatible with the City's information technology
systems.
ARTICLE 8 INDEMNIFICATION
The Consultant shall indemnify and hold harmless the City, its officers, agents, directors, and/or employees,
from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's
fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional
wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of
this Contract. ..
These indemnifications shall survive 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 otherwise provided by the Consultant shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as
herein provided.
The indemnification provided above shall obligate the Consultant to defend, at its own expense, to and
through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's
option, any and all claims of liability and all suits and actions of every name and description which may be
brought against the City whether performed by the Consultant, or persons employed or utilized by
Consultant.
This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted
under the laws of the State of Florida, including without limitation and interpretation, which conforms to the
limitations of §725.06 and/or §725.08, Florida Statutes, as applicable.
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The Consultant shall require all Sub -Consultant agreements to include a provision that they will indemnify
the City.
The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims
which may result from any actions or omissions of the CONSULTANT in which the City participated either
through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any
submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any
responsibility or liability of the Consultant or Sub -Consultant under this Agreements.
Ten dollars ($10) 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 Consultant shall not start Services under this Agreement until the Consultant has obtained all insurance
required hereunder and the City's Risk Manager or his/her 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 Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and
be rated at least A(X), as per A.M. Best Company's Key Rating Guide, latest edition.
9.02 VERIFICATION OF INSURANCE COVERAGE
The Consultant shall furnish certificates of insurance to the Risk Administrator for review and approval prior
to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained
insurance of the type, amount and classification required by these provisions, in excess of any pending
claims at the time of contract award to the Consultant. The Consultant shall maintain coverage with equal
or better rating as identified herein for the term of this contract. The Consultant shall provide written notice
to the City's Department of Risk Management of any material change, cancellation and/or notice of non -
renewal of the insurance within 30 days of the change.
The Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator
within ten (10) days of written request.
9.03 FORMS OF COVERAGE
9.03-1 COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY
The Consultant shall maintain commercial general liability coverage with limits of at least $1,000,000
per occurrence, $2,000,000 aggregate for bodily injury and property damage. The coverage shall
include Premises and Operations, Contingent and Contractual Liability, and Products and Completed
Operations, with additional endorsements as applicable. The coverage shall be written on a primary
and non-contributory basis with the City listed as an additional insured as reflected by endorsement
CG 2010 11/85 or its equivalence. Notice of cancellation should read (30) days/ (10) days for
nonpayment.
9.03-2 BUSINESS AUTOMOBILE
The Consultant shall provide business automobile liability coverage including coverage for all owned,
hired and non -owned autos with a minimal combined single limit of $1,000,000 naming the City as an
additional insured with respect to this coverage. Notice of cancellation should read (30) days/ (10) days
for nonpayment.
9.03-3 PROFESSIONAL LIABILITY INSURANCE
The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage
in the minimum amount of $1,000,000 per claim, $1,000,000 aggregate providing for all sums which
the Consultant shall be legally obligated to pay as damages for claims arising out of the services
performed by the Consultant or any person employed by the Consultant in connection with this
Agreement. This insurance shall be maintained for at least one year after completion of the construction
and acceptance of any project covered by this Agreement.
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9.03-4 WORKER'S COMPENSATION INSURANCE
The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes,
Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000 each occurrence.
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 his/her authorized designee reserves the right to require modifications, increases,
or changes in the required insurance requirements, coverage, deductibles or other insurance obligations
by providing a thirty (30) day written notice to the Consultant in accordance with §10.06 herein. 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
The City reserves the right to audit the Consultant's accounts during the performance of this Agreement
and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies
of any records necessary, in the opinion of the Director, to approve any requests for payment by the
Consultant. The inspection and audit provisions provided for City contracts set forth in §18-101 and § 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, modified, or otherwise altered in any
respect, at any time after the execution hereof, except by a written document executed with the same
formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement
shall not be deemed to be a waiver of any other breach of any provision of this Agreement.
10.03 SUCCESSORS AND ASSIGNS
The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in whole
or in part, by the Consultant without the written consent of the City, acting by and through its City
Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant,
a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that
would constitute an assignment or sale hereunder requiring prior City approval.
The Consultant's services are unique in nature and any assignment, sale transference without City
Commission approval shall be cause for the City to cancel this Agreement. The Consultant shall have no
recourse from such cancellation. The City may require bonding, other security, certified financial statements
and tax returns from any proposed Assignee and the execution of an Assignment/ Assumption Agreement
in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment.
The Consultant and the City each binds one another, their partners, successors, legal representatives and
authorized assigns to the other party of this Agreement and to the partners, successors, legal
representatives and assigns of such party in respect to all covenants of this Agreement.
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE
In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under
the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting
the compensation are accurate, complete, and current at the time of Notice to Proceed. The original Project
price and any addition thereto will be adjusted to exclude any significant sums by which the City determines
the project price was increased due to inaccurate, incomplete or non -current wage rates and other factual
unit costs. All such price adjustments will be made within 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
agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees
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except in actions arising out of the Consultant's duties to indemnify the City under Article 8 herein where
the Consultant shall pay the City's reasonable attorney's fees.
10.06 NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
registered United States mail, return receipt requested, addressed to the party for whom it is intended at
the place last specified; and the place for giving of notice shall remain such until it shall have been changed
by written notice in compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for giving of notice:
For City of Miami:
Annie Perez, CPPO
Director
Procurement Department
City of Miami
444 S.W. 2nd Avenue, - 6th Floor
Miami, Florida 33130
With Copies to:
Jeovanny Rodriguez, P.E.
Director
Capital Improvements and Transportation Program
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
For Consultant:
10.07 INTERPRETATION
The language of this Agreement has been agreed to by both parties to express their mutual intent and no
rule of strict construction shall be applied against either party hereto. The headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the
singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular
sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever
reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a
whole, including all of the subsections of such Section, unless the reference is made to a particular
subsection or subparagraph of such Section or Article.
10.08 JOINT PREPARATION
Preparation of this Agreement has been a joint effort of the City and the Consultant and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against one of
the parties than any other.
10.09 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit
attached hereto, any document or events referred to herein, or any document incorporated into this
Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in this Agreement shall prevail and be given effect.
10.10 MEDIATION - WAIVER OF JURY TRIAL
In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the
design and /or construction of the subject project(s), and/or following the completion of the projects(s), the
parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation
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prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who
the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State
of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees
to include such similar contract provisions with all Sub -Consultants and/or independent contractors and/or
the Consultants retained for the project(s), 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
to file permissive counterclaims in any action arising under this Agreement.
10.11 TIME
Time is of the essence in this Agreement.
10.12 COMPLIANCE WITH LAWS
The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions
including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable
guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement.
The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law
in connection with the performance of this agreement.
10.12-1 NON-DISCRIMINATION
The City warrants and represents that it does not and will not engage in discriminatory practices and
that there shall be no discrimination in connection with the Consultant's performance under this
Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. The
Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her
race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation
in, be denied services, or be subject to discrimination under any provision of this Agreement.
10.12-2 OSHA COMPLIANCE
The Consultant warrants that it will comply with all safety precautions as required by federal, state or
local laws, rules, regulations and ordinances. The City reserves the right to refuse the Consultant
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.
10.12-3 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 & II of the ADA (regarding nondiscrimination on the basis of disability) and all
applicable regulations, guidelines and standards. Additionally -the Consultant shall take affirmative
steps to -insure nondiscrimination in employment of disabled persons.
10.13 NO PARTNERSHIP
The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership
or other business enterprise between the parties. The Consultant has no authority to bind the City to any
promise, debt, default, or undertaking of the Consultant.
10.14 DISCRETION OF DIRECTOR
Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within
the exercise of the reasonable professional discretion of the Director or the Director's authorized designee.
10.15 RESOLUTION OF CONTRACT DISPUTES
The Consultant understands and agrees that all disputes between it and the City based upon an alleged
violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner.
The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit
a copy to the City of Miami personnel identified in Article 10.06, Notices.
Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their
dispute in writing, with all supporting documentation, to the Director of CITP, as identified in Article 10.06,
Notices. Upon receipt of said notification the Director of CITP shall review the issues relative to the dispute
and issue a written finding.
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Should the Consultant and the Director of CITP fail to resolve the dispute the Consultant shall submit their
dispute in writing within five 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 said
notification the Director shall review the issues relative to the dispute and issue a written finding.
The Consultant must submit any further appeal in writing within five calendar days to the City Manager.
Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the
Consultant. Appeal to the City Manager for his/her resolution, is required prior to the Consultant being
entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder
exceed $500,000.00, 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) days has expired after submitting to the City Manager a detailed statement of
the dispute, accompanied by all supporting documentation, or a period of (90) days has expired
where the City Manager's decision is subject to City Commission approval; or
(iii) The City has waived compliance with the procedure set forth in this section by written instrument(s)
signed by the City Manager.
10.16 INDEPENDENT CONTRACTOR
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 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 for any employee or agent of the Consultant rendering
services to the City under this Agreement.
10.17 CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds and continued authorization for program
activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds
and/or change in regulations, upon thirty (30) days notice.
10.18 THIRD PARTY BENEFICIARY
The Consultant and the City agree that it is not intended that any provision of this Agreement establishes a
third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under
this Agreement.
10.19 ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to
this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing
separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and
agreed that the General and Special Conditions in this solicitation are the only conditions applicable to this
solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's
acknowledgment form attests to this. If a PSA or other Agreement is provided by the City and included in
this solicitation no additional terms or conditions which materially or substantially vary, modify or alter the
terms or conditions of the Agreement, in the sole opinion and reasonable discretion of the City will be
considered. Any and all such additional terms and conditions shall have no force or effect and are
inapplicable to this PSA or other Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST:
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
Consultant Secretary
(Affirm Consultant Seal, if available)
ATTEST: CITY OF MIAMI, a municipal corporation of the
State of Florida
Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Ann Marie Sharpe, Director Victoria Mendez, City Attorney
Risk Management Department
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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 laws 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 his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20 .
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under
the laws of the State of , held on the day of , a resolution
was duly passed and adopted authorizing (Name) as
(Title) of the partnership to execute agreements on behalf of the
partnership and provides that his/her execution thereof, attested by a partner, shall be the official
act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Partner:
Print:
Names and addresses of partners:
Name
Street Address
City
State
Zip
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CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this bid is
authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement
each member of the joint venture must sign the bid and submit the appropriate Certificate of Authority
(corporate, partnership, or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) , individually and doing
business as (d/b/a) (If Applicable) have
executed and am bound by the terms of the Agreement to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20
Signed:
Print:
NOTARIZATION
STATE OF
SS:
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 , by , who is personally
known to me or who has produced as identification and who
(did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
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ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
Miscellaneous Landscape Architectural Services shall include, but are not limited to, services to assist the
City in fulfilling its responsibilities under Miami 21 and all other relevant State, County and City ordinances.
May also include planning and design services, programming, schematics, scheduling, inspection,
feasibility studies, options evaluations, public meetings, irrigation, public meetings, detailed assessments
and recommendations, cost estimates, opinions of probable construction cost, review of Work prepared by
Sub -consultants and other consultants, field investigations and observations, post design services,
construction administration, and other related Services as needed to complete the Project. Consultant shall
provide comprehensive Landscape Architectural services for the Project for which Consultant was selected
in accordance with Section 287.055 Florida Statutes, as amended, Consultants' Competitive Negotiations
Act (CCNA).
A1.01 SCOPE OF SERVICES
The Consultant agrees to provide comprehensive Professional Services in accordance with all applicable
law, building and environmental regulations, including the Florida Building Code and the City of Miami,
Florida, Code of Ordinances, and as set forth in this Agreement and further enumerated in a Work Order.
Consultant may be required to perform all or some of the services presented in this Agreement, depending
on the needs of the City for the Project. Consultant shall furnish, as Basic Services, comprehensive
landscape architectural professional services for the Project.
The City will phase the Work required to complete the Project so that the Project is designed and
constructed in the most logical, efficient, and cost effective manner. The Consultant shall be directed to
proceed with each phase of the Project through the use of Work Orders Proposals and Work Orders.
Master Planning of Site Developments and Roadway Beautification Projects
c Inspecting sites and analyzing factors such as site function, existing natural features
such as climate, soil, flora, fauna, surface and subsurface water and drainage, and
human -generated elements,;
Creating and conducting landscape programming activities and design studies;
c Conducting environmental and visual impact landscape assessments;
c Developing landscapes schematics and figures for review and for public /
community meetings or Homeowner Association (HOA) or charrettes
Design Management and Production of Working Documents through Schematics, Design
Development, and Final Design.
Design Management and Production a complete set of Landscape Design Contract
Documents including Contract Specifications and Plans for Bidding and Construction, cost
estimates, project schedules:
• Obtaining approval of all required and applicable permits;
• Post design services;
Review and responding to RFI's, review of shop drawings,
o Monitoring and inspecting the structure and detail of landscape proposals to ensure
compliance with plans, specifications of work, cost estimates, and time schedules;
• Peer review and plan check of landscape plans prepared by third -party consultants;
• Advising the City regarding methods of work and sequences of operations for landscape
projects;
• Project Management of small scale landscape planning and design projects, including
management, coordination, and oversight of the work of other consultants such as engineers,
architects and planners.
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A1.02 WORK ORDERS
A1.02-1 PROCEDURES
When CITP has determined that a specific phase of the Project is to proceed, the Director or authorized
designee will request in writing, a Work Order Proposal from the Consultant based on the proposed
Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant
and Director or designee, and others if appropriate, may have preliminary meetings, if warranted, to
further define the Scope of Services and to resolve any questions. The Consultant shall then prepare
a Work Order Proposal following the format provided by the City, indicating the proposed Scope of
Services, time of performance, staffing, proposed fees, Sub -Consultants, and deliverable items and/or
documents.
The CITP Director or designee may accept the Work Order Proposal as submitted, reject the Work
Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order
Proposal CITP will prepare a Work Order that will be reviewed by CITP staff and the Director or
designee. Upon approval CITP will issue a written Notice to Proceed subsequent to approval of the
Work Order by the Director or designee.
ARTICLE A2 BASIC SERVICES
Consultant agrees to provide complete Landscape Architectural services as set forth in the tasks
enumerated hereinafter, in accordance with Florida Statute 481.311, latest edition, all federal, state, county
and City of Miami, Florida, Laws, Codes and Ordinances. Consultant shall maintain an adequate staff of
qualified personnel on the Work at all times to ensure its performance as specified in the Agreement.
Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents required
under Article A2, without additional charge, for review and approval by City. Consultant shall not proceed
with the next task of the Work until the documents have been approved, in writing, by City, and an
Authorization to Proceed with the next task has been issued by City.
Consultant is solely responsible for the technical accuracy and quality of their Work. Consultant shall
perform all Work in compliance with Florida Administrative Code Rule 61G15-19.001(4) and Section
471.033(1) (g) of the Florida Statutes. Consultant shall perform due diligence, in accordance with best
industry practices, in gathering information and inspecting a Project site prior to the commencement of
design. Consultant shall be responsible for the professional quality, technical accuracy and coordination
of all design, drawings, specification, and other Services furnished by the Consultant under this Agreement.
Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or
deficiencies in its designs, drawings, specification or other Services. Consultant shall also be liable for
claims for delay costs, and any increased costs in construction, including but not limited to additional work,
demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its
designs, drawings, specification or other Services.
A2.01 DEVELOPMENT OF OBJECTIVES
A2.01-1
Consultant shall confer with representatives from the City, the Project Manager, and other jurisdictional
agencies to develop several options for how the various elements of the project will be designed and
constructed.
A2.01-2
Consultant shall, utilizing a compilation of available documentation, confer with representatives from
the City, the Project Manager, and other jurisdictional agencies in order to comprehensively identify
aspects of the completed facility program that may require further refinement to attain the requisite
detail of design development required to begin the creation of Construction Documents. For clarity of
scope, the items that need further development will be called Conceptual and the remaining items will
be called Designs.
A2.01-3
Consultant shall prepare written descriptions of the various options and shall participate in
presentations to multiple groups explaining alternative options. Sufficient detail shall be provided to
support the presentation materials.
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A2.01-4
The Consultant shall hire the appropriate sub -contractor to provide surveying services which are not
in-house. Such surveys shall include the location of all site structures including all utility structures and
facilities. The Consultant shall also engage a soil testing firm to perform soil borings and other tests
required for new construction work. The extent to which this work will be needed shall be based on the
surveying and soil borings performed previously by the City. Cost of the surveyor and soil engineering
firm shall be billed as reimbursable expenses.
A2.02 SCHEMATIC DESIGN
A2.02-1 Design Concept and Schematics Report
1. Consultant shall prepare and present, in writing and at an oral presentation if requested, for
approval by City, a Design Concept and Schematics Report, comprising Schematic Design
Studies, including an identification of any special requirement affecting the Project, a Statement
of Probable Construction Cost, Project Development Schedule and review of Constructability
Review reports.
2. Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations,
sections, and all other elements required by City or Project Manager to show the scale and
relationship of the components and design concepts of the whole. The floor plans may be
single -line diagrams. A simple perspective rendering or sketch, model or photograph thereof
may be provided to further show the design concept.
3. 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.
4. The Project Development Schedule shall show the proposed completion date of each task of
the Project through design, bidding, and post design services.
5. Constructability Review reports shall be conducted by the City and/or its consultants at design
stages deemed necessary by the Project Manager. The Consultant shall provide five additional
deliverable plan sets for distribution, by the City, to others for this purpose. There shall be an
established deadline for review report submission back to the City. The Consultant shall
provide written responses to all comments within two weeks and shall maintain files of all
related review reports and response reports. If necessary, the City may coordinate
Constructability Review meetings with some or all of the reviewers with the Consultant present
to discuss specific issues. In addition to the Constructability Review process mentioned above,
the City reserves the right to conduct a Peer Review of the project documents at any design
stage. Cost of such a Peer Review would be borne by the City. Any findings as a result of said
Peer Review would be addressed by the Consultant, and if requested by the City, would be
incorporated into the design documents, at no additional cost to the City and no extension of
time to the schedule.
A2.03 DESIGN DEVELOPMENT
From the approved Schematic Design documents, Consultant shall prepare and present in writing, and at
oral presentations, if requested, for approval by City, separate Design Development Documents, updated
Project Development Schedules, updated Statements of Probable Construction Costs and a review of
Constructability Review reports.
1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations,
sections), outline specifications, and other documents.
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2. Design Development consists of continued development and expansion of architectural and/or civil
Schematic Design Documents to establish the final scope, relationships, forms, size, and
appearance of each element through:
2.1 Plan sections and elevations
2.2 Typical construction details
2.3 Final materials selection
2.4 Construction phasing plan
3. The updated Development Schedules shall show the proposed completion dates of each milestone
of each Project through design, bidding, construction and proposed date of occupancy. Consultant
will also detail all long lead procurement items and architecturally significant equipment that will
need to be purchased prior to the completion of Construction Documents.
4. Provide updated Statements of Probable Construction Cost. If either statement of Probable
Construction Cost exceeds allocated funds, Consultant shall prepare recommendations for
reducing the scope of that particular Project in order to bring the estimated costs within allocated
funds. Consultant shall update its documentation, at no additional cost to the City, to reflect this
reduced scope.
5. Constructability Review reports
A2.04 CONSTRUCTION DOCUMENTS
From the approved Design Development Documents, Consultant shall prepare for written approval by City,
Final Construction Documents setting forth all design drawings and specifications needed to comprise a
fully biddable, permittable, constructible Project.
Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval by
City, which shall include the following:
1. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not
included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index
of all anticipated drawing sheets necessary to fully define the Project.
2. The updated Project Development Schedule to include an outline of major construction milestone
activities and the recommended construction duration period in calendar days.
3. An updated Statement of Probable Construction Cost in CSI format.
4. Consultant may also be authorized to include in the Construction Documents approved additive
and/or deductive alternate bid items, to permit City to award a Construction Contract within the limit
of the budgeted amount.
5. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the
Specifications completed. Documents submittal shall also include all sections of Divisions "0" and
„1„
6. Consultant shall include, and will be paid for, City -requested alternates outside of the established
Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in
connection with alternates required by the failure of Consultant to design the Project within the
Fixed Limit of Construction Cost.
7. Consultant shall not proceed with further construction document development until approval of the
30% documents is received in writing from City. Approval by City shall be for progress only and
does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to
other covenants contained in this Agreement. Consultant shall resolve all questions indicated on
the documents and make all changes to the documents necessary in response to the review
commentary. The 30% Documents review (check) set shall be returned to City upon submission
of 60% complete Construction Documents and Consultant shall provide an appropriate response
to all review comments noted on these previously submitted documents.
Of the seven (7) copies to be provided, the Consultant shall submit four (4) full size copies of the
drawings and specifications, and one digital copy in .pdf format.
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A2.04-1 Maximum Cost Limit
Prior to authorizing the Consultant to proceed with preparation of Construction Document
Development, the City shall establish and communicate to the Consultant, a maximum sum for the
cost of construction of the Project ("Maximum Cost Limit"). If the City has not advertised for bids
within ninety (90) days after the Consultant submits the Final Design to the City, the estimate of the
cost of construction shall be adjusted by Consultant. Notwithstanding anything above to the
contrary, the City may require the Consultant to revise and modify Construction Documents and
assist in the re -bidding of the Work at no additional cost or fee to the City if all responsive and
responsible bids received exceed ten (10%) percent of the Maximum Cost Limit.
A2.04-2 Dry Run Permitting
The Consultant shall file and follow-up for approval of building permits at the earliest practicable
time during the performance of the Work, for approval by City, County, State and/or Federal
authorities having jurisdiction over the Project by law or contract with the City, and shall assist in
obtaining any such applicable certifications of permit approval by such authorities prior to approval
by CITP of the final set and printing of the Construction Documents. The Consultant shall promptly,
at any time during the performance of the Work hereunder, advise the City of any substantial
increases in costs set forth in the Statement of Probable Construction Cost that in the opinion of
the Consultant is caused by the requirement(s) of such.
Upon completion of dry run permitting, Consultant shall provide as part of the seven (7) copies to
be submitted, five (5) full size sealed copies of the drawings and specifications. Consultant shall
also provide digital versions of the drawings in .dwg, .plt, and .pdf formats. The specification
additional terms and conditions shall be provided in both .pdf and .doc formats.
A2.05 BIDDING AND AWARD OF CONTRACT
A2.05-1 Bid Documents Approvals and Printing
Upon obtaining all necessary approvals of the Construction Documents, from authorities having
jurisdiction, 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, preparing and
awarding the construction contract. The City, for bidding purposes, will have the bid documents
printed, or, at its own discretion, may authorize such printing as a reimbursable service to the
Consultant.
A2.05-2 Issuance of Bid Documents, Addenda and Bid Opening
1. The City shall issue the Bid Documents to prospective bidders and keep a complete List of
Bidders.
2. The Consultant shall assist the City in the preparation of responses to questions if any are
required during the bidding period. All addendum or clarifications, or responses shall be issued
by the City.
3. The Consultant shall prepare revised plans, if any are required, for the City to issue to all
prospective bidders.
4. The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The
Consultant shall attend all any pre -bid meeting(s) and require attendance of Sub -Consultants
at such meetings.
5. The Consultant will be present at the bid opening, if requested by the City.
A2.05-3 Bid Evaluation and Award
The Consultant shall assist the City in evaluation of bids, determining the responsiveness of bids and
the preparation of documents for Award of a contract. If the lowest responsive Base Bid received
exceeds the Total Allocated Funds for Construction, the City may:
1. Approve an increase in the Project cost and award a Contract;
2. Reject all bids and re -bid the Project within a reasonable time with no change in the Project or
additional compensation to the Consultant;
3. Direct the Consultant to revise the scope and/or quality of construction, and rebid the Project.
The Consultant shall, without additional compensation, modify the Construction Documents as
necessary to bring the Probable Construction Cost based on such revisions within the Total
Authorized Construction Budget. The City may exercise such option where the bid price
exceeds 10% of the Fixed Construction Budget provided to the Consultant and as may be
modified by the City and the Consultant prior to soliciting bids.
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4. Suspend, cancel or abandon the Project.
NOTE: Under item 3 above the Consultant shall, without additional compensation, modify the
Construction Documents as necessary to bring the Probable Construction Cost within the budgeted
amount.
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT
A2.06-1 The Construction Phase will begin with the award of the construction contract and will end
when the Consultant has provided to the City all post construction documents, including Contractor As -
Built drawings, the Consultant's record drawings, warrantees, guarantees, operational manuals, and
Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to
the Consultant. During this period, the Consultant shall provide administration of the construction
contract as provided by this Agreement, and as provided by law.
A2.06-2 The Consultant, as the representative of the City during the Construction Phase, shall
advise and consult with the City and shall have the authority to act on behalf of the City to the extent
provided in the General Conditions and the Supplementary Conditions of the construction contract and
their Agreement with the City.
A2.06-3 The Consultant and respective 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 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 minutes of all meetings and field inspections report it is asked to attend, as well
as the distribution of the minutes. The 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 Work. The Consultant and his/her Sub -consultants 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 all observations of the Work
made by the Consultant and require all Sub -consultants to do same during each visit to the Project.
The Consultant shall also note the general status and progress of the Work, on forms furnished by the
City, and shall submit them in a timely manner. The Consultant and the Sub -consultants shall ascertain
that the Work is acceptable to the City. The Consultant shall assist the City in ensuring that the
Contractor is making timely, accurate, and complete notations on the "as -built" drawings. Copies of the
field reports shall be attached to the monthly Professional Services payment request for construction
administration services. The Consultant's failure to provide written reports of all site visits or minutes of
meeting shall result in the rejection of payment requests and may result in a proportional reduction in
Construction Administration fees paid to the Consultant.
A2.06-5
1. Based on observations at the site and consultation with the City, the Consultant shall determine
the amount due the Contractor based on the pay for performance milestones and shall
recommend approval of such amount as appropriate. This recommendation shall constitute a
representation by the Consultant to the City that, to the best of the Consultant's knowledge,
information and belief, the Work has progressed to the point indicated and that, the quality of
the Work is in accordance with the contract and the Contractor is entitled to amount stated on
the requisition subject to;
2. A detailed evaluation of the Work for conformance with the contract upon substantial
completion;
3. The results of any subsequent tests required by the contract;
4. Minor deviations from the contract correctable prior to completion;
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5. Any specific qualifications stated in the payment certificate and further that the Contractor is
entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the
requisition.
Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to
the City on the status of the Work relative to the Construction Schedule, which shall be attached to the
Contractor's Requisition. Such statement shall be prepared immediately following the requisition field
meeting and shall not be cause for delay in timely payment to the Contractor. By recommending
approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant
has made any examination to ascertain how and for what purpose the Contractor has used money paid
on account of the Construction Contract Sum.
A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and
the judge of the performance there under. The Consultant shall render interpretations necessary for the
proper execution or progress of the Work upon written request of either the City or the Contractor, and
shall render written decisions, within maximum of ten (10) calendar days, on all claims, disputes and
other matters in question between the City and the Contractor relating to the execution or progress of
the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and
reasonably inferable from, the Contract Documents and shall be in written or graphic form.
A2.06-7 The Consultant shall have the authority to recommend rejection of Work, which does not
conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers
it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have
the authority to recommend special inspection or testing of any Work deemed to be not in accordance
with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or
installed and completed.
A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings,
samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract
Documents shall not be authorized without concurrence of the City's Project Manager and/or Director
of Capital Improvements. The Consultant shall have a maximum of ten (10) calendar days from receipt
of shop drawings, samples, RFI's or other submittals by the Contractor, to return the shop drawings or
submittals to the Contractor with comments indicating either approval or disapproval. The Consultant
shall provide the Contractor with a detailed written explanation as to the basis for rejection. Consultant
shall have five (5) calendar days to review contractor payment applications to ensure the City complies
with Florida Statute §218.70.
A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required
by the Consultants own observations or as requested by the City, and shall review and recommend
action on proposed changes. Where the Contractor submits a request for Change Order or Change
Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City,
his/her recommendation or proposed action along with an analysis and/or study supporting such
recommendation.
A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for
substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend
execution of a "Certificate of Acceptance for Substantial Completion after first ascertaining that the
Project is substantially complete in accordance with the contract requirements. The Consultant shall in
conjunction with representatives of the City and the Contractor prepare a punch list of any defects and
discrepancies in the Work required to be corrected by the Contractor in accordance with Section
218.735, Florida Statutes. 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 closeout documentation from the Contractor, including but not limited to all guarantees,
operating and maintenance manuals for equipment, releases of liens/claims and such other documents
and certificates as may be required by applicable codes, law, and the contract, and deliver them to the
City before final acceptance shall be issued to the Contractor.
A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's
compliance with the 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
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equipment and systems and 3) final clean-up of the Project to assure a smooth transition from
construction to occupancy by the City.
A2.06-12 The Consultant shall furnish to the City the original documents, including drawings, revised
to "as -built" conditions based on information furnished by the Contractor; survey, and specific condition.
In preparing the "as -built" documents the Consultant shall rely on the accuracy of the information
provided by the Contractor, including the Contractor's record drawings. Any certifications required
under this Agreement including the contents of "as -built" documents are 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 "as -built" and record
documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for
its convenience shall be marked by the Contractor on the "Field Record Set" and transferred to the
original contract documents by the Consultant. The original documents as well as the "Field Record
Set" shall become the property of the City. A reproducible set of all other final documents will be
furnished to the City free of charge by the Consultant.
A2.06-13 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.
A2.06-14 The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting
"as -built" conditions with graphic scale and north arrow. Plans must show room names, room numbers,
overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of
drawings shall be furnished on 24" x 36" sheets and one electronic copy.
A2.06-15 The Consultant shall assist the City in the completion of the Contractor's performance
evaluation during construction work and upon final completion of the Project.
A2.07 TIME FRAMES FOR COMPLETION
The following time frames are sequential from the date of the Notice to Proceed. A concurrent project
timeline is attached as Schedule A5.
Development of Objectives
Schematic Design
Design Development
30% Construction Documents
60% Construction Documents
90% Construction Documents
Dry— Run Permitting
Final Construction Documents
Bidding and award of Construction Contract
Construction Contract Administration
ARTICLE A3 ADDITIONAL SERVICES
A3.01 GENERAL
Services categorized below as "Additional Services" may be specified and authorized by the City and are
normally considered to be beyond the scope of the Basic Services. Additional Services shall either be
identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager
and will be compensated for as provided in Attachment B, Section B3.05.
A3.02 EXAMPLES
Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to
the following:
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
TBD during Negotiations
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A3.02-1
Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies
of prospective sites. Surveys of the existing structure required to complete as -built documentation are
not additional services.
A3.02-2
Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and
surveys or inventories in connection with construction performed by the City.
A3.02-3
Specialty Design: Any additional special professional services not included in the Scope of Work.
A3.02-4
Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the
initial start-up, testing, adjusting and balancing of any equipment or system; extended training of the
City's personnel in operation and maintenance of equipment and systems, and consultation during such
training; and preparation of operating and maintenance manuals, other than those provided by the
Contractor, subcontractor, or equipment manufacturer. Provide Commissioning Services as part of
systems start-up.
A3.02-5
Major Revisions: Making major revisions to drawings and specifications resulting in or from a change
in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously
given by the City and are due to causes beyond the control of the Consultant. (Major revisions are
defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any
significant portion thereof).
A3.02-6
Expert Witness: Preparing to serve or serving as an expert witness in connection with any arbitration
proceeding or legal proceeding, providing, however, that the Consultant cannot testify against the City
in any proceeding during the course of this Agreement.
A3.02-7
Miscellaneous: Any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted architectural/engineering practice related to
construction.
A3.03 ADDITIONAL DESIGN
The City may, at its option, elect to proceed with additional services relating to the Project.
ARTICLE A4 REIMBURSABLE EXPENSES
A4.01 GENERAL
Reimbursable Expenses cover those services and items authorized by 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.
A4.01-1
Communications Expenses: Identifiable communication expenses approved by the Project Manager,
long distance telephone, courier and express mail between the Consultant's various permanent offices
and Sub -consultant. The Consultant's field office at the Project site is not considered a permanent
office. Cell phones will not be considered as reimbursable expenses under this agreement.
A4.01-2
Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is
required by or of 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
Program Manager.
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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 surveys and special purpose surveys when pre -authorized by the Project Manager.
A4.01-6
Other: Items not indicated in Section 4.01 when authorized by the Project Manager.
A4.02 SUB -CONSULTANT REIMBURSEMENTS
Reimbursable Sub -consultant expenses are limited to the items described above when the Sub -
consultant's agreement provides for reimbursable expenses and when such agreement has been
previously approved, in writing, by the Director and subject to all budgetary limitations of the City and
requirements of this Agreement.
ARTICLE A5 CITY'S RESPONSIBILITIES
A5.01 PROJECT & SITE INFORMATION
City, at its expense and insofar as performance under this Agreement may require, may furnish Consultant
with the information described below, or, if not readily available, may authorize Consultant to provide such
information as an Additional Service, eligible as a Reimbursable Expense.
A5.01-1
Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of
existing structures, the grades and lines of street, pavement, and adjoining properties; the rights,
restrictions, easements, boundaries, and topographic data of a building site, and existing utilities
information regarding sewer, water, gas, telephone and/or electrical services.
A5.01-2
Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other
tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and
recommendations. The Consultant shall recommend necessary tests to the City.
A5.01-3
General Project Information: Information regarding Project Budget, City and State procedures,
guidelines, forms, formats, and assistance required establishing a program as per Section A2, Basic
Services.
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. The Consultant must still perform field investigations as necessary in
accordance with Section A2.01 to obtain sufficient information to perform its services. Investigative
services in excess of "Normal Requirements," as defined, must be authorized in advance.
A5.01-5
Reliability: The services, information, surveys and reports described in A5.01-1 through A5.01-4 above,
shall be furnished at the City's expense, and the Consultant shall be entitled to rely upon the accuracy
and completeness thereof, provided the 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, the Consultant and the City staff shall assume the responsibilities described in the
general conditions and supplementary conditions of the construction contract relating to review and
approval of the construction work by the Contractor.
A5.02-2
If the City observes or otherwise becomes aware of any fault or defective Work in the Project, or other
nonconformance with the contract during construction, the City shall give prompt notice thereof to the
Consultant.
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SCHEDULE Al. - SUB -CONSULTANTS
FIRM NAME
CONSULTING FIELD
SCHEDULE A2. - KEY STAFF
NAME
JOB CLASSIFICATION
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ATTACHMENT B - COMPENSATION
ATTACHMENT B - COMPENSATION AND PAYMENTS
ARTICLE B.1 METHOD OF COMPENSATION
The fees for Professional Services for each Work Order shall be determined by one of the following methods
or a combination thereof, at the option of the Director or designee, with the consent of the Consultant.
a) A Lump Sum (See Section B3.01).
b) An Hourly Rate as defined in Section B3.02 and at the rates set forth pursuant to the same.
NOTE: The Lump Sum manner of compensation is the preferred and primary form of compensation.
B1.01 COMPENSATION LIMITS
The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant
payable by the City under this Agreement shall be limited to the amount specified in Article 2, Section 2.05-
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.
B1.02 CONSULTANT NOT TO EXCEED
Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage
amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall
have no liability or responsibility for paying any amount of such excess, which will be at 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 received and approved by the Director. The averages of said certified
Wage Rates are summarized in Schedule B1 incorporated herein by reference. Said Wage Rates are the
effective direct hourly rates, as approved by the City, of 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.
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS
Schedule B1 identifies the professions, job categories and/or employees expected to be used during the
term of this Agreement. These include architects, engineers, landscape architects, professional interns,
designers, CADD technicians, project managers, GIS and environmental specialists, specification writers,
clerical/administrative support, and others engaged in the Work. In determining compensation for a given
Scope of Work, the City reserves the right to recommend the use of 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, subscriptions, stenographic, administrative and clerical
support, other employee time or travel and subsistence not directly related to a project.
B2.04 CALCULATION
Said Wage Rates are to be utilized by 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 Schedule A2, Key Staff.
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ATTACHMENT B - COMPENSATION
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 agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant
to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable,
in the following manner:
B3.01 LUMP SUM
Compensation for a Scope of Work 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 compensation shall be calculated by the Consultant utilizing the Wage Rates established
herein. Prior to issuing a Work Order, the City may require the Consultant to verify or justify its
requested Lump Sum compensation. Such verification shall present sufficient information as depicted
in Schedule A2.
B3.02 HOURLY RATE FEES
B3.02-1
Hourly Rate Fees shall be those rates for the Consultant and Sub -Consultant employees identified in
Schedule B1 Wage Rates. All hourly rate fees will include a maximum not to exceed figure, inclusive
of all costs expressed in the contract documents. The City shall have no liability for any fee, cost or
expense above this figure.
B3.02-2 CONDITIONS FOR USE
Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible
to determine, define, quantify and/or calculate the complete nature, and/or aspects, tasks, man-hours,
or milestones for a particular Project or portion thereof at the time of Work Order issuance. Hourly
Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City
will establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to
be performed on an Hourly Rate Basis.
B3.03 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 not directly related to a project. All reimbursable services shall
be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of
sets required at each phase of the Work will be a Reimbursable Expense.
The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of
this Agreement as verified by supporting documentation deemed appropriate by Director or designee
including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks.
B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES
The design of additive and deductive alternates contemplated as part of the original Scope for a Project as
authorized by the Director will be considered as part of Basic Services. The design of additive and deductive
alternates that are beyond the original Scope of Work and construction budget may be billed to the City as
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ATTACHMENT B - COMPENSATION
Additional Services. The fees for alternates will be calculated by one of the three methods outlined above,
as mutually agreed by the Director and the Consultant.
B3.05 FEES FOR ADDITIONAL SERVICES
The Consultant may be authorized to perform Additional Services for which additional compensation and/or
Reimbursable Expenses, as defined in this Agreement under Sections B3.05 and B3.03 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
www.m iamigov.com/capitalim provements/paqes/ProcurementOpportunities.
The webpage also provides the procedures for completing these forms. Failure to use the forms or follow
the procedures will result in the rejection of the Work Order Proposal.
B3.05-1 DETERMINATION OF FEE
The compensation for such services will be one of the methods described herein: mutually agreed upon
Lump Sum; Hourly Rate with a Not to Exceed Limit.
B3.05-2 PROCEDURE AND COMPLIANCE
An independent and detailed Notice to Proceed, and an Amendment to a specific Work Order, shall be
required to be issued and signed by the Director for each additional service requested by the City. The
Notice to Proceed will specify the fee for such service and upper limit of the fee, which shall not be
exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the
Consultants' Competitive Negotiation Act, and other applicable laws.
B3.05-3 FEE LIMITATIONS
Any authorized compensation for Additional Services, either professional fees or reimbursable
expenses, shall not include additional charges for office rent or overhead expenses of any kind,
including local telephone and utility charges, office and drafting supplies, depreciation of equipment,
professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing,
stenographic, clerical, or other employees time or travel and subsistence not directly related to a project.
For all reimbursable services and sub -consultant costs, the Consultant will apply the multiplier of one
(1.0) times the amount expended by the Consultant.
B3.06 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 Consultant's further compensation shall be subject to renegotiations.
ARTICLE B4 PAYMENTS TO THE CONSULTANT
B4.01 PAYMENTS GENERALLY
Payments for Basic Services may be requested monthly in proportion to services performed during each
Phase of the Work. The Sub -Consultant fees and Reimbursable Expenses shall be billed to the City in
the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form which can
be found on the City's Webpage at
www.miam igov.com/Capital I mprovements/paqes/ProcurementOpportunities.
Failure to use the City Form will result in rejection of the invoice.
B4.02 FOR COMPREHENSIVE BASIC SERVICES
For those Projects and Work Orders where comprehensive design services are stipulated, said payments
shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated
below for each Phase.
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ATTACHMENT B - COMPENSATION
B4.03 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 a
project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The
Consultant shall attach to the invoice all supporting data for payments made to and incurred by 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.
B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES
Payment for Additional Services may be requested monthly in proportion to the services performed. When
such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the
Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total
charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized
Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data
for payments made to or costs incurred by the Sub -Consultants engaged on the project or task.
In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report
giving the percentage of completion of the Project development and the total estimated fee to completion.
B4.05 DEDUCTIONS
No deductions shall be made from the Consultant's compensation on account of liquidated damages
assessed against contractors or other sums withheld from payments to contractors.
ARTICLE B5 REIMBURSABLE EXPENSES:
B5.01 GENERAL
Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of
Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual
expenditures made by the Consultant and the Consultants' employees, the Sub -Consultants, and the
Special Sub -Consultants in the interest of the Work for the purposes identified below:
B5.01-1 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.
B5.01-3 Communication Expenses
Identifiable communication expenses approved by the Project Manager, long distance
telephone, courier and express mail between Consultant and Sub -consultants.
B5.01-4 Reproduction, Photography
Cost of printing, reproduction or photography, beyond that which is required by or of the
Consultant to deliver services, set forth in this Agreement. All reimbursable expenses must
be accompanied by satisfactory documentation.
B5.01-5 Permit Fees
All Permit fees paid to regulatory agencies for approvals directly attributable to the Project.
These permit fees do not include those permits required to be paid by the construction
Contractor.
B5.01-6 Surveys
Site surveys and special purpose surveys when pre -authorized by the Project Manager.
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ATTACHMENT B - COMPENSATION
B5.02 REIMBURSEMENTS TO THE SUB -CONSULTANTS
Reimbursable Sub -Consultant's expenses are limited to the items described above when the Sub -
Consultant agreement provides for reimbursable expenses and when such agreement has been previously
approved in writing by the Director and subject to all budgetary limitations of the City and requirements of
ARTICLE B5 herein.
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS
B6.01 GENERAL
It is understood that all Consultant agreements and/or work Orders for new work will include the provision
for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue
of signing this agreement they agree to a re -use in accordance with this provision without the necessity of
further approvals, compensation, fees or documents being required and without recourse for such re -use.
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ATTACHMENT B - COMPENSATION
ATTACHMENT B - COMPENSATION
SCHEDULE B1 - WAGE RATES SUMMARY
KEY PERSONNEL
NAME
JOB
CLASSIFICATION
NEGOTIATED
UNLOADED
HOURLY
RATE
NEGOTIATED
HOURLY
RATE
(2.9 HOME)
NEGOTIATED
HOURLY
RATE
(2.4 FIELD)
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