HomeMy WebLinkAboutExhibitService Category Architecture and Engineering Services for Miami Marine Stadium
Restoration Prosect. B-30688 (RFQ 14-15-018)
Contract Type Project Specific
Consultant R. J. Heisenbottle Architects, P.A.
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS......................................................................................................7
CITY OF MIAMI
ARTICLE 2 GENERAL CONDITIONS....................................................................................9
OFFICE OF CAPITAL IMPROVEMENTS
r
PROFESSIONAL SERVICES AGREEMENT
2.02 SCOPE OF SERVICES...............................................................................................9
2.03 COMPENSATION.......................................................................................................9
Service Category Architecture and Engineering Services for Miami Marine Stadium
Restoration Prosect. B-30688 (RFQ 14-15-018)
Contract Type Project Specific
Consultant R. J. Heisenbottle Architects, P.A.
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS......................................................................................................7
ARTICLE 2 GENERAL CONDITIONS....................................................................................9
2.01 TERM..........................................................................................................................9
2.02 SCOPE OF SERVICES...............................................................................................9
2.03 COMPENSATION.......................................................................................................9
ARTICLE 3 PERFORMANCE.................................................................................................9
3.01 PERFORMANCE AND DELEGATION........................................................................9
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL.....................................................9
3.03 CONSULTANT KEY STAFF......................................................................................10
3.04 TIME FOR PERFORMANCE. ....................................................................................
10
3.05 STANDARD OF CARE..............................................................................................10
ARTICLE 4 SUBCONSULTANTS.........................................................................................11
4.01 GENERAL.................................................................................................................11
4.02 SUBCONSULTANT RELATIONSHIPS.....................................................................11
4.03 CHANGES TO SUBCONSULTANTS........................................................................11
ARTICLE 5 DEFAULT..........................................................................................................11
5.01 GENERAL.................................................................................................................11
5.02 CONDITIONS OF DEFAULT.....................................................................................11
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE.......................................................12
ARTICLE 6 TERMINATION OF AGREEMENT.....................................................................12
6.01 CITY'S RIGHT TO TERMINATE...............................................................................12
6.02 CONSULTANT'S RIGHT TO TERMINATE................................................................12
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT ...........................12
ARTICLE 7 DOCUMENTS AND RECORDS ........................... ............ ..
7.01 OWNERSHIP OF DOCUMENTS'.............................................................................12
7.02 DELIVERY UPON REQUEST OR CANCELLATION.................................................13
7.03 RE -USE BY CITY......................................................................................................13
7.04 NONDISCLOSURE...................................................................................................13
7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS..............................................13
ARTICLE 8 INDEMNIFICATION...........................................................................................14
ARTICLE 9 INSURANCE.....................................................................................................14
ARTICLE 10 MISCELLANEOUS...........................................................................................15
10.01 AUDIT RIGHTS: INSPECTION RIGHTS...................................................................15
10.02 ENTIRE AGREEMENT..............................................................................................16
10.03 SUCCESSORS AND ASSIGNS................................................................................16
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE................................................................16
10.05 APPLICABLE LAW AND VENUE OF LITIGATION....................................................16
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10.06 NOTICES..................................................................................................................16
10.07 INTERPRETATION...................................................................................................17
10.08 JOINT PREPARATION.............................................................................................17
10.09 PRIORITY OF PROVISIONS....................................................................................17
10.10 MEDIATION - WAIVER OF JURY TRIAL..................................................................17
10.11 TIME.........................................................................................................................17
10.12 COMPLIANCE WITH LAWS......................................................................................17
10.13 NO PARTNERSHIP..................................................................................................18
10.14 DISCRETION OF DIRECTOR...................................................................................18
10.15 RESOLUTION OF CONTRACT DISPUTES..............................................................18
10.16 INDEPENDENT CONTRACTOR...............................................................................19
ATTACHMENT A - SCOPE OF WORK....................................................................................23
ARTICLEAl GENERAL.........................................................................................................23
A1.01 SCOPE OF SERVICES.............................................................................................23
A1.02 WORK ORDERS.......................................................................................................24
ARTICLE A2 BASIC SERVICES.............................................................................................24
A2.01 DEVELOPMENT OF OBJECTIVES................................................................24
A2.02 SCHEMATIC DESIGN..............................................................................................25
A2.03 DESIGN DEVELOPMENT ......................................
......26
A2.04 CONSTRUCTION DOCUMENTS.............................................................................26
A2.05 BIDDING AND AWARD OF CONTRACT.................................................................27
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT
...................................28
ARTICLE A3 ADDITIONAL SERVICES..................................................................................30
A3.01 GENERAL.................................................................................................................30
A3.02 EXAMPLES...............................................................................................................30
A3.03 ADDITIONAL DESIGN..............................................................................................33
ARTICLE A4 CITY'S RESPONSIBILITIES............................................................................33
A4.01 PROJECT AND SITE INFORMATION......................................................................33
A4.02 CONSTRUCTION MANAGEMENT...........................................................................33
SCHEDULE A2. - KEY STAFF.................................................................................................34
ATTACHMENT B - COMPENSATION AND PAYMENTS.........................................................41
ARTICLE B1 METHOD OF COMPENSATION. ..........................................................................
41
B1.01 COMPENSATION LIMITS.........................................................................................41
B1.02 CONSULTANT NOT TO EXCEED............................................................................41
ARTICLE B2 WAGE RATES..................................................................................................41
B2.01 FEE BASIS...............................................................................
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS ..........................
B2.03 MULTIPLIER............................................................................
B2.04 CALCULATION........................................................................
B2.05 EMPLOYEE BENEFITS AND OVERHEAD ..............................
B2.06 ESCALATION..........................................................................
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION ...............
B3.01 LUMP SUM..............................................................................
B3.02 HOURLY RATE FEES..............................................................
B3.03 REIMBURSABLE EXPENSES .................................................
B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES ............
B3.05 FEES FOR ADDITIONAL SERVICES ......................................
B3.06 PAYMENT EXCLUSIONS........................................................
B3.07 FEES RESULTING FROM PROJECT SUSPENSION ..............
ARTICLE B4 PAYMENTS TO THE CONSULTANT ...............................
B4.01 PAYMENTS GENERALLY.......................................................
B4.02 FOR COMPREHENSIVE BASIC SERVICES ..........................
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B4.03 BILLING - HOURLY RATE.......................................................................................44
B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES ......44
B4.05 DEDUCTIONS., ..... ....... ...................................... ..................... ....................... 44
ARTICLE B5 REIMBURSABLE EXPENSES...........................................................................44
B5.01 GENERAL.......................................................... ................. .....................................44
.
B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS................................................45
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS...............45
B6.01 GENERAL.................................................................................................................45
SCHEDULE 61 - WAGE RATES SUMMARY........................................................................46
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CITY OF MIAMI
7 OFFICE OF CAPITAL IMPROVEMENTS
.:- e`
PROFESSIONAL SERVICES AGREEMENT
Architecture and Engineering Services for Miami Marine Stadium
Service Category Restoration Prosect, B-30688 (RFQ 14-15-018)
Contract Type Fixed Price
Consultant R. J. Heisenbottle Architects, P.A.
Consultant Office Location 2199 Ponce De Leon Blvd., Suite 400, Coral Gables, FL 33134
City Authorization Resolution No.
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") made this day of
in the year 2017 by and between THE CITY OF MIAMI, FLORIDA, hereinafter
called the "City," and R.J. Heisenbottle Architects, P.A., hereinafter called the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 14-15-018 on December
15, 2015, for the provision of Architecture and Engineering Services for the Miami Marine Stadium
Restoration (the `Project"), and Consultant's Proposal in response thereto, was selected as the
most qualified for the provision of said Services. The RFQ and the Consultants Proposal are
sometimes referred to herein, collectively, as the Solicitation Documents, and are, by this
reference, expressly incorporated into and made a part of this Agreement, as if set forth in full.
The Solicitation Documents are deemed as being attached hereto and incorporated by reference
herein as supplemental terms, providing, however, that in the event of any conflicts(s) with the
terms of this Agreement, this Agreement shall control and supersede any such conflicts(s).
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.
C. WHEREAS, the City is awarding this Agreement as provided herein for the Project.
The City, acting by and through its City Manager, as further detailed in the Scope of Work -
Attachment A, as may be amended from time to time, prior to issuance of any Notice to Proceed
or at other reasonable intervals decided by the City Manager, may elect at the City's discretion,
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to proceed with the Work on a phased basis. The phases of this Project may be substantially in
conformance with the Schedules indicated below:
1. Phase 1 - Pre -Design Planning and Study Activities to include a Building
Assessment and Recommendations Report, Building Programming, Budget Cost Estimate
and Documentation of Existing Conditions. During this phase, the Consultant shall prepare a
Building Assessment and Recommendations Report, Building Programing, Preliminary Budget
Cost Estimate and Document the Existing Conditions of the structure also known as, Commodore
Ralph Munroe Marine Stadium, all as more fully described in the Scope of Work - Attachment A.
2. Phase 2 - Schematic Design Phase. During this phase, the Consultant shall consult with
the City to ascertain the specific requirements of the Project and prepares Schematic Design
proposals consisting of drawings and other documents illustrating the scale and relationship of
the Project components for approval by the City. The Consultant shall further submit to the City a
Statement of Probable Construction Cost based on current area, volume or other unit costs. It
shall be within the City's discretion to accept that Statement of Probable Construction Cost or not
after negation, if the City deems negotiation is necessary.
3. Phase 3 - Design Development Phase. During this phase, the Consultant shall prepare
Design Development Documents which fix and describe the size and character of this entire
Project as to architectural, structural, mechanical, marine, and electrical systems and such other
elements as may be appropriate.
4. Phase 4 - Construction Documents Phase. During this phase, the Consultant shall
prepare the Construction Documents and assist the City in preparation of the bidding documents
based on the approved Design Development Documents.
5. Phase 5 - Bidding and Negotiation Phase. During this phase, the Consultant shall
assist the City with the competitive bidding process, evaluation of the bids received and the
awarding of the construction contract.
6. Phase 6 - Construction Phase and Administration of the Construction Contract.
During this phase, the Consultant shall assist the City with the administration of the construction
contract.
7. General Requirements.
(a) Each phase shall have established a Guaranteed Maximum Cost inclusive of all
professional fees, labor and material, for performing the specified Work for such phase.
This shall be required for any Notice to Proceed, for any phase, and shall be agreed to by
the parties in writing. Reimbursable Expenses for each phase shall be estimated.
(b) The City, acting by and through its City Manager, at its discretion may elect to negotiate
and proceed with Phases 2, 3, etc. et. al., or some or all or none of the phases following
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Phase 1. This decision by the City shall be final and shall be in the exercise of the discretion
of the City Manager and may not be appealed by the Consultant who shall have no recourse
from such decision except to be paid for the Work previously authorized and submitted;
(c) The satisfactory completion of the Work in the preceding Phase shall be a condition
precedent to authorization from the City to proceed or commence the Work on any
subsequent phase.
WITNESSETH, that the City and the Consultant, for the considerations and stipulations herein
set forth, agree as follows:
All recitals set forth above in the preamble to this Agreement are incorporated by reference herein
and expressly made a part of this Agreement.
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PROFESSIONAL SERVICES AGREEMENT
Miiami Marine Stadium Restoration Project
ARTICLE 1 DEFINITIONS
1.01 Additional Services mean any Work defined as such in a Work Order, secured in compliance with
Florida Statutes and City Code.
1.02 Attachments mean the Attachments to this Agreement which are expressly incorporated by
reference and made a part of this Agreement, as if set forth in full.
1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic
Services,
1.04 Basic Services mean those Services designated as such in a Work Order.
1.05 City Commission means the legislative body of the City of Miami.
1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. The Director
may consult with the City Manager regarding major or substantial decisions involving this Agreement.
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 Commission means the legislative body of the City of Miami.
1.09 Community Business Enterprise ("CBE") means an architectural, landscape architectural,
engineering or surveying and mapping professional services, including a design -build firm, as defined in
Section 2-10.4.01 of the Code of Miami -Dade County.
1.10 Consultant means the individual, partnership, corporation, association, joint venture, limited liability
Company, or any combination thereof, of properly registered professional architects, and/or engineers,
which has entered into the Agreement to provide professional services to the City.
1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any
combination thereof, which has entered into a contract with the City for construction of City facilities and
incidentals thereto.
1.12 Director means the Director of the City's Office of Capital Improvements, or authorized designee,
who holds the authority and responsibility for managing the entirety of the Project(s) covered under this
Agreement.
1.13 Errors mean items in the plans, specification or other documents prepared by the Consultant that
are shown incorrectly, which results in a change to the Services and results in the need for the construction
Contractor to perform rework or additional work, or which causes a delay to the completion of construction.
1.14 Errors and Omissions mean design deficiencies in the plans, specification or other documents
prepared by the Consultant, which must be corrected in order for the Project to function, or be built, as
intended.
1.15 Inspector means an employee of the City or of a consulting firm hired and assigned by the City, to
make observations of Work performed by a Contractor.
1.16 Notice to Proceed or Authorization to Proceed means a duly authorized written letter or directive
issued by the Director or Project Manager, acknowledging that all conditions precedent have been met,
and directing the Consultant to begin Work on the Project(s).
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PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
1,17 Omissions mean items in the plans, specification or other documents prepared by the Consultant
that are not shown or included which are necessary for the proper and/or safe operation of the Project(s)
or required to meet the Scope of Services.
1.18 Project Manager means an employee or representative of the City assigned by the Director to
manage and monitor the Services to be performed under this Agreement and the construction of a project
as a direct representative of the City.
1.19 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(s) shall be further defined in the
Scope of Services and/or Work Orders issued by the City, pursuant to this Agreement.
1.20 Professional Services mean those Services within the scope of the practice of architecture.
professional engineering, or registered surveying and mapping, as applicable. and 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 their professional employment or practice. These services may be
abbreviated herein as "architectural/ engineering services" or "professional services", as applicable. which
are within this definition.
1.21 Professional Services Agreement ("Agreement" or "PSA') means this Agreement and all
attachments and any authorized amendments thereto. In the event of a conflict between the Request for
Qualifications (RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any
conflict between the Consultant's Proposal responses to the RFQ. this PSA shall control. In the event of
any conflict between this PSA and its attachments, this PSA shall control.
1.22 Risk Administrator means the Director of the City's Risk Management Department or authorized
designee, who holds the authority and responsibility of administering all matters relating to insurance
and risk of loss for the City.
1.23 Scope of Service or Services means a comprehensive description of the activities, tasks, design
features, objectives, deliverables and milestones required for the completion of the Project(s), or an
assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its
completion.
1.24 Subconsultant/Subcontractor 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.
1.25 Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, 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.
1.26 Work means all professional services provided by/under this Agreement with the Consultant.
1.27 Work Order means a document internal to the City, authorizing the performance of specific
professional services for a defined Project(s).
1.28 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 the Project(s). or for Additional
Services.
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PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
ARTICLE 2 GENERAL CONDITIONS
2.01 TERM
The term of this Agreement shall be effective until final completion of construction of the Project(s), and
final payment is made to the Consultant. The City. by action of the City Manager, shall have the option to
extend subject to the 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 2.03-1 are not exceeded.
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). The City will not
issue new Work Orders after the expiration date.
2.02 SCOPE OF SERVICES
Consultant agrees to provide the Services as specifically described and set forth in Scope of Work —
Attachment A hereto, which by this reference is incorporated into and made a part of this Agreement.
2.03 COMPENSATION
2.03-1 Compensation Limits
The amount of compensation payable by the City to Consultant shall generally be a lump sum not to
exceed fee, based on the rates and schedules established in Attachment B hereto, which by this
reference is incorporated into this Agreement; provided, however, that in no event shall the amount of
compensation (total) payable to the Consultant by the City, exceed $1,295, 624.81 for Phase 1, as
detailed in Exhibit 1, Phase 1 Total Fees Summary, prior to the start of Phase 2 Services, unless
explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect
by written amendment to this Agreement. Phase 1 compensation encompasses basic services in the
amount of S708.603.61. in addition to additional services/allowances. in an amount not to exceed
$493.721.20, and an estimated $93.300.00 of Reimbursable Expenses, to be approved by the City.
respectively. at its sole discretion, and with supporting documentation and Consultant's professional
methodology. The City may. at its sole discretion, use other compensation methodologies. The fee may
never exceed the basic service limitations provided in §287.055 (2) (g), Florida Statutes.
2.03-2 Payments
Unless otherwise specifically provided in Attachment B, Schedule B1 —Wage Rate Summary, 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. Florida Statutes, and to allow a proper audit of expenditures. should the City require one to
be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills for travel
expenses shall be submitted in accordance with Section 112.061, Florida Statutes.
ARTICLE 3 PERFORMANCE
3.01 PERFORMANCE AND DELEGATION
The Services hereunder shall be performed by the Consultant's own staff or approved Subconsultants,
unless otherwise provided in this Agreement, or approved, in writing by the City. Any such approval shall
not be construed as constituting an agreement between the City and any other person or firm.
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL
Director may make written request to the Consultant for the prompt removal and replacement of any
personnel employed or retained by the Consultant, or any Subconsultants or subcontractors, or any
personnel of any such Subconsultants or subcontractors engaged by the Consultant to provide and perform
Services or Work, pursuant to the requirements of this Agreement. The Consultant shall respond to 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
shall be made by the Consultant. Such request shall solely relate to said employees' Work under this
Agreement.
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PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
3.03 CONSULTANT KEY STAFF
The parties acknowledge that the Consultant was selected by City, in part, on the basis of qualifications of
particular staff identified in Consultant's Proposal to City's solicitation, hereinafter referred to as "Key Staff'.
Consultant shall ensure that Key Staff are available for Work hereunder as long as said Key Staff is in
Consultant's employ. Consultant shall obtain prior written acceptance of Director to change Key Staff.
Consultant shall provide Director with such information as necessary to determine the suitability of proposed
new Key Staff. Director shall act reasonably in evaluating Key Staff qualifications. Such acceptance shall
not constitute any responsibility or liability by the Director, for the individual's ability to perform.
3.04 TIME FOR PERFORMANCE
The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed issued by the
Director and to complete each assignment. task or phase within the time stipulated in the Notice to Proceed.
Time is of the essence with respect to performance of this Agreement.
A reasonable extension of the time for completion of various assignments, tasks or phases may be granted
by the City, should there be a delay on the part of the City in fulfilling its obligations under this Agreement
as stated herein. Such extension of time shall not be cause for any claim by the Consultant for extra
compensation.
3.05 STANDARD OF CARE
Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall
perform all Services in compliance with Florida Administrative Code Rule 61G15-19.001(4) and Section
471.033(1) of the Florida Statutes, as amended. Consultant shall perform due diligence, in accordance with
standard of care in the community, 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, specifications, 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 wholly from any errors. omissions,
and/or deficiencies in its designs, drawings, specifications or other Services.
3.06 INDIVIDUAL PROFESSIONALS
AS PROVIDED BY FLORIDA LAW, CONSISTENT WITH
SECTION 558.0035, FLORIDA STATUTES, CITY AGREES THAT
THE INDIVIDUAL PROFESSIONALS EMPLOYED BY THE
CONSULTANT, WHO PROVIDE PROFESSIONAL SERVICES
ON THIS PROJECT SHALL NOT BE HELD LIABLE OR BE SUED
FOR THEIR PROFESSIONAL NEGLIGENCE, PROVIDED
THAT THE INDIVIDUAL PROFESSIONALS ARE DIRECT
EMPLOYEES OF THE CONSULTANT, AND NOT ACTING OR
PERFORMING THE DUTIES OF A SUBCONSULTANT OR
INDEPENDENT CONTRACTOR. THE CITY AGREES THAT ITS
SOLE REMEDY IS WITH THE CONSULTANT, WHICH SHALL
MAINTAIN ITS INSURANCE COVERAGE AS REQUIRED BY
THIS AGREEMENT AND FLORIDA STATUTES. The
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PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
Consultant must continuously comply with the insurance and other
requirements of Section 558.0035 in order to afford themselves the
protections of this Statute. The City reserves all of its legal rights
and remedies excepting only as limited by Section 558.0035, as it
may be applicable to individual professional.
ARTICLE 4 SUBCONSULTANTS
4.01 GENERAL
4.01-1 A Subconsultant, as defined in Article 1.24 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.
4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director,
entered into a written agreement with the Consultant to furnish unique and/or specialized
professional services necessary for the Project or task described under Additional Services. Such
Specialty Subconsultant shall be in addition to those identified in Schedule Al.
4.02 SUBCONSULTANT RELATIONSHIPS
4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written
agreements between the Consultant and the Subonsultants, which shall contain provisions that
preserve and protect the rights of the City under this Agreement.
4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship
between the City and the Subconsultants. The Consultant acknowledges that the Subconsultants
are entirely under its direction, control, supervision, retention and/or discharge.
4.03 CHANGES TO SUBCONSULTANTS
The Consultant shall not add, modify or change any Subconsultant listed in Schedule Al without prior
written approval from the Director, 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 material term or condition of this Agreement, or fails to perform
any of its material 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, upon written notice to the
Consultant and a seven (7) calendar day opportunity to fully cure the condition giving rise to the default,
may 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.
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Miami Marine Stadium Restoration Project
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, subject to any
reasonable extensions of time.
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE
The City, through the Director, 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 seven (7) calendar days, after
which time the City may terminate the Agreement. 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 or as a direct and proximate result of the negligent acts or omissions of
City, then the City may allow an extension of time reasonably commensurate with the cause of such failure
to perform or cure.
ARTICLE 6 TERMINATION OF AGREEMENT
6.01 CITY'S RIGHT TO TERMINATE
The City, through the Director, has the right to terminate this Agreement for any reason or no reason, upon
ten (10) calendar 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 within ten (10) calendar 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.
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 compliance with the Agreement, as full and final settlement of any claim, action,
demand, cost, charge or entitlement it may have, or shall, have against the City, its officials or employees.
6.02 CONSULTANT'S RIGHT TO TERMINATE
The Consultant shall have the right to terminate this agreement, in writing, following breach by the City, if
breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt
of a written statement from the Consultant 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 shall be considered works made for hire and shall, 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 shall be made
available, on request, to the City at any time during the performance of such services and/or upon
Page 12 ol'51
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PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
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 and display and marketing
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) calendar days of cancellation, or within ten (10) calendar 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 REUSE BY CITY
It is understood that all Consultant agreements and/or Work Orders for new Work shall include the provision
for the reuse 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 shall not be liable for re -use by the City of plans, documents.
studies, or other data for any purpose other than that intended by the terms and conditions of this
Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, 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 rendered by the Consultant hereunder, and the Consultant shall require all of its
employees, agents, Subconsultants, and Subcontractors to comply with the provisions of this paragraph.
7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS
The Consultant shall 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
shall 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. Should Consultant determine to dispute any public access provision required by
Florida Statutes, then Consultant shall do so at its own expense and at no cost to the City.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT BETTY DOYLE, (305) 416 - 1915, BDOYLE(DMIAMIGOV.COM,
Pace 13 rf ; t
PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
PROCUREMENT DEPARTMENT, 444 S.W. 2ND AVENUE, 6T" FLOOR,
MIAMI, FLORIDA 33130.
ARTICLE 8
INDEMNIFICATION
The Consultant shall indemnify. defend at its own cost and expense 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 shall survive the cancellation or expiration of the Agreement. This indemnity shall 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.
The Consultant shall require all Subconsultant agreements to include a provision that they shall 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 Subconsultant, under this Agreement.
Ten dollars (S10) 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 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 Administrator, 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 City's 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. Consultant shall maintain coverage with equal or
better rating as identified herein for the term of this contract. Consultant shall provide written notice to the
City's Department of Risk Management of any material change, cancellation and/or notice of non -renewal
Pase 1.4 L)1_51
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PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
of the insurance within thirty (30) calendar days of the change. Consultant shall furnish a copy of the
insurance policy or policies upon request of the Risk Administrator.
Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator
within ten (10) calendar days of written request.
9.03 FORMS OF COVERAGE
9.03-1 COMMERCIAL GENERAL LIABILITY
The Consultant shall maintain Commercial General Liability coverage with limits of at least
$1,000,000.00 per occurrence, 82,000,000.00 aggregate for bodily injury and property damage.
The coverage shall include Premises and Operations, Contingent and Contractual Liability, and
Products and Completed Operations, with additional endorsements, as applicable. 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
thirty (30) calendar days. ten (10) calendar days for nonpayment.
9.03-2 BUSINESS AUTOMOBILE
The Consultant shall provide business Automobile Liability coverage including coverage for all
owned, hired and non -owned autos with a minimal combined single limit of $1,000,000.00 naming
the City as an additional insured with respect to this coverage. Notice of cancellation should read
thirty (30) calendar days. ten (10) calendar days for nonpayment.
9.03-3 PROFESSIONAL LIABILITY INSURANCE
The Consultant shall maintain Professional Liability coverage including Errors and Omissions
coverage in the minimum amount of 82,000.000.00 per claim, 82,000,000.00 aggregate providing
for all sums which the Consultant shall be legally obligated to pay as damages for claims arising
out of the Services performed by the Consultant or any person employed by the Consultant in
connection with this Agreement. This insurance shall be maintained for at least one year after
completion of the construction and acceptance of any Project covered by this Agreement.
9.03-4 WORKERS' 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 $500.000.00
each occurrence.
9.03-5 SUBCONSULTANT COMPLIANCE
Consultant shall ensure that all Subconsultants comply with the aforementioned insurance
requirements.
9.04 MODIFICATIONS TO COVERAGE
The Risk Administrator reserves the right to require modifications, increases, or changes in the required
insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30)
calendar days' written notice to the Consultant, in accordance with §10.05 herein. Consultant shall comply
with such requests unless the insurance coverage is not then readily available in the national market, and
may request additional consideration from City accompanied by justification.
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS; INSPECTION 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.
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PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
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 but shall be entitled to compensation for Authorized Work satisfactorily
completed up to the date of termination. 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 shall 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 shall 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
except in actions arising out of the Consultant's duties to indemnify the City under Article 8, Indemnification
where the Consultant shall pay the City's reasonable attorney's fees.
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
otice:
For City of Miami:
Annie Perez, CPPO
Director
Procurement Department
City of Miami
444 S.W. 2"d Ave.. 6t' FL
Miami, Florida 33130
Puce 16 of 51
PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
With Copies to:
Jeovanny Rodriguez, P.E.
Director
City of Miami
Office of Capital Improvements
444 S.W. 2nd Ave., 81h FL
Miami, Florida 33130
For Consultant:
Richard J. Heisenbottle, FAIA, Principal/President
R.J. Heisenbottle Architects, P.A.
2199 Ponce de Leon Boulevard
Suite 400
Coral Gables, Florida 33134
10.06 INTERPRETATION
The language in 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.
10.07 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.
10.08 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.
10.09 MEDIATION - WAIVER OF JURY TRIAL
In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the
design and /or construction of the subject Project(s), and/or following the completion of the Projects(s), the
parties to this Agreement agree all disputes between them shall be submitted to non-binding mediation
prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who
the parties find mutually acceptable, shall conduct any Mediation Proceedings in Miami -Dade County, State
of Florida. The parties shall split the costs of a certified mediator on a 50/50 basis. The Consultant agrees
to include such similar contract provisions with all Subconsultants and/or independent contractors and/or
the Consultants retained for the Project(s), thereby providing for non-binding mediation as the primary
mechanism for dispute resolution. Each party shall 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 in
any action arising under this Agreement.
10.10 TIME
Time is of the essence in this Agreement.
10.11 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.
PaUre 17 of 51
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PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law
in connection with the performance of this Agreement.
10.11-1 NON-DISCRIMINATION
The City warrants and represents that it does not and shall 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, gender. religion. age. disability. marital status or national origin.
The Consultant further covenants that no otherwise qualified individual shall. solely by reason of his/her
race, color, gender, religion, age, disability. marital status or national origin, be excluded from
participation in, be denied services, or be subject to discrimination under any provision of this
Agreement.
10.11-2 OSHA COMPLIANCE
The Consultant warrants that it shall 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.
10.11-3 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 ensure nondiscrimination in employment of disabled persons.
10.12 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.
10.13 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.
10.14 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 10.05, 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, as identified in Article 10.05, Notices.
Upon receipt of said notification, the Director shall review the issues relative to the dispute and issue a
written finding.
Should the Consultant and the Director fail to resolve the dispute, the Consultant shall submit their dispute
in writing within ten (10) 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 of Procurement shall review the issues relative to the dispute and issue a written finding.
The Consultant must submit any further appeal in writing within ten (10) calendar days of the Director of
Procurement's findings 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 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
Pace I8 ul 51
12 6 2016
PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
(ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed
statement of the dispute, accompanied by supporting documentation, or a period of ninety (90)
calendar 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.
10.15 INDEPENDENT CONTRACTOR
The Consultant has been procured and is being engaged to provide Services to the City as an independent
contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be
entitled to, any rights or benefits under the Civil Service or Pension 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.
10.16 CONTINGENCY CLAUSE
Funding for this Agreement is contingent upon the availability of funds and the continued authorization for
Project activities. The Agreement is subject to amendment or termination due to lack of funds, reduction of
funds and/or change in regulations, upon thirty (30) calendar days' notice. However, Consultant is entitled
to full payment for all authorized work satisfactorily completed prior to the date of termination and no more.
10.17 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.
10.18 ADDITIONAL TERIWS AND CONDITIONS
No additional terms and conditions included with the Consultant's Proposal 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 Agreement. 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 Agreement are the only conditions applicable
to this Agreement, and that the Consultant's authorized signature affixed to the Consultant's
acknowledgment form attests to this. If a PSA or other Agreement is provided by the City and included in
this Agreement, 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, shall 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.
Paque 19 of 51
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PROFESSIONAL SERVICES AGREEMENT
Miami Marine Stadium Restoration Project
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST: R.J. HEISENBOTTLE ARCHITECTS, P.A., a
Florida profit corporation
_ � ( l✓Gvi
C
Print Name, Title
ATTEST:
Consultant Secretary
(Affirm Consultant Seal, if available)
ATTEST:
Todd B. Hannon, City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Risk Management Department
12,6 2016
Name, Title of Au orized Officer or Official
(Corporate Seal)
(_PENT
CITY OF MIAMI, a municipal corporation of the
Mata of Firwirin
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
Parc 20 of -5 I
CERTIFICATE OF AUTHORITY
(IF CORPORATION OR LLC)
I TrHEREBY CERTIFY that at a meeting of the Board of Directors of
9.-T t (4�� ! < APe-4 Iccs FA-, a corporation organized and existing under
the laws of the State of jt3A (L{Dit 1, held on the 7 day of M 5ie ZO I , a
resoluti n was duly passed and adopted authorizing (Name) R1c 1180 44c N go�iF.0 as
(Title)rL�rifDEf� of the corporation to execute agreements on behalf of the
corporation and p ing that his/her execution thereof, attested by the secretary of the
corporation, shall b t e official act y nd deed of the corporation.
I further certify thas id resolution,fiemains in full force and effect.
IN WIT ES WHEREOF I have he set my hand this day of
20 ((o
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:
IVdfflub dllu duulC55CD ul PdJ111015.
Name 7Street Address City State zip
Pate 21 or51
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)
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 Ce� jq M t _ VLC:t e )
The foregoing instrum nt was ackno ledged before me this ay V,,
�_, 20�, by �ic� ak>QN4, R'who is p r onally kno
to me has produced as identification a o (did /
did not) take an oath.
SIGNATURE Or NOTARY PUB *"`"4 MY COMMISSION $ALU ARDOFF 105034
STATE OF FLORIDA EXPIRES March 25,2018
'T?;q,, py,.•° Bonded Thru Notary Pubic Underwriters
PRINTED, STAMPED OR TYP
NAME OF NOTARY PUBLIC
Parse 22 of 5 1
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
The Consultant shall perform the specialty design Work for the Miami Marine Stadium Restoration under
historical preservation and restoration professional practice. The City of Miami's intention is to conduct a
faithful and accurate phased restoration of the Miami Marine Stadium for public use in accordance with the
Scope of Services. Phase 1, as agreed to by the City and the Consultant. incorporated as part of this
Agreement hereto, and as detailed Exhibit 2, shall initiate building conditions assessments and
recommendations report: building programming services: cost estimating services and documentation of
existing conditions.
Services shall include. but are not limited to, complete planning and design services, programming,
surveying. geotechnical, architecture, historic preservation. structural, marine and environmental services,
site analysis, feasibility studies, options evaluations, public meetings. irrigation, lighting, electrical,
landscaping, parking analysis, detailed facility assessments, cost estimates, opinions of probable
construction cost, preparation of bid and construction documents, review of work prepared by
Subconsultants and other consultants. field investigations and observations, construction contract
administration, as -built documentation and other related architectural services as needed to complete the
Project. Consultant shall provide comprehensive 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).
The City may also require the Consultant to perform plans review and landscape architecture services.
Consultant shall provide design, construction documents. construction administration and related services
necessary for the design, construction administration and observation services of the Project.
A1.01 SCOPE OF SERVICES
The Consultant agrees to provide comprehensive professional Services in accordance with all applicable
laws and 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
professional services for the Project including. but not limited to those described in Section At "General"
above.
The City shall 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.
The Consultant shall provide all required investigations, studies, land survey, location of underground
utilities and structures. geotechnical services, marine and environmental design, special underwater
surveys, structural design repairs, electrical design, mechanical design, architectural historic preservation,
architectural schematic design, design development, construction documents, construction permits, bidding
and construction administration services.
The Consultant shall have an architectural historic preservation expert as part of the Project team. The
Consultant shall be responsible for submitting all forms and reports to the City of Miami's Preservation
Office and/or to the City of Miami Historic and Environmental Preservation Board (HEPB) to obtain final
approvals.
All professional Services rendered by the Consultant shall be in accordance with the Secretary of the
Interior's Historic Preservation Professional Qualification Standards. as well as regulations and guidelines
of Florida Department of State — Florida Division of Historical Resources as follow:
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Federal
• Section 106 of the National Historic Preservation Act of 1966 (Public Law 89-665), as amended
in 2000
State
• 36 C.F.R.. Part 800: Protection of Historic Properties
• Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (36
C.F.R. 68)
• Professional Qualification Standards (48 FR 44716, September 29, 1983)
• Standards and Guidelines for Archeology and Historic Preservation (as amended and annotated
by the National Park Service)
• Standards for the Treatment of Historic Properties, 1995
• Chapter 267. Florida Statutes
• Management Procedures and Guidelines for Archaeological and Historical Sites and Properties on
State-owned or Controlled Lands
• Archaeological Reports Standards and Guidelines. Chapter 1A-46, Florida Administrative Code
All current Building Codes. Local City Code and Ordinance shall be complied with in the proposed
restoration of the Miami Marine Stadium,
All Schematic Design, Design Development and Construction Documents and other phase Services shall
be completed by the Consultant within one (1) year from the date of the Notice To Proceed. Also, the
construction documents shall be produced for three (3) consecutive phases and set of plans. The City shall
be able to bid and award the construction work of the Project(s) in separate bid periods.
The City of Miami reserved the right to exclude any Service deemed adequate at the time of execute the
Agreement.
The Miami (Marine Stadium Restoration design shall accurately depict the form, materials. features and
character of the building as it appeared at its particular period of time. but it is possible that inconsistent
and or unsafe features may need to be removed, replaced or faithfully reconstructed in accordance with
the restoration period. The restoration shall comply with code accessibility such as parking, routes, ramp,
guardrails, handrails, designed disable space for spectator in wheelchairs. restrooms. shower stalls in
dressing rooms. drinking fountains. doors clearances, turning space.. and riser and treads in stairs.
Furthermore, the facility shall meet the requirements for Safety, Electrical. Mechanical and High Velocity
Hurricane Zones of the latest revision of Florida Building Code.
A1.02 WORK ORDERS
A1.02-1 PROCEDURES
When the City has determined that a specific Phase of the Project is to proceed, the Director shall
request in writing, a Work Order Proposal from the Consultant. The Consultant and Director, and
others City staff. as appropriate, may have preliminary meetings, if warranted. to further define the
Scope of Services and to address 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, Subconsultants, and deliverable items and/or documents.
The Director 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.
the Project Manager shall prepare a Work Order that shall be reviewed by the Director. Upon
approval, Project Manager shall issue a written Notice to Proceed to the Consultant, subsequent
to approval of the Work Order by the Director.
ARTICLE A2 BASIC SERVICES
Consultant agrees to provide complete architecture. historic preservation expertise, engineering and other
required 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.
Pa,!e 24 of
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 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 professional standard of
care for Architects and Engineers under Federal and State laws, in gathering information and observing a
Project site prior to the commencement of design. Consultant shall be responsible for the professional
quality, 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.
A2.01 SCHEMATIC DESIGN PHASE
A2.02-1 Schematic Design
1. Consultant shall confer with representatives of City, the Project Manager, and other
jurisdictional agencies to develop several options for how the various elements of the Project
shall be designed and constructed.
2. Consultant shall, utilizing a compilation of available documentation, confer with representatives
of City, the Project Manager, and other jurisdictional agencies in order to comprehensively
identify aspects of the completed facility program that may require further refinement.
3. Consultant shall prepare and present, in writing and at an oral presentation if requested, for
approval by the City. Schematic Design Studies, including an identification of any special
requirement affecting the Project, a Statement of Probable Construction Costs, Project
Development Schedules and review of Constructability Review reports.
4. Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations,
sections, and all other elements required by City's 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. Consultant shall prepare Historic Structure
Report including the conservation analysis and all investigation report. Consultant shall
formulate schematic environmental drawings to submit to the Army Corp of Engineer, Florida
Department of Environmental Protection and Department of Resources and Management —
Dade County, City of Miami Planning and Zoning Department to obtain preliminary approvals.
5. A Statement of Probable Construction Costs, 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 but is not a guarantee of the actual
construction cost as Consultant is not an expert on cost estimation and is not a contractor.
6. The Project Development Schedule shall show the proposed completion date of each task of
the Project through design, bidding, and post design services.
7. Constructability Review reports shall be conducted by the City and its assigned consultants at
design stages deemed necessary by the Project Manager. As a Reimbursable Expense, the
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Consultant shall provide five (5) 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 City. 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, City may
coordinate Constructability Review meetings with some or all of the reviewers, with Consultant
present to discuss specific issues. In addition to the Constructability Review process
mentioned above, 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 City. Any findings as a
result of said Peer Review would be addressed by Consultant, and if requested by City, would
be incorporated into the design documents, at no additional cost to City and no extension of
time to the schedule. unless Consultant is delayed by the untimely work of peer reviewer or
City.
A2.03 DESIGN DEVELOPMENT PHASE
From the approved Schematic Design documents. Consultant shall prepare for approval by City, separate
Design Development Documents. updated Project Development Schedules, updated Statements of
Probable Construction Costs. During this Phase. the Consultant shall obtain design approvals from
environmental agencies having jurisdiction over the Project, City of Miami Historic and Environmental
Preservation Board, and the State Historic Preservation Office.
1. The Design Development Documents shall consist of drawings (i.e., site plans, floor plans, elevations,
and sections, etc.) outline specifications, and other pertinent documents.
2. Design Development consists of continued development and expansion of architectural and
engineering 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
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.
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.
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 a 50% review submittal and a 100% Final Construction Documents submittal for
an "On Board Stand Up Review" 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 50% and 100% 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 shall be submitted to the City
along with the 100% Construction Documents.
4. Consultant may also be authorized by the City 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 shall be submitted with both the 50% and 100%
Final Construction Document submittals. Documents for Divisions "0" and 1" shall be provided by
the City.
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6. Consultant shall include, and shall 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 shall 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. Following the "On Board Stand Up" Review by the City, the Consultant shall resolve all questions
indicated on the documents and make all changes to the documents necessary in response to the .
review commentary. Consultant shall provide an appropriate response to all review comments
noted on these previously submitted documents.
The Consultant shall submit four (4) full size copies of the drawings and specifications, and one (1)
digital copy in .pdf format.
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) calendar
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 percent
(10%) 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 Director 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, and acceptance by the City of the 100% Construction Documents and latest Statement of
Probable Construction Cost, the Consultant shall assist the City in the competitive solicitation of bids
and in preparing and awarding the construction contract. The City, for bidding purposes, shall have the
bid documents printed, or at its own discretion, and may authorize such printing as a reimbursable
service to the Consultant.
A2.05-2 Issuance of Solicitation Documents, Addenda and Bid Opening
1. The City shall issue the Solicitation Documents to prospective bidders. The Consultant shall
assist the City in the preparation of responses to questions, if any are required during the
bidding period. All clarifications and responses shall be issued by the City, via addenda.
2. The Consultant shall prepare revised plans, if any are required, for the City to issue to all
prospective bidders.
3. The City may schedule a "Pre -Bid Conference" on an as needed basis, for the Project. The
Consultant shall attend all any pre-bid conference(s) and require attendance of Subconsultants
at such meetings. as may be necessary, at the City's sole discretion.
4. The Consultant shall 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 determining responsiveness of bids and in the preparation of
documents for Award of a contract. If the lowest. responsive bid received exceeds the Total Allocated
Funds for Construction, the City may:
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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 unless Consultant is asked to perform additional
services and a written amendment embodies such additional services.
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 ten percent (10%) of the Fixed Construction Budget provided to the Consultant, and
as may be modified by the City and the Consultant, prior to soliciting bids.
4. Suspend. cancel or abandon the Project but Consultant shall be compensated for all authorized
Work performed under and in accordance with this Agreement, or any issued Work order which
is substantially completed.
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 subject to the percentage threshold limitation included above.
A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT
A2.06-1 The Construction Phase shall begin with the issuance of the Notice to Proceed and shall
end when the Consultant has provided to the City all post construction documents, including Contractor
As -Built drawings. Consultant's record drawings, warrantees. guarantees, operational manuals, and
Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to
the Consultant. During this period, the Consultant shall provide administration of the construction
contract as provided by this Agreement, and as provided by law.
A2.06-2 The Consultant, as the representative of the City during the Construction Phase, 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 shall visit the Project(s) site to conduct field observations,
at a minimum of twice per month. and at all critical construction events, to ascertain the progress of the
Project. Consultant 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 as an
Additional Service to the City. The Consultant shall report on the progress the Work, including any
defects and deficiencies that may be observed. The Consultant shall 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 shall be responsible for writing and
distributing minutes of all meetings and field observations report it is asked to attend. Consultant and
shall 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 shall 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 Consultant and require all Subconsultants 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.
The Consultant shall submit the reports in a timely manner. The Consultant and Subconsultants shall
ascertain that the Work is acceptable to the City. Consultant shall assist the City in ensuring that the
Contractor is making timely, accurate, and complete notations on the "as -built" drawings. Copies of the
field reports shall be attached to the monthly Professional Services payment request for construction
administration services. The Consultant's failure to provide written reports of all site visits or minutes of
meeting shall result in the rejection of payment requests and may result in a proportional reduction in
Construction Administration fees paid to the Consultant.
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A2.06-5
1. Based on observations at the site and consultation with the City. the Consultant shall determine
the amount due to the Contractor based on the pay for performance milestones and shall
recommend approval of such amount as appropriate. This recommendation shall constitute a
representation by the Consultant to the City that, to the best of the Consultant's knowledge.
information and belief, the Work has progressed to the point indicated and that, the quality of
the Work is in accordance with the contract and the Contractor is entitled to amount stated on
the requisition subject to: a detailed evaluation of the Work for conformance with the contract
upon substantial completion;
2. The results of any subsequent tests required by the contract;
3. Minor deviations from the contract correctable prior to completion;
4. Any specific qualifications stated in the payment certificate. and further that the Contractor is
entitled to payment in the amount agreed upon at a requisition site meeting. or as stated on the
requisition.
Prior to recommending payment to the Contractor, the Consultant shall 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 thereunder. The Consultant shall render interpretations necessary for the
proper execution or progress of the Work upon written request of either the City or the Contractor, and
shall render written decisions. within maximum of ten (10) calendar days with the exception of claims
involving voluminous documentation or support, 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. The Consultant shall not be liable to City
or Contractor as a direct result of its written decisions rendered hereunder.
A2.06-7 The Consultant shall have the authority to recommend rejection of Work which does not
conform to the Contract Documents. Whenever, in their reasonable opinion, the Consultant considers
it necessary or advisable to ensure compliance with the Contract Documents, the Consultant shall have
the authority to recommend special inspection or testing of any Work deemed to be not in accordance
with the Contract, whether or not such Work has been fabricated and/or delivered to the Project. or
installed and completed.
A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings.
samples, RFIs and other submissions of the Contractor. Changes or substitutions to the construction
documents shall not be authorized without concurrence of the City's Project Manager. The Consultant
shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, RFI's or other
submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments
indicating either approval or disapproval. Consultant shall provide the Contractor with a detailed written
explanation as to the basis for rejection. 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 Consultant's own observations or as requested by the City. and shall review and recommend
action on proposed changes. Where the Contractor submits a request for Change Order or Change
Proposal request. the Consultant shall, within ten (10) calendar days, review and submit to the City.
his/her recommendation or proposed action along with an analysis and/or study supporting such
recommendation.
A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for
substantial completion observation 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 general accordance with the contract requirements. The Consultant
shall in conjunction with representatives of the City and the Contractor prepare a punch -list of any
ll�iue 29 o['51
defects and discrepancies in the Work required to be corrected by the Contractor in accordance with
Florida Statute 218.735. Upon satisfactory completion of the punch -list the Consultant shall recommend
execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant
shall obtain from the Contractor upon satisfactory completion of all items on the punch -list, all necessary
close-out documentation from the Contractor including but not limited to all guarantees. operating and
maintenance manuals for equipment, releases of liens/claims and such other documents and
certificates as may be required by applicable codes. law, and the contract. and deliver them to the City
before final acceptance shall be issued to the Contractor.
A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's
compliance with its contract relative to 1 i initial instruction of City's personnel in the operation and
maintenance of any equipment or system. 2) initial start-up and testing, adjusting and balancing of
equipment and systems and 3) final clean-up of the Project to assure a smooth transition from
construction to occupancy by the City. However, the Contractor remains solely responsible to the City
for the content and completion of required instructions on maintenance, equipment and systems, start
up, testing, adjusting. balancing and clean up.
A2.06-12 The Consultant shall review the Contractor's "as built" drawings and submit them to the
City upon approval by the Consultant. The Contractor is responsible for preparing the "as built"
drawings.
A2.06-13 The Consultant shall furnish to the City the original documents, including drawings, revised
to "as -built" conditions to be prepared by Contractor: survey, and specific condition. In preparing the
"Record Set" documents the Consultant shall rely on the accuracy of the information provided by the
Contractor, including the Contractor's record drawings. Any certification required under this Agreement
including the contents of "as -built" documents is 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
shall be the Consultant's responsibility to incorporate into the "Record Set" and record documents.
Changes made in the field to suit field conditions, or otherwise made by the Contractor for its
convenience, shall be marked by the Contractor on the "Field Record Set" and transferred to the original
contract documents by the Consultant. The original documents, as well as the "Record Set" shall
become the property of the City. A reproducible set of all other final documents shall be furnished to
the City free of charge by the Consultant The Consultant shall furnish to the City one complete set of
"Record Set Drawings", in Auto CADD Version 2000 or such other format acceptable to the City.
A2.06-14 The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting
"as -built" conditions with graphic scale and north arrow. Plans must show room names, room numbers,
overall dimensions. square footage of each floor and all fonts used in the drawings. Two sets of
drawings shall be furnished on 24" x 36" sheets and one electronic copy.
A2.06-15 The Consultant shall assist the City in the completion of the Contractor's performance
evaluation during construction work and upon final completion of the Project amount.
ARTICLE A3 ADDITIONAL SERVICES
A3.01 GENERAL
Services categorized below as "Additional Services" may be specified and authorized by City and are
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 shall be compensated for
as provided in Attachment B, Section B3.06.
A3.02 EXAMPLES
Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to
the following:
A3.02-1
Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and
surveys or inventories in connection with construction performed by City.
II& --c 30 ot';1
A3.02-2
Specialty Design: Any special professional services considered ADDITIONAL
SERVICES/EXPENSES by the State of Florida Department of Management Services Fee Guidelines
for Basic Architectural and Engineering Services. (Page 2) and architectural lighting design, theater
planning and design, acoustical consulting and design, marine structural engineering. geotechnical
engineering, conservation testing and services, materials science and corrosion mitigation testing and
services. marine environmental consulting services. difficult access inspections, sustainability review
and 3D laser scanning.
A3.02-3
Pre -Design Services & Testing: Building Conditions Assessment and Recommendations Reports.
Building Programing Services, Detailed Cost Estimates. Laser Scanning and Documentation of
Existing Conditions. Environmental investigations, site evaluations, or comparative studies of
prospective sites.
A3.02-4
Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the
initial start-up, testing. adjusting and balancing of any equipment or system: extended training of City's
personnel in operation and maintenance of equipment and systems, and consultation during such
training; and preparation of operating and maintenance manuals, other than those provided by the
Contractor, sub -contractor, or equipment manufacturer.
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 City or are due to causes beyond the control of Consultant. (Major revisions are
defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any
significant portion thereof).
A3.02-6
Expert Witness: Preparing to serve or serving as an expert witness in connection with any arbitration
proceeding or legal proceeding, providing. however, that Consultant cannot testify against City in any
proceeding during the course of this Agreement as an expert witness.
A3.02-7
Clerk of the Works: A full time on-site Clerk of the Works may be assigned under monthly basis salary
at 40 hour per week for the duration of the construction.
The City may request the Consultant to have a full time on-site Clerk of the Works provide some
or all of the services as follows:
• Provide to the City of Miami Project Manager detailed daily reports of construction activities
• List tests required for the Project and note their approximate dates in accordance with current
construction schedule.
• Obtain and review required test reports.
• Provide Compliance Monthly Reports with A/E of Record Construction Documents
• Provide Monthly Compliance of Construction Schedule
• Provide Photograph documentation of construction process to be used for Historical Reports
• Attend construction meetings with Contractor, City Building Inspectors and City CIP staff members
• Write Construction Meeting Notes
• Create and Keep Up Dated Log In Sheet for RFI, Submittals of Shop Drawings. Proposed Change
Orders, Change Orders and Contractor payment Requisitions
• Create construction contract administration files to include:
• Correspondence and meeting reports
• Schedules
• Field reports
• Project photography
Pa_e 31 o f -;I
• Phone log
• Requests for Information (RFIs)
• Requests for Proposals (RFPs)
• Construction Change Directives (CCDs)
• Change Orders
• Supplemental instructions
• Quality control reports
• Submittals
• Agency inspections, permits and approvals
• Applications for payment
• Owner -Contractor agreement(s)
• Schedule of Values
• Observations of contractor performance
• Certificates of insurance
• Property insurance policy
• Contract bonds
• Project close-out
• Review Contractor's proposed cost for changes and respond appropriately.
• Observation of Delivery or Storage Material for substantial compliance with quality and
quantity.
• Assurance that the Contractor uses qualified and sufficient Labor Force adequate to the
construction of the Project.
• Review defective work and advise the owner when acceptance would be advantageous or
inadvisable to the owner.
• Review and respond to the Contractor's punch list of remaining work to repair or
completed.
• When the Project is judged to be substantially complete, prepare Certificate of
Substantial Completion.
• Notify the Owner to submit applications for permanent, electric, water, telephone and other
services.
• Provide the Contractor with appropriate media so Contractor can provide reproducible record
drawings as required.
• Request that the Contractor submit Project close-out documents.
• Review the close-out submittals for completeness.
• Verify that the Contractor has obtained a certificate of occupancy or occupancy permit.
• Review the Contractor's request for final inspection and conduct a field observation of the
Project to confirm completion.
• Prepare a final field observation report.
• Review the Contractor's application for final payment, including required attachments such
as waivers of lien and consent of surety
A3.02-8
Post Construction Administrative Services: Consultant may provide post -construction
services to conduct post occupancy evaluation to ensure that the contractor's obligations
to remedy defects are fulfilled. Also, after the planning, design, and construction phases
are completed, Consultant may deliver to the City maintenance, operational and
management plan including warranty review, record drawings and post -construction
contract evaluation.
Page 32 of 51
A3.02-9
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, including preparation of Certificate of Appropriateness Applications and preparation for
and participation in Public Hearings and Public Presentations.
A3.03 ADDITIONAL DESIGN
The City may, at its option, elect to proceed with additional services relating to the Project.
TICLE A4 CITY'S RESPONSiBILITI
A4.01 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.
A4.01-1
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.
A4.01-2
Soil Borings. Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other
tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and
recommendations. Consultant shall recommend necessary tests to City
A4.01-3
General Proiect Information: Information regarding Project Budget, City and State procedures,
guidelines, forms, formats, and assistance required establishing a program as per Section A2.
A4.01-4
Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject
to as -built availability. However, such drawings, if provided, are not warranted to represent conditions
as of the date of receipt. Consultant must still perform field investigations as necessary in accordance
with Section A2 to obtain sufficient information to perform its services. Investigative services in excess
of "Normal Requirements," as defined, must be authorized in advance.
A4.01-5
Reliability: The services, information, surveys and reports described in A4.01-1 through A4.01-4 above,
shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy and
completeness thereof in addition to any other Project -related information furnished by City, provided
Consultant has reviewed all such information to determine if additional information and/or testing is
required to properly design the Project.
A4.02 CONSTRUCTION MANAGEMENT
A4.02-1
During construction, 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.
A4.02-2
If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other
nonconformance with the contract during construction, City shall give prompt notice thereof to
Consultant.
Patre 33 of 51
SCHEDULE Al - SUBCONSULTANTS
FIRM NAME
ROSA LOWINGER AND ASSOCIATES
FISHER MARANTZ STONE
FISHER DACHS ASSOCIATES, INC.
DOUGLAS WOOD AND ASSOCIATES
COASTAL SYSTEMS INTERNATIONAL
J.A. CONDON AND ASSOCIATES, INC.
WISS, JANNEY, ELSTNER ASSOCIATES -WJE
ARUP
OLIN
JOHSON AVADANO LOPEZ RODRIGUEZ & WALESKI
ENGINEERING GROUP
LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES
LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES
RICHARD J. HEISENBOTTLE ARCHITECTS, P.A.
CANDELA + PARTNERS - HILARIO CANDELA, FAIA
CONSULTING FIELD
Historic Preservation Specialist
Architectural Lighting Design
Theatre Planning and Design
Consulting Structural Engineer
Civil Engineer -Marine Structural Engineering
Construction Consultants- Cost Estimator
Lead Structural Engineer, Materials Science &
Corrosion Mitigation
Acoustical Consultant
Landscape Architects
Mechanical - Electrical - Plumbing
Engineering
Geotechnical Engineering Services Personnel
Surveying Services -Environmental
Lead Architect of Record- Historic
Preservation
Consulting Architect
SCHEDULE A2 - KEY STAFF
PROFESSIONAL'S NAME
ROSA LOWINGER AND ASSOCIATES
R. Lowinger -Principal
C. Varvi
v r'inrinla
JOB CLASSIFICATION
Preservation Specialist -Architectural Conservator
Architectural Conservator 1
Architectural Conservator 2
Paee 34 of 51
Page 35 of 51
H. Del Rio
Chief Testing Technician
L. Linderman, P.Brouwer, Y. Cabrera & J. Valdez
Staff Technicians
Regina Jestrow
Administrative Assistant
TBD, as necessary
Clerical
FISHER MARANTZ STONE
Charles G. Stone II - Principal
President Consulting Principal
Enrique Garcia Carrer- Principal
Principal Lighting Design
Miyoung Song
Project Manager -Lighting Design
TBD, as necessary
Clerical
FISHER DACHS ASSOCIATES, INC.
Joshua Dachs
Principal
Joseph Mobilia
Project Manager -Theater Design
Jonathan Sivell
Stage Lighting Design
Cathleen Bachman
Room Layout Design
Scott Madaski
Stage Rigging Design
Alex Coulombe
VR Modeling Specialist
TBD, as necessary
DOUGLAS WOOD AND ASSOCIATES
Douglas Wood, P.E.
d
Robert Santiago, P.E.
Clerical
Principal
Principal
Jorge Ruiz, P.E.
Project Manager
Page 35 of 51
Navid Nemati
Senior Engineer
Fernando Martinez
Engineer
Rogelio Martinez
Senior CAD Technician/Operator
CADD Technician
Francisco Alvarez
Kenneth Boyer
TBD, as necessary
COASTAL SYSTEMS INTERNATIONAL
R. Harvey Sasso
Andres Perez
Vanessa Benzecry
Sergio Villatoro
Administrative Assistant
Clerical
Principal in Charge
Project Manager
Project Engineer
CADD Technician
Alessandra Salvo
Clerical
J.A. CONDON AND ASSOCIATES, INC.
John Yanoviak
Principal in Charge
Diane R. Goodman
Cost Engineer
Victor Koblitzs
Cost Estimator
Cost Analyst
Layura L. Flynn
TBD, as necessary
Clerical
Senior Consultant
i
WISS, JANNEY, ELSTNER ASSOCIATES -WJE
Leandro Etcheverry, Harry Hunderman, Deborah
Slaton, Paul Gaudette, John Lawler, Mike Groditski,
Arne Johnson, Gary Klein
Karen Zimnicki, Tricia Fitzgeral, Donald Carol, Mike
Ford, Kurt Tyler
F
Senior Associate
Pa_e 36 of 51
Tim Penich Associate III
Brian Easton, Elizabeth Pugh, Rebecca Wong Associate II
Jennifer Butler Associate I
Leo Zegler, Gregory Spatz Senior Specialist
Dan Weatherington, Robert Schulman
Specialist
Senior Technician
Technician II
Patrick Giblin
Courtnie Muscari
Lane Thompson
Technician I
Chenille Sharpe
Clerical
ARUP
Raj Patel, C Eng- NY
Principal
Joe Solway
Associate Principal - Acoustics
Nathan Blum
Senior Associate - Acoustics
Terence Caulkins
Senior Consultant II
Anne Guthrie
Senior Consultant I
Marcelo Gregorio
Consultants II
Casey Eckersley Consultant I
TBD, as necessary Clerical
OLIN
Susan Weiler, RLA, FASLA Principal
Hallie Boyce Director - Partner
Dennis McGlacle, RLA, FASLA Senior Project Manager -Partner
Darell Campana Associate
Paque 37 of 51
Leo Robleto
Landscape Architect
Chris Landau
Graphic Specialist
TBD, as necessary
Clerical
JOHSON AVADANO LOPEZ RODRIGUEZ & WALESKI
ENGINEERING GROUP
Victor Acevedo & Horacio Rodriguez
Principals Electrical Engineering
Richard Waleswski & Alex Lopez
Principals Mechanical Engineering
TBD, as necessary
MEP Project Managers/P.E.
TBD, as necessary
MEP Senior Engineers
Armando Martinez
BIM Manager
Roberto Castro,Anicia Farinas,Julian
Hernandez,Jane Ruiz
CADD Technicians
Anna Leon
Administrative Assistant
TBD, as necessary
Clerical
LANGAN ENGINEERING AND ENVIRONMENTAL
SERVICES
Geotechnical Engineering Services Personnel
Cristina Gonzalez
Senior Principal
Principal
Mathew Meyer
TBD, as necessary
Senior Associate
TBD, as necessary
Associate/Senior Project Personnel -Level III
Carlos Ortiz
Senior Project Personnel- Level II
Rafael Pina
Senior Project Personnel - Level II
Carlos Mata
Ruben Frenel
Senior Staff Personnel I
Staff Personnel III
Past 38 of 51
Entry Level Personnel as required Staff Personnel I
TBD, as necessary Administrative Assistant
TBD, as necessary Clerical
LANGAN ENGINEERING AND ENVIRONMENTAL
SERVICES
Surveying Services - Environmental
Joseph Romano
Senior Principal
Principal
Paul Fisher
Senior Associate
TBD, as necessary
Associate/Senior Project Personnel -Level III
TBD, as necessary
Senior Survey Project Personnel III
Steve Ellis
Senior Survey Project Personnel II
Matt Sipple
Senior Survey Project Personnel I
Russ Hall
Staff Surveyor III
Gregg Jenson
Staff Surveyor I
Jacob Elliot
Mobile Lidar specialist
Sean Tominvich
BIM Modeler
Eric Keiohl
Laser Scanning Technician Level I
RICHARD J. HEISENBOTTLE ARCHITECTS, P.A.
Richard J. Heisenbottle, FAIA Principal
Juan B. Alcala Principal
Pablo R. Quinones, AIA, NCARB, Senior Project Manager
Boukman Mangones, Assoc. AIA Director of Architecture
Pace 39 of 51
Pave al! of 51
Cesar Diaz
Staff Architect Level III
Wilson Herrera/Maria Carvajal
Staff Architect Level II
Giuliano Di Arrigo
Staff Architect Level I
Not Identified at This Time
Intern Architect
Rosa Luzardo/Raquel Tennen Administrative Assistance -Support
TBD, as necessary
Candela + Partners Hilario Candela, FAIA
Clerical
Hilario Candela, FAIA
Principal
Maurice Candela
Jacqueline Candela
Jorge Perez
Design Principal
Project Manager Principal
Senior Project Architect
Barbra Gaday
Staff Architect Level III
Roger Alfaro
Intern Architect
Patricia Weisson
I
TBD, as necessary
Administrative Assistance -Support
Clerical
Pave al! of 51
ATTACHMENT B - COMPENSATION
ATTACHMENT B - COMPENSATION AND PAYMENTS
ARTICLE B1 METHOD OF COMPENSATION
The fees for Professional Services for each Work Order shall be determined by one of the following methods
or a combination thereof, at the option of the Director or designee, with the consent of the Consultant.
a) A Lump Sum (See Section 133.01).
b) An Hourly Rate, as defined B3.02. and at the rates set forth in Schedule 131.
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, 2.03-1
Compensation Limits, as the maximum compensation limit for cumulative expenditures under this
Agreement. Under no circumstances shall 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 an
applicable increase to the Agreement, and put into effect via an Amendment to this Agreement.
B1.02 CONSULTANT NOT TO EXCEED
Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage
amounts stated for compensation shall not be exceeded. In the event they are so exceeded. the City shall
have no liability or responsibility for paying any amount of such excess, which shall be at 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 131, incorporated herein by reference. Said Wage Rates are the
effective direct hourly rates. as approved by the City. of the Consultant and Subconsultant employees in
the specified professions and job categories that are to be utilized to provide the Services under this
Agreement, regardless of manner of compensation.
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS
Schedule B1 identifies the professions, job categories and/or employees expected to be used during the
term of this Agreement. These include architects, engineers. landscape architects, professional interns.
designers, CADD technicians. Project managers. GIS and environmental specialists, specification writers.
clerical/administrative support, and others engaged in the Work. In determining compensation for a given
Scope of Work, the City reserves the right to recommend the use of 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 Consultants' employee benefits, 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 the Project.
82.04 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 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.
Paueal ol'51
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 Consultants' costs including. without limitation. employee fringe benefits (e.g., sick
leave. vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits.
etc.) 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:
83.01 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, Key Staff.
B3.02 HOURLY RATE FEES
83.02-1 Hourly Rate Fees shall be those rates for the Consultant and Subconsultant employees
identified in Attachment B, - Compensation: Schedule B1 Wage Rates Summary. All hourly rate fees
shall include a maximum not to exceed figure, inclusive of all costs expressed in the Agreement
documents. The City shall have no liability for any fee, cost or expense above this figure.
63.02-2 CONDITION OF 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 shall
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.
83.03 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall not include charges for the Consultant's 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 as a direct cost expended by the Consultant. City authorized
reproductions in excess of sets required at each phase of the Work, may be a Reimbursable Expense.
The City shall 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, shall be considered as Basic Services. The design of additive and deductive
alternates that are beyond the original Scope and construction budget, may be billed to the City as
Additional Services. The fees for alternates shall be calculated by one of the three methods outlined above,
as mutually agreed by the Director and the Consultant.
Pa !e 42 of 51
ATTACHMENT B - COMPENSATION
83.05 FEES FOR ADDITIONAL SERVICES
The Consultant may be authorized to perform Additional Services for which additional compensation andior
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/pagesi'ProcurementOpportunities.
http://www.miamigov.com/CITPrforms,html
The webpage also provides the procedures for completing these forms. Failure to use the forms or follow
the procedures, shall result in the rejection of the Work Order Proposal.
133.05-1 Determination Of Fee
The compensation for such Services shall be one of the methods described herein: mutually agreed
upon Lump Sum: Hourly Rate with a Not to Exceed Limit. Compensation for Additional Services by the
Architect's consultants shall be in the amount invoiced to the Architect plus, ten percent (10%).
83.05-2 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 shall 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 Procurement Ordinance,
the Consultants' Competitive Negotiation Act, and other applicable laws.
133.05-3 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 Subconsultant costs, the Consultant shall apply the multiplier
of one (1.0) times the amount expended by the Consultant.
133.06 PAYMENT EXCLUSIONS
The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and
specifications, for extended construction administration, or for other Work when such work is due to Errors
or Omissions of the Consultant.
133.07 FEES RESULTING FROM PROJECT SUSPENSION
If a Project is suspended for the convenience of the City for more than three (3) 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 (3) months, the Consultant's further compensation shall be subject to renegotiations. If the
Project is suspended for more than three (3) months. Consultant may, at its option, terminate the Agreement
for cause and shall be paid for all Work performed up to the date of termination. In the event, Consultant
terminates the Agreement for cause, the City shall not be entitled to seek or recover any damages resulting
from disruption, start-up with replacement designers/engineers, delays or other damages resulting from
Consultant's termination for cause.
ARTICLE 134 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 Subconsultant 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 Improvements/pages/Procurem entOpportunities.
I)aac 43 of 51
ATTACHMENT B - COMPENSATION
Failure to use the City Form shall 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.
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, 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
Subconsultants engaged on the Project. In addition to the invoice. the Consultant shall, for Hourly Rate
authorizations, submit a progress report identifying the percentage of completion of the Project
development and the total estimated fee to completion.
B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES
Payment for Additional Services may be requested monthly in proportion to the services performed.
When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by
the Director, a duly certified invoice, giving names, classification, 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 Subconsultants engaged on the Project or task.
In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report
identifying the percentage of completion of the Project development and the total estimated fee to
completion.
84.05 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. The City shall not
withhold amounts from the Consultant's compensation to impose a penalty or liquidated damages on the
Consultant, or to offset sums requested by, or paid to, Contractors for the cost of changes in the Work.
unless the Consultant has been found liable for the amounts in a binding dispute resolution proceeding.
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 Subconsultants, and the Special
Subconsultants in the interest of the Work for the purposes identified below:
1. Transportation and authorized out-of-town travel and subsistence:
2. Long distance services, dedicated data and communication services, teleconferences,
Project Web sites, and extranets;
3. Fees paid for securing approval of authorities having jurisdiction over the Project,-
4.
roject;4. Printing, reproductions, plots, standard form documents:
5. Postage, courier, Federal Express and handling and delivery:
6. Expense of overtime work requiring higher than regular rates, if authorized in advance by
the Owner:
7. Renderings, models, mock-ups. professional photography, and presentation materials
requested by the Owner;
8. Site surveys and special purpose surveys when pre authorized by the Project manager;
9. All taxes levied on professional services and on reimbursable expenses;
10. Site office expenses; and
11. Other similar Project -related expenditures.
Pave 44 of 51
ATTACHMENT B - COMPENSATION
B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS
Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant
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 shall include the provision
for the reuse of plans and specifications, including construction drawings. at the City's sole option, by virtue
of signing this Agreement, agrees to a reuse in accordance with this provision, without the necessity of
further approvals. compensation, fees or documents being required and without recourse for such reuse.
pau,c 45 of 51
ATTACHMENT B - COMPENSATION
ATTACHMENT B - COMPENSATION
SCHEDULE B1 - WAGE RATES SUMMARY
KEY STAFF NAME JOB CLASSIFICATION
NEGOTIATED
HOURLY RATE
ADJUSTED
AVERAGE HOURLY
RATE
Pa_*e 46 of 51
(Multiplier Applied)
Rosa Lowinger and
Associates
R. Lowinger - Principal
Preservation Specialist -
Architectural Conservator
$77.00
$223.30
C. Varvi
Architectural Conservator 1
$48.28
$140.00
K. Ciociola
Architectural Conservator 2
$38.87
$140.00
H. Del Rio
Chief Testing Technician
$34.48
$100.00
L. Linderman, P.Brouwer, Y.
Staff Technicians
Cabrera & J. Valdez
$24.28
$70.41
Regina Jestrow
Administrative Assistant
$20.00
$58.00
TBD, as necessary
Clerical
$13.00
$37.70
Fisher Marantz Stone
Charles G. Stone II - Principal
president Consulting Principal
$77.00
$223.30
Enrique Garcia Carrer -
Principal
Principal Lighting Design
$77.00
$223.30
Miyoung Song
Project Manager -Lighting Design
$48.28
$140.00
TBD, as necessary
Clerical
$13.00
$37.70
Fisher Dacus
Associates, Inc.
Principal
Joshua Dachs
Project Manager -Theater Design
$77.00
$223.30
_
Joseph Mobilia
$63.81
$185.05
Jonathan Sivell
Stage Lighting Design
$51.61
$149.67
Cathleen Bachman
Room Layout Design
$47.30
$137.18
Scott Madaski
Stage Rigging Design
$40.90
$118.62
Alex Coulombe
VR Modeling Specialist
$34.44
$99.88
TBD, as necessary
Clerical
$13.00
$37.70
Pa_*e 46 of 51
ATTACHMENT B - COMPENSATION
Douglas Wood and
Associates
Douglas Wood, P.E. Principal
$77.00
$223.30
Robert Santiago, P.E. Principal
$77.00
$223.30
Jorge Ruiz, P.E. Project (Manager
$47.12
$136.65
Navid Nemati
Senior Engineer
$38.94
$112.93
Fernando Martinez
Engineer
$30.05
$87.15
Rogelio Martinez
Senior CAD Technician/Operator
$23.00 $66.70
Francisco Alvarez
CADD Technician
$23.00
$66.70
Kenneth Boyer
Administrative Assistant
$20.00
$58.00
TBD, as necessary
Clerical
$13.00
$37.70
Coastal Systems
International
Principal in Charge
R. Harvey Sasso
$77,00
$223.30
Andres Perez
Project Manager
I
$52.00
$150.80
Vanessa Benzecry
Project Engineer
$42.00
$121.80
Sergio Villatoro
CADD Technician
$21.00
$60.90
Alessandra Salvo
Clerical
$13.00
$37.70
J.A. Condon and
Associates. Inc.
John Yanoviak
Principal in Charge
$65.00
$188.50
Diane R. Goodman
Cost Engineer
$50.00
$150.00
Victor Koblitzs
Cost Estimator
$45.00
$130.50
Layura L. Flynn
Cost Analyst
S_35.00_
$105.00
Not anticipated at this time
Clerical
$13.00
$37.70
Pa -e 47 of 51
ATTACHMENT B - COMPENSATION
Wiss, Janney, Elstner
Associates - WJE
_
Leandro Etcheverry, Harry
Hunderman, Deborah Slaton,
Paul Gaudette, John Lawler, Senior Consultant
$77.00
Mike Groditski, Arne
Johnson, Gary Klein
$223.30
I
Karen Zimnicki, Tricia
Fitzgerald, Donald Carol, Senior Associate
$51.24
Mike Ford, Kurt Tyler
$148.60
Tim Penich
Associate III
$46.57
$135.05
Brian Easton, Elizabeth Pugh,
Rebecca Wong
Associate II
$35.21
$102.11
Jennifer Butler
Associate 1
$30.27
$87.78
Leo Zegler, Gregory Spatz
Senior Specialist
$40.22
$116.64
_
Dan Weatherington, Robert
i
Schulman
Specialist
$35.30
$102.37
Patrick Giblin
-T
Senior Technician
$27.17
$78.79
Courtnie Muscari
Technician II
$23.31
$67.60
Lane Thompson
Technician I
$17.31
$50,20
Chenille Sharpe
Clerical
$13.00
$37.70
ARUIP
Raj Patel, C Eng- NY
Principal
$77.00
$223.30
Joe Solway
Associate Principal - Acoustics
$77.00
$223.30
Nathan Blum
Sr. Associates - Acoustics
$63.47
$184.07
Terence Caulkins
Senior Consultant II
$54.00
$156.60
Anne Guthrie
Senior Consultant I
$44.00
$127,60
Marcelo Gregorio
Consultant II
$37.00
$107.30
Casey Eckersley
Consultant I
$34.00
$98.60
TBD, as necessary
Clerical
$13.00
$37.70
Patre 48 oC51
ATTACHMENT B - COMPENSATION
Page 49 of 51
OLIN
Susan Weiler, RLA, FASLA
Principal
$77.00
$223.30
Hallie Boyce
Director - Partner
$77.00
$223.30
Dennis McGlade, RLA, FASLA
Senior Project Manager- Partner
$46.05
$133.55
Darell Campana
Associate
$40.79
$118.29
Leo Robleto
Landscape Architect
$28.95
$83.96
Chris landau
Graphic Specialist
$28.95
$83.96
TBD, as necessary
Clerical
$13.00
37.70
Johson Avadano Lopez
Rodriguez & Waleski
0
Engineering Group
Victor Acevedo & Horacio
Rodriguez
Principals Electrical Engineering
$77.00 $223.30
Richard Waleswski & Alex
Lopez I Principals Mechanical Engineering
$77.00
$45.00
$223.30
TBD, as necessary
MEP Project Managers/P.E.
$130.50
TBD, as necessary
MEP Senior Engineers
$40.87
$118.52
Armando Martinez
BIM Manager
$ 34.62
$100.40
Roberto Castro, Anicia
Farinas, Julian Hernandez,
CADD Technicians
Jane Ruiz
$23.00
$66.70
Anna Lean
Administrative Assistant
$20.00
$58.00
TBD, as necessary
Clerical
$13.00
$37.70
i
Langan Engineering and
Environmental Services -
Geotechnical Engineering
Services Personnel
Cristina Gonzalez
Senior Principal
$77.00
$223.30
Mathew Meyer
_
Principal j
$77.00
$223.30
TBD, as necessary
Senior Associate
$68.50
$198.65
Page 49 of 51
ATTACHMENT B - COMPENSATION
TBD, as necessary
Associate/Senior Project
Personnel -Level III $68.50 $198.65
Carlos Ortiz
Senior Project Personnel - Level II
$62.50
$181.25
Rafael Pina
Senior Project Personnel - Level II
$56.97
$165.21
Carlos Mata
Senior Staff Personnel - I
$32.09
$93.06
Ruben Frenel
Staff Personnel III
$27.16
$78.76
Entry Level Personnel as
required
Staff Personnel I
i
$25.00
$72.50
TBD, as necessary
Administrative Assistant
$20.00
$58.00
TBD, as necessary
Clerical
$13.00
$37.70
i
Langan Engineering and
Environmental Services -
Surveying Services -
Environmental
TBD, as necessary
Senior Principal
$77.00
$223.30
Joseph Romano
Principal
$77.00
$223.30
Paul Fisher
Senior Associate
$68.50
$198.65
TBD, as necessary
Associate/Senior Project
Personnel -Level III
$68.50
$198.65
TBD, as necessary
Senior Survey Project Personnel III
$68.50
$198.65
Steve Ellis
Senior Survey Project Personnel II
$60.34
$174.99
Matt Sipple
Senior Survey Project Personnel I
$47.12
$136.65
Russ Hall
Staff Surveyor III
$33.65
$97.59
Gregg Jenson
Staff Surveyor I
$25.50
$73.95
Jacob Elliot
Mobile Lidar specialist
$27.16
$78.76
Sean Tominvich
_
BIM Modeler
$26.92
$78.07
Eric Keiohl
Laser Scanning Technician Level I
$21.54
$62.47
Pace 50 of 51
ATTACHMENT B - COMPENSATION
Richard J. Heisenbottle
Architects, P.A.
Principal
Richard J. Heisenbottle, FAIA
$7700 $223.30
Principal
Juan B. Alcala
$77.00 $223.30
Pablo R. Quinones, AIA,
NCARB,
Senior Project Manager
$58.00
$168.20
Boukman Mangones, Assoc.
Director of Architecture
AIA
$58.00
$168.20
Cesar Diaz
Staff Architect Level III
$46.75
$135.58
Wilson Herrera/Maria
Carvajal
Staff Architect Level II
Staff Architect Level I
$41.94
$121.61
Giuliano Di Arrigo
$36.15 $104.83
Not Identified at This Time
Intern Architect
$31.00
$89.90
Rosa Luzardo/Raquel Tennen
Administrative Assistance -Support
$20.00 $58.00
TBD, as necessary
Clerical
S13.00 $37.70
Candela + Partners Hilario
Candela, FAIA
Hilario Candela, FAIA
Maurice Candela
Jacqueline Candela
Jorge Perez
Barbra Gaday
Roger Alfaro
Patricia Weisson
TBD, as necessary
Principal
Design Principal
Project Manager Principal
Senior Project Architect
Staff Architect Level III
Intern Architect
Administrative Assistance -Support
Clerical
$77.00
$77.00
$62.07
$65.52
$44.83
$31.00
$20.00
$13.00
$223.30
$223.30
$180.00
$190.00
$130.00
$89.90
$ 70.00
$37.70
Paue 51 of 51
EXHIBIT 1 - Phase 1 Total Fees Summary
FEES
No
1
PART A
RJHA Lead Preservation Architects
$100,201.96
2
Hilario Candela FAIA Consulting Preservation Architect
$38,871.60
3
Rosa Lowinger & Assoc Preservation Specialist and Testing Services
$58,184.32
4
Coastal Sytems International Civil Eng- Marine Structural Engineering
$26,732.20
5
Weiss Janney Elstner & Assoc Lead Structural Engineers -Forensics
$47,463.02
6
i.A. Condon & Assccl,,t.�s. Cost Estimators
SO cr.
7
1 Douglas Wood & Assoc Structural Consultant
$9,882.94
8
JALRW MEP
$20,799.55
9
FISHER DACHS & ASSOCIATES Theater Consultants
$13,230.90
10
FISHER MARANTZ STONE Architectural Lighting
$16,000.00
it
LANGAN ENGINEERING Geotechnical Eng Services + Surveying Services
$24,987.27
12
OLIN Landscape Architects
$20,086.10
13
ARUP Acoustical Consultants
$20,008.75
14
!_ASc:� SiAIN`, `i.: -3'V MODE _ -_00300! 3D Laser Scanning
50.0
SUBTOTALj$2'619,624.661
,448.61
RJHA 0+ Profit @ .10 ( See Note 1 & 2 below)
SUBTOTAL
1
RJHA Lead Preservation Architects
$97,015.67
2
Hilario Candela FAIA Consulting Preservation Architect
$39,880.80
3
iosa Lowinger & A =cc P: a;e Specialist and Testing Services
50.O0
4
Coastal Sytems International Civil Eng- Marine Structural Engineering
$5,994.36
5
ra 3nney Us- - & A;.scc _ea:3 Strt,ce,,r31 Engineers -For?n5;;5
$0.00
6
Condor & -1 - - Ates. Cis--�t:ma,ors
$0.00
7
)ou; S ,''. _. oc Strut' l Consultant
$0.00
8
ALRvV MEP
$0.00
9
FISHER DACHS & ASSOCIATES Theater Consultants
512,213.23
10
:iSHER +MIARANTZ STONE Arch 'eciur3: Lighting
$0.00
11
_ANGAN ENGINEERING Geotechnical Eng Services +Surveying Services
$0.00
12
OLIN Landscape Architects
50+00
13
ARUP Acoustical Consultants
$16,051.50
14
LASER SCANNING -BIM MODEL (LOD300) 3D Laser Scanning
$0.00
SUBTOTAL
$171,155.56
RJHA 0+ Profit @ .10 (See Note 1 & 2 below)
$7,413.99
SUBTOTAL
1
RJHA Lead Preservation Architects
$9,512.00
2
Hilario Candela FAIA Consulting Preservation Architect
$1,786.40
3
Rosa Lowinger & Assoc Preservation Specialist and Testing Services
50.00
4
Coastal Stems International Civil Eng- Marine Structural Engineering
$O.Oc
5
Weiss Janney Elstner & Assoc Lead Structural Engineers -Forensics
SO 06
6
J.A. Condon & Associates, Cost Estimators
$37,671.00
7
Douglas Wood & Assoc Structural Consultant
SO 00
8
pALRW MEP
$0.06
9
FISHER DACHS & ASSOCIATES Theater Consultants
50,00
10
FISHER MARANTZ STONE Architectural Lighting
$0.00
11
LANGAN ENGINEERING Geotechnical Eng Services + Surveying Services
50.00
12
OLIN Landscape Architects
$0.00
13
ARUP Acoustical Consultants
50.00
14
LASER SCANNING -BIM MODEL (LOD300) 3D Laser Scanning
$0.00
SUBTOTAL
$48,969.40
RJHA 0+ Profit @ .10 ( See Note 1 & 2 below)
$3,945.74
SUBTOTAL
No
PART D
FEES
1
RJHA Lead Preservation Architects
$8,221.62
2
-iiia, .-J ,j_- a FA!A Consulting Preservation .Architect
$0.00
3
Rosa Lowwnger & Assoc Preservatioo Spe•_i� _. �u Testing Service;
50.00
4
Coy ' =m, Interraticnai Ciwl Eng- lVta re Structural Engineering
50.00
5
Elstner & Assoc Lead Structural Engineers -Forensics
50.00
6
: A _ - . ,, & Associates, Cosi Estimators
$0.00
7
Do _ = Wood & Assoc Structjra!CorSUlt3nt
50.00
8
JAL? .`: %.rEP
S0.00
9
r15HER DACHS & ASSOCIATES Tneat;?r Consultants
50.00
10
FISHER +I'IARANTZ STONE Airh t2ctu!*Y Lighting
50.00
11
..ANGAN E`vGINEER.NG Geotecr oical Eng Services + Surveyirg Seri ce3
50.00
12
OLIN Landscape architects
50.00
13
ARUP Aco,rstical Consuitants
S
14
LASER SCANNING -BIM MODEL (LOD300) 3D Laser Scanning
$38,931.00
SUBTOTAL
$47,152.62
RJHA 0+ Profit @ .10 ( See Note 1 & 2 below)
$3,893.10
SUBTOTAL
REIMS. EXP
FEES
No
1
RJHA Lead Preservation Architects
$9,000.00
2
Hilario Candela FAIA Consulting Preservation Architect
$4,000.00
3
Rosa Lowinger & Assoc Preservation Specialist and Testing Services
$5,000.00
4
Coastal Sytems International Civil Eng- Marine Structural Engineering
$2,500.00
5
Weiss Janney Elstner & Assoc Lead Structural Engineers -Forensics
$50,000.00
6
J A Conon & A33,6a'es, Cosi Es- -i-Drs
50.00
7
Douglas Wood & Assoc Structural Consultant
$300.00
8
JALRW MEP
51,500.00
9
FISHER DACHS & ASSOCIATES Theater Consultants
$6,000.00
10
FISHER MARANTZ STONE Architectural Lighting
$4,000.00
11
-ANGAN ENGIN 7_ . NiG Geotechtica! Eng Servicas + Surveying Services
50.00
12
OLIN Landscape Architects
$4,000.00
13
ARUP Acoustical Consultants
$6,500.00
14
LASER SCAN�JI'vG -B,Nr NIODEL (LOD300) 3D Laser Scanning
50.00
15
SUBTOTAL
$93,300.00
RJHA O+ Profit @ .10 ( See Note 1 & 2 below)
$0.00
SUBTOTAL
1,111r
No
1
ALLOWANCES
RJHA Lead Preservation Architects
FEES
50.00
2
Hilario Candela FAIR Consulting Preservation Architect
$0.00
3
Rosa Lowinger & Assoc Preservation Specialist and Testing Services
S0.00
4
Coastal Sytems International Civil Eng- Marine Structural Engineering
$2,500.00
5
Weiss Janney Elstner & Assoc Lead Structural Engineers -Forensics
$413,837.46
6
J.A. Condon & Associates, Cost Estimators
50.00
7
Douglas Wood & Assoc Structural. Consultant
50.00
8
JALRW NIEP
50.00
9
FISHER DACHS & ASSOCIATES Theater Consultants
S000
10
FISHER NIARANTZ STONE Architectural Lighting
50 00
11
LANGAN ENGINEERING Geotechnical Eng Services + Surveying Services
$32,500.00
12
OLIN i_andsc3oe
$0.00
13
ARU -P Aco ,sticai Cons j' -x. �
>0.00
14
_AS=R SCA���VIiiL B4� �1OC �73�'tl ;u e� Hca
SO.00
SUBTOTAL
$448,837.46
RJHA 0+ Profit @ .10 ( See Note 1 & 2 below)
$44,883.75
SUBTOTAL
TOTALS
NOTES
Note 1: Overhead & Profit calculated at a 10% 0 & P factor only on subtotal of consultants professional fees
Note 2: Overhead & Profit calculated at a 10% O & P factor on Allowance Services as they occur.