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Home My WebLink AboutExhibitCITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT r J' f1 ei l ARTICLE 7 DOCUMENTS AND RECORDS.........................................................................................9 Architectural and Engineering Services for Shenandoah Park and OWNERSHIP OF DOCUMENTS..............................................................................................................9 Service Category 7.02 DELIVERY UPON REQUEST OR CANCELLATION.................................................................................9 New Swimming Pool Facility, B-40563 (RFQ 14-15-037) RE -USE BY CITY.......................................................................................................................................9 7.04 Contract Type Project Specific 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS............................................................................10 Consultant Leo A. Daly Company 7.06 E -VERIFY - MANDATORY USE.................................................................................... TABLE OF CONTENTS ARTICLE 8 INDEMNIFICATION.......................................................................................................... ARTICLE1 DEFINITIONS......................................................................................................................4 ARTICLE9 INSURANCE..................................................................................................................... ARTICLE 2 GENERAL CONDITIONS...................................................................................................6 ARTICLE 10 MISCELLANEOUS........................................................................................................... 2.01 TERM..........................................................................................................................................................6 AUDIT RIGHTS; INSPECTION RIGHTS..................................................................................................12 2.02 SCOPE OF SERVICES..............................................................................................................................6 ENTIRE AGREEMENT.............................................................................................................................12 2.03 COMPENSATION......................................................................................................................................6 SUCCESSORS AND ASSIGNS...............................................................................................................12 ARTICLE 3 PERFORMANCE................................................................................................................6 10.04 3.01 PERFORMANCE AND DELEGATION.......................................................................................................6 10.05 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL...................................................................................6 10.06 3.03 CONSULTANT KEY STAFF......................................................................................................................7 10.07 3.04 TIME FOR PERFORMANCE......................................................................................................................7 10.08 3.05 STANDARD OF CARE...............................................................................................................................7 10.09 ARTICLE 4 SUBCONSULTANTS..........................................................................................................7 14 4.01 GENERAL.................................................................................................................................. 7 4.02 SUBCONSULTANT RELATIONSHIPS......................................................................................................7 4.03 CHANGES TO SUBCONSULTANTS........................................................................................................7 14 ARTICLE5 DEFAULT............................................................................................................................8 NO PARTNERSHIP..................................................................................................................................15 5.01 GENERAL..................................................................................................................................................8 5.02 CONDITIONS OF DEFAULT......................................................................................................................8 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE.......................................................................................8 ARTICLE 6 TERMINATION OF AGREEMENT.....................................................................................8 6.01 CITY'S RIGHT TO TERMINATE................................................................................................................8 6.02 CONSULTANT'S RIGHT TO TERMINATE................................................................................................9 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT...........................................................9 ARTICLE 7 DOCUMENTS AND RECORDS.........................................................................................9 7.01 OWNERSHIP OF DOCUMENTS..............................................................................................................9 7.02 DELIVERY UPON REQUEST OR CANCELLATION.................................................................................9 7.03 RE -USE BY CITY.......................................................................................................................................9 7.04 NONDISCLOSURE....................................................................................................................................9 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS............................................................................10 7.06 E -VERIFY - MANDATORY USE.................................................................................... 10 ARTICLE 8 INDEMNIFICATION.......................................................................................................... 10 ARTICLE9 INSURANCE..................................................................................................................... 11 ARTICLE 10 MISCELLANEOUS........................................................................................................... 12 10.01 AUDIT RIGHTS; INSPECTION RIGHTS..................................................................................................12 10.02 ENTIRE AGREEMENT.............................................................................................................................12 10.03 SUCCESSORS AND ASSIGNS...............................................................................................................12 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE..............................................................................................13 10.05 APPLICABLE LAW AND VENUE OF LITIGATION.................................................................................13 10.06 NOTICES..................................................................................................................................................13 10.07 INTERPRETATION..................................................................................................................................14 10.08 JOINT PREPARATION............................................................................................................................14 10.09 PRIORITY OF PROVISIONS, ................................................................................................................... 14 10.10 MEDIATION - WAIVER OF JURY TRIAL................................................................................................14 10.11 TIME.........................................................................................................................................................14 10.12 COMPLIANCE WITH LAWS.................................................................................................................... 14 10.13 NO PARTNERSHIP..................................................................................................................................15 Page 1 TABLE OF CONTENTS (CONTINUED) 10.14 DISCRETION OF DIRECTOR..................................................................................................................15 10.15 RESOLUTION OF CONTRACT DISPUTES: ...................................................................... ........... - - - 15 10.16 INDEPENDENT CONTRACTOR: ............................. - ............................. ............................................... 15 10.17 CONTINGENCY CLAUSE: ...................................................................................................................... 16 10.18 THIRD PARTY BENEFICIARY: .............................................. ......... ......................................................16 10.19 ADDITIONAL TERMS AND CONDITIONS: ............................................................................................. 16 10.20 SEVERABILITY:...... ........................................................................ ....................................................... 16 ATTACHMENT A - SCOPE OF WORK...................................................................................................... 20 ARTICLEAl GENERAL......................................................................................................................... 20 A1.01 SCOPE OF SERVICES............................................................................................................................20 A1.02 WORK ORDERS......................................................................................................................................21 ARTICLE A2 BASIC SERVICES............................................................................................................ 21 A2.01 DEVELOPMENT OF OBJECTIVES.. ....................................................................................................... 21 A2.02 SCHEMATIC DESIGN..............................................................................................................................22 A2.03 DESIGN DEVELOPMENT.......................................................................................................................22 A2.04 CONSTRUCTION DOCUMENTS............................................................................................................23 A2.05 BIDDING AND AWARD OF CONTRACT...............................................................................................24 A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT..................................................................25 ARTICLE A3 ADDITIONAL SERVICES................................................................................................. 27 A3.01 GENERAL................................................................................................................................................27 A3.02 EXAMPLES..............................................................................................................................................27 A3.03 ADDITIONAL DESIGN.............................................................................................................................28 ARTICLE A4 CITY'S RESPONSIBILITIES................................................................................................ 28 A4.01 PROJECT & SITE INFORMATION..........................................................................................................28 A4.02 CONSTRUCTION MANAGEMENT..........................................................................................................28 SCHEDULE Al and A2. - SUBCONSULTANTS AND KEY STAFF........................................................30 ATTACHMENT B - COMPENSATION AND PAYMENTS.........................................................................32 ARTICLE B1 METHOD OF COMPENSATION.......................................................................................... 32 B1.01 COMPENSATION LIMITS........................................................................................................................32 B1.02 CONSULTANT NOT TO EXCEED...........................................................................................................32 ARTICLEB2 WAGE RATES.................................................................................................................. 32 B2.01 FEE BASIS...............................................................................................................................................32 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS.........................................................................................32 B2.03 MULTIPLIER............................................................................................................................................32 B2.04 CALCULATION........................................................................................................................................32 B2.05 EMPLOYEE BENEFITS AND OVERHEAD.............................................................................................33 B2.06 ESCALATION..........................................................................................................................................33 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION.............................................................. 33 B3.01 LUMP SUM...............................................................................................................................................33 B3.02 HOURLY RATE FEES..............................................................................................................................33 B3.03 REIMBURSABLE EXPENSES.................................................................................................................33 83.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES: .......................................................................... 33 B3.05 FEES FOR ADDITIONAL SERVICES......................................................................................................34 B3.06 PAYMENT EXCLUSIONS........................................................................................................................34 B3.07 FEES RESULTING FROM PROJECT SUSPENSION.............................................................................34 ARTICLE B4 PAYMENTS TO THE CONSULTANT.............................................................................. 34 B4.01 PAYMENTS GENERALLY.......................................................................................................................34 B4.02 FOR COMPREHENSIVE BASIC SERVICES..........................................................................................35 B4.03 BILLING - HOURLY RATE......................................................................................................................35 B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES........................................35 B4.05 DEDUCTIONS.......................................................................................................................................... 35 ARTICLE B5 REIMBURSABLE EXPENSES: ........................................................................................ 35 B5.01 GENERAL................................................................................................................................................35 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS..............................................................................36 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS ...........................36 B6.01 GENERAL................................................................................................................................................36 SCHEDULE B1 - WAGE RATES SUMMARY.........................................................................................................37 EXHIBIT 1 - CONSULTANT'S DETAILED SCOPE OF WORK AND FEES.............................................39 A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 2 cNN °- 41 CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT J_ ie�q Service Category Contract Type Consultant Consultant Office Location City Authorization Architectural and Engineering Services for Shenandoah Park and New Swimming Pool Facility, B-40563 (RFQ No. 14-15-037) Fixed Price Leo A. Daly Company 5200 Blue Lagoon Drive, Suite 700, Miami, Florida 33126-7003 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 LEO A. DALY COMPANY, hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 14-15-037 on December 30, 2015, for the provision of Architectural and Engineering Services for Shenandoah Park and New Swimming Pool Facility ("Services") and the Consultant's proposal ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. 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. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 3 PROFESSIONAL SERVICES AGREEMENT 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 means the Attachments to this Agreement are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services mean those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City Or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency which is a party hereto and for which this Agreement is to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as "City". For the purposes of this Agreement, "City' without modification shall mean the City Manager. 1.08 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management, 1.09 City Commission means the legislative body of the City of Miami. 1.10 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. 1.11 Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, or any combination thereof, of properly registered professional architects, or engineers, which has entered into the Agreement to provide professional services to the City. 1.12 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.13 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for the purpose of this Agreement, the Director is the top administrator (e.g. the Director) of the Office of Capital Improvements or designee. 1.14 Errors means items in the plans, specification or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the construction contractor to perform rework or additional work or which causes a delay to the completion of construction. 1.15 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.16 Notice To Proceed means same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all conditions precedent have been met and/or directing that the Consultant may begin work on the Project. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 4 PROFESSIONAL SERVICES AGREEMENT 1.17 Omissions means 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 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 Work 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 or Projects shall be further defined in the Scope Of Services and/or Work Order issued pursuant to this Agreement. 1.20 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/ engineering services" or "professional services", as applicable, which are within this definition. 1.21 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 Response to the Request for Qualifications ("RFQ") and the Consultant's response thereto the RFQ will control. In the event of any conflict between the The Consultant's response to the RFQ, this PSA will control. In the event of any conflict between this PSA and its attachments this PSA will control. 1.22 Risk Manager means the City's Risk Management Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.23 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables and milestones required for the completion of Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.24 Subconsultant 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 services, materials and equipment provided by/or 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 or Projects. 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 a Project. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 5 PROFESSIONAL SERVICES AGREEMENT ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. The City, by action of the City Manager, shall have the option to extend subject to the continued satisfactory performance as determined by the Director of Capital Improvements and Transportation, 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). No new Work Orders shall be issued after the expiration date. 2.02 SCOPE OF SERVICES Consultant agrees to provide the Services as specifically described and set forth in Attachment A- Scope of Services 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 -Compensation hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed $683,396.56 in total over the term of the Agreement and any extension(s), as detailed in Exhibit 1 - Consultant's Detailed Scope of Work and Fees, unless explicitly approved by action of the City Commission or City Manager as applicable and put into effect by written amendment to this Agreement. Said fee is comprised of a fee for basic services of $543,396.56 plus $100,000.00 for Additional Services and $40,000.00 for Reimbursable Expenses. The City may, at its sole discretion use other compensation methodologies. The Work may never exceed the limitations provided in §287.055 (2)(g), Florida Statutes. 2.03-2 Payments Unless otherwise specifically provided in Attachment B -Compensation, 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. The Consultant shall utilize Attachment "C" for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. 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 or designee may make written request to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any 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 A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 6 PROFESSIONAL SERVICES AGREEMENT personnel will be made by the Consultant. Such request shall solely relate to said employees work under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by City, in part, on the basis of qualifications of particular staff identified in Consultant's response to City's solicitation, hereinafter referred to as "Key Staff". Consultant shall ensure that Key Staff are available for Work hereunder as long as said Key Staff is in Consultant's employ. Consultant will obtain prior written acceptance of Director or designee to change Key Staff. Consultant shall provide Director, or designee with such information as necessary to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff qualifications. Such acceptance shall not constitute any responsibility or liability for the individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of 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 best industry practices, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all design, drawings, specification, and other Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specification or other Services. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its designs, drawings, specification or other Services. ARTICLE 4 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 a 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 Subconsultants, 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 his direction, control, supervision, retention and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 7 PROFESSIONAL SERVICES AGREEMENT The Consultant shall not add or modify change any Subconsultant listed in Schedule Al without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed substitution. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then the Consultant shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to the Consultant while the Consultant was in default shall be immediately returned to the City. The Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements from the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City, beyond the specified period allowed to cure such default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein, or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE The City through the Director or designee shall provide written notice to the Consultant as to a finding of default, and the Consultant shall take all necessary action to cure said default within time stipulated in said notice, after which time the City may terminate the Agreement. The City at its sole discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified the Agreement shall be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City, including the Director or designee has the right to terminate this Agreement for any reason or no reason, upon ten (10) days' written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other documents, including all electronic copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or designee. The Consultant shall be paid in accordance with provisions of Attachment B, provided that said documentation is turned over to Director or designee within ten (10) business days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy from any termination made by the City except to retain the fees, and allowable costs or reimbursable expenses, earned compensation for A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 8 PROFESSIONAL SERVICES AGREEMENT the Services that was performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge or entitlement it may have, or will, have against the City, its officials or employees. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, following breach by the City, if breach of contract has not been corrected within sixty (60) days from the date of the City's receipt of a written statement from the Consultant specifying its breach of its duties under this Agreement. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS' All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived there from, including all electronic digital copies will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the Consultant or termination of the Agreement without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. The Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit the site for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) days of cancellation, or within ten (10) days of request by the City, shall be just cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse from these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant agreements and/or Work Orders for new Work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, and by virtue of signing this agreement the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NONDISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish ,or make available to any third person, firm or organization, without Director or designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, Subconsultants, and subcontractors to comply with the provisions of this paragraph. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 9 PROFESSIONAL SERVICES AGREEMENT 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 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. Notwithstanding the foregoing, Consultant shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. 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 RECORDS AT (305) 416 - PUBLICRECORDSCa�MIAMIGOV.COM, OR MIAMI OFFICE OF THE CITY ATTORNEY, MIAMI, FL 33130. CUSTODIAN OF PUBLIC 1830, VIA EMAIL AT REGULAR MAIL AT CITY OF 444 SW 2ND AVENUE, 9T" FL, 7.06 E -VERIFY - MANDATORY USE Consultant shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultant performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify and hold harmless the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of this Contract. Consultant shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. 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 A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 10 PROFESSIONAL SERVICES AGREEMENT option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City whether performed by the Consultant, or persons employed or utilized by Consultant. This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as applicable. The Consultant shall require all Subconsultant agreements to include a provision that they will indemnify the City. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant or Sub- Consultant, under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained all insurance required hereunder and the City's Risk Manager or his/her authorized designee, has approved such insurance. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Manager. 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 Manager for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount and classification required by these provisions, in excess of any pending claims at the time of contract award to the Consultant. Consultant shall maintain coverage with equal or better rating as identified herein for the term of this contract. Consultant shall provide written notice to the City's Department of Risk Management of any material change, cancellation and/or notice of non -renewal of the insurance within 30 days of the change. Consultant shall furnish a copy of the insurance policy or policies upon request of the Risk Manager. Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Manager within ten (10) 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, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalence. Notice of cancellation should read (30) days/ (10) days for nonpayment. 9.03-2 BUSINESS AUTOMOBILE The Consultant shall provide business automobile liability coverage including coverage for all owned, hired and non -owned autos with a minimal combined single limit of $1,000,000.00 naming A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 11 PROFESSIONAL SERVICES AGREEMENT the City as an additional insured with respect to this coverage. Notice of cancellation should read (30) days/ (10) days for nonpayment. 9.03-3 PROFESSIONAL LIABILITY INSURANCE The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $1,000,000.00 per claim, $1,000,000.00 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 WORKER'S COMPENSATION INSURANCE The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. 9.03-5 SUBCONSULTANT COMPLIANCE Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Manager or his/her authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the Consultant in accordance with §10.06 herein. Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market, and may request additional consideration from City accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; 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. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultant's Services are unique in nature and any assignment, sale, transference without City Commission approval shall be cause for the City to cancel this Agreement. The Consultant shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements and tax returns from any proposed Assignee and the execution of an Assignment/ Assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 12 PROFESSIONAL SERVICES AGREEMENT The Consultant and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of Notice to Proceed. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the project price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this agreement, or arising out of this agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the City under Article 8 where the Consultant shall pay the City's reasonable attorney's fees. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Annie Perez, CPPO Director City of Miami Procurement Department 444 S.W. 2nd Ave., - 611 FI Miami, Florida 33130 (305) 416 - 1910 AnniePerez(a-)miamigov.com With Copies to: Jeovanny Rodriguez, P.E., Director City of Miami Office of Capital Improvements (OCI) 444 S.W. 2nd Ave., - 81h FI Miami, Florida 33130 (305) 416 - 1225 ieovannyrodriauezC@miami ohm For Consultant: Rafael Sixto, AIA, LEED AP Vice -President, Managing Principal Leo A. Daly Co. 5200 Blue Lagoon Drive Suite 700 Miami, Florida 33126-7003 (305) 461 - 9480 rsixto(a.leoadaly.com A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 13 PROFESSIONAL SERVICES AGREEMENT 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and the Consultant and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.10 MEDIATION -WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and/or construction of the subject Project(s), and/or following the completion of the Projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non-binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions with all 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 will bear their own attorney's fees. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this agreement. 10.12-1 NON-DISCRIMINATION The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 14 PROFESSIONAL SERVICES AGREEMENT 10.12-2 OSHA COMPLIANCE The Consultant warrants that it will comply with all safety precautions as required by federal, state or local laws, rules, regulations and ordinances. The City reserves the right to refuse the Consultant access to City property, including project jobsites, if the Consultant employees are not properly equipped with safety gear in accordance with OSHA regulations or if a continuing pattern of non- compliance with safety regulations is exhibited by the Consultant. 10.12-3 ADA COMPLIANCE The Consultant shall affirmatively comply with all applicable provisions of the ADA in the course of providing any work, labor or services funded by the City, including Titles I & II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally the Consultant shall take affirmative steps to -insure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise between the parties. The Consultant has no authority to bind the City to any promise, debt, default, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as identified in Article 10.06, 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 five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of 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 five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for his/her resolution, is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000.00, the City Manager's decision shall be approved or disapproved by City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable, or (ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.16 INDEPENDENT CONTRACTOR A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 15 PROFESSIONAL SERVICES AGREEMENT The Consultant has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant, and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the City under this Agreement. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days' notice. 10.18 THIRD PARTY BENEFICIARY The Consultant and the City agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the proposer's authorized signature affixed to the proposer's acknowledgment form attests to this. If a PSA or other Agreement is provided by the City and included in this solicitation no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any provision of the Agreement, or any paragraph, sentence, clause, phrase, or word, or the application thereof, is held invalid, the remainder of the Agreement shall be construed as if such invalid part were never included herein and the Agreement shall be and remain valid and enforceable to the fullest extent permitted by law. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 16 PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: LEO A. DALY COMPANY, a Foreign Profit corporation Signature &ign ure _ James B. Brader, Sr. Vice President Print !Name, 7711e Rafael Sixto, Vice -President, Managing Principal ATTEST: (Corporate Seal) Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida Todd B. Hannon, City Clerk _ Daniel J. Alfonso, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Department APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 17 PROFESSIONAL SERVICES AGREEMENT CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of A D.-ily Co„ p , f, ; , a corporation organized and existing under the laws of the State of Nebraska held on the 22day of March 2016, a resolution was duly passed and adopted authorizing (Name) James n Brader as (Title) sr vice President of the corporation to execute agreements on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. further certify that said resolution renj ains in full force and effect. IN WITNESS HER F, I e hereunto set my hand this 6 , day of February , 20 1 Secretary: Print: James B. Brader, Asst. Secretary CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of a partnership organized and existing under the laws of the State of held on the _day of a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner: Print: Names ano aooresses ofpartners: Name Street Address city State Zip A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-1S-037) Page 18 PROFESSIONAL SERVICES AGREEMENT CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement each member of the joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Signed: Print: NOTARIZATION STATE OF r L v e i-/) A ) A1,19 ) SS: / � COUNTY OF i,19 ), The foregoing instrument was acknowledged before me this day of F�I?e,Axr 20 /'/, by %, ; r. r �, ic, who_isis ne_rsnnafly.. nown to me or who. -has -produced as identification and who (di % did not) take an oath. SIGNATURE OF NOTARY PUBLIC A :t DIANE CINTRA STATE OF FLORIDA - j MY COMMISSION #FF175607 A21-'ew �AP.r EXPIRES January 16, 2419 J i) N /v T A 007} 398.0153 FlorldallotarySarvloe.com PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page i9 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL Architectural and Engineering Services for Shenandoah Park and New Swimming Pool Facility shall include, but are not limited to, project management, complete planning, design services, and construction management services to assist the City in fulfilling its responsibilities under Miami 21 and all other relevant State, County and City ordinances. Services may also include planning and design Services, programming, schematics, scheduling, inspection, permitting, feasibility studies, ADA compliance, pool structure design, evaluations, public/community meetings and/or charrettes, lighting, pool mechanical, electrical and plumbing (MEP) design, structural, landscaping, site planning, grading and drainage, water and sewer, environmental assessments and engineering, code compliance and permitting parking analysis, detailed facility assessments, cost estimates, opinions of probable construction cost, construction management, 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 and engineering services as needed to complete the Project. Consultant shall provide Professional Architectural and Engineering Services for Shenandoah Park and New Swimming Pool Facility in accordance with Section 287.055 Florida Statutes, as amended, Consultants' Competitive Negotiations Act (CCNA). The City may also require the Consultant to perform construction engineering inspections (CEI), threshold inspections, plans review and landscape architecture services. Consultant shall provide design, construction documents, construction administration and related Services necessary for the design, construction engineering and inspection Services of the Project. A1.01 SCOPE OF SERVICES The Consultant agrees to provide comprehensive professional services in accordance with all applicable law, building and environmental regulations, including the Florida Building Code and the City of Miami, Florida, Code of Ordinances, and as set forth in this Agreement and as further detailed in Exhibit 1 - Consultant's Detailed Scope of Work and Fees, incorporated as part of this Agreement. 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 architectural and engineering professional services for the Project. The City may 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 Project consists of the Architectural and Engineering design Services of the general park plan enhancements and the new swimming pool facility, including, but not limited to, the following components: General Park Plan Enhancement: Consultant shall develop a site improvement design and prepare plans and presentations illustrating the new design/improvement concepts, including the following components: a. Park access and amenities b. Parking and accessibility c. Circulation New Swimming Pool Facility at Shenandoah Park The Project consists of the A/E design services of a new controlled access swimming pool facility, including the following components: A Long Course pool, possibly an "L" shaped pool, in which the large area shall be 50 yards long with eight to ten swimming lanes. The smaller area will be used to facilitate learn -to - swim and other aquatic programs; A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 20 PROFESSIONAL SERVICES AGREEMENT b. Design elements of an eight inch main with connectivity to the County's water main at intersecting streets; c. Pool bath house (includes mens and womens bathrooms, showers, locker rooms, pump room and storage); d. Lifeguard office/first aid room. The construction of the general park plan enhancements and the new swimming pool facility will be performed by a firm selected through an Invitation to Bid (ITB) separate from this RFQ. The RFQ has been initiated for A/E services only. A1.02 WORK ORDERS A1.02-1 PROCEDURES When OCI has determined that a specific phase of the Project is to proceed, the Director of OCI or authorized designee will request in writing, a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The OCI Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal OCI will prepare a Work Order that will be reviewed by OCI staff and the Director or designee. Upon approval OCI will issue a written Notice to Proceed subsequent to approval of the Work Order by the Director or designee. ARTICLE A2 BASIC SERVICES Consultant agrees to provide complete Architectural and Engineering services as set forth in the tasks enumerated hereinafter, in accordance with Florida Statute 481.311, latest edition, all federal, state, county and City of Miami, Florida, Laws, Codes and Ordinances. Consultant shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in the Agreement. Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents required under Article A2, without additional charge, for review and approval by City. Consultant shall not proceed with the next task of the Work until the documents have been approved, in writing, by City, and an Authorization to Proceed with the next task has been issued by City. Consultant is solely responsible for the technical accuracy and quality of their Work. Consultant shall perform all Work in compliance with Florida Administrative Code Rule 61G15-19.001(4) and Section 471.033(1) (g) of the Florida Statutes. Consultant shall perform due diligence, in accordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all design, drawings, specification, and other Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specification or other Services. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its designs, drawings, specification or other Services. A2.01 DEVELOPMENT OF OBJECTIVES A2.01-1 Consultant shall confer with representatives of City, the Project Manager, and other jurisdictional agencies to develop several options for how the various elements of the project will be designed and constructed. A2.01-2 Consultant shall, utilizing a compilation of available documentation, confer with representatives of City, the Project Manager, and other jurisdictional agencies in order to A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 21 PROFESSIONAL SERVICES AGREEMENT comprehensively identify aspects of the completed facility program that may require further refinement to attain the requisite detail of design development required to begin the creation of Construction Documents. For clarity of scope, the items that need further development will be called Conceptuals and the remaining items will be called Designs. A2.01-3 Consultant shall prepare written descriptions of the various options and shall participate in presentations to multiple groups explaining alternative options. Sufficient detail shall be provided to support the presentation materials. A2.02 SCHEMATIC DESIGN A2.02-1 Design Concept and Schematics Report 1. Consultant shall prepare and present, in writing and at an oral presentation if requested, for approval by City, a Design Concept and Schematics Report, comprising Schematic Design Studies, including an identification of any special requirement affecting the Project, a Statement of Probable Construction Cost, Project Development Schedule and review of Constructability Review reports. 2. Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations, sections, and all other elements required by City or Project Manager to show the scale and relationship of the components and design concepts of the whole. The floor plans may be single -line diagrams. A simple perspective rendering or sketch, model or photograph thereof may be provided to further show the design concept. 3. A Statement of Probable Construction Cost, prepared in Construction Standard Index (CSI) format, to include a summary of the estimated project cost and an evaluation of funding allocation. Such summary shall be in sufficient detail to identify the costs of each element and include a breakdown of the fees, general conditions and construction contingency. Such evaluation shall comprise a brief description of the basis for estimated costs per each element and similar project unit costs. Costs shall be adjusted to the projected bid date. Recommendations for reducing the scope of the Project in order to bring the estimated costs within allocated funds, in the event that the statement of Probable Construction Costs exceeds allocated funds, Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. Any "Statement of Probable Construction Costs" prepared by Consultant represents a reasonable estimate of cost in Consultant's best judgment as a professional familiar with the local construction industry. 4. The Project Development Schedule shall show the proposed completion date of each task of the Project through design, bidding, and post design services. 5. Constructability Review reports shall be conducted by the City and/or its consultants at design stages deemed necessary by the Project Manager. Consultant shall provide five additional deliverable plan sets for distribution, by City, to others for this purpose. There shall be an established deadline for review report submission back to 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. A2.03 DESIGN DEVELOPMENT From the approved Schematic Design documents, Consultant shall prepare and present in writing, and at oral presentations, if requested, for approval by City, separate Design Development Documents, updated Project Development Schedules, updated Statements of Probable Construction Costs and a review of Constructability Review reports. 1. The Design Development Documents shall consist of drawings (site plans, floor plans, elevations, and sections), outline specifications, and other documents. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 22 PROFESSIONAL SERVICES AGREEMENT 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 2.4 Construction phasing plan 3. The updated Development Schedules shall show the proposed completion dates of each milestone of each Project through design, bidding, construction and proposed date of occupancy. Consultant will also detail all long lead procurement items and architecturally significant equipment that will need to be purchased prior to the completion of Construction Documents. 4. Provide updated Statements of Probable Construction Cost. If either statement of Probable Construction Cost exceeds allocated funds, Consultant shall prepare recommendations for reducing the scope of that particular Project in order to bring the estimated costs within allocated funds. Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. 5. Constructability Review reports A2.04 CONSTRUCTION DOCUMENTS From the approved Design Development Documents, Consultant shall prepare for written approval by City, Final Construction Documents setting forth all design drawings and specifications needed to comprise a fully biddable, permittable, constructible Project. Consultant shall produce 50%, 90% and Final Construction Documents for review and approval by City, which shall include the following: 1. A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included in the 50%, 90% and Final review shall be noted. Consultant shall attach an index of all anticipated drawing sheets necessary to fully define the Project. 2. The updated Project Development Schedule to include an outline of major construction milestone activities and the recommended construction duration period in calendar days. 3. An updated Statement of Probable Construction Cost in CSI format. 4. Consultant may also be authorized to include in the Construction Documents approved additive and/or deductive alternate bid items, to permit City to award a Construction Contract within the limit of the budgeted amount. 5. A Project Specifications index and Project Manual with at least 50%, 90% and Final of the Specifications completed. Documents submittal shall also include all sections of Divisions "0" and ..1 6. Consultant shall include, and will be paid for, City -requested alternates outside of the established Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with alternates required by the failure of Consultant to design the Project within the Fixed Limit of Construction Cost. 7. Consultant shall not proceed with further construction document development until approval of the 50% documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The 50% Documents review (check) set shall be returned to City upon submission of 90% complete Construction Documents and Consultant shall provide an appropriate response to all review comments noted on these previously submitted documents. Of the seven (7) copies to be provided, the Consultant shall submit four (4) full size copies of the drawings and specifications, and one digital copy in .pdf format. A2.04-1 Maximum Cost Limit A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 23 PROFESSIONAL SERVICES AGREEMENT Prior to authorizing the Consultant to proceed with preparation of Construction Document Development, the City shall establish and communicate to the Consultant, a maximum sum for the cost of construction of the Project ("Maximum Cost Limit"). If the City has not advertised for bids within ninety (90) days after the Consultant submits the Final Design to the City, the estimate of the cost of construction shall be adjusted by Consultant. Notwithstanding anything above to the contrary, the City may require the Consultant to revise and modify Construction Documents and assist in the re -bidding of the Work at no additional cost or fee to the City if all responsive and responsible bids received exceed ten (10%) percent of the Maximum Cost Limit. A2.04-2 Dry Run Permitting The Consultant shall file and follow-up for approval of building permits at the earliest practicable time during the performance of the Work, for approval by City, County, State and/or Federal authorities having jurisdiction over the Project by law or contract with the City, and shall assist in obtaining any such applicable certifications of permit approval by such authorities prior to approval by CIP of the final set and printing of the Construction Documents. The Consultant shall promptly, at any time during the performance of the Work hereunder, advise the City of any substantial increases in costs set forth in the Statement of Probable Construction Cost that in the opinion of the Consultant is caused by the requirement(s) of such. Upon completion of dry run permitting, Consultant shall provide as part of the seven (7) copies to be submitted, five (5) full size sealed copies of the drawings and specifications. Consultant shall also provide digital versions of the drawings in .dwg, .pIt, and .pdf formats. The specification additional terms and conditions shall be provided in both .pdf and .doc formats. A2.05 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 obtaining bids and preparing and awarding the construction contract. The City, for bidding purposes, will have the bid documents printed, or at its own discretion, may authorize such printing as a reimbursable service to the Consultant. A2.05-2 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 addendum or clarifications, or responses shall be issued by the City. 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. 4. The Consultant will be present at the bid opening, if requested by the City. A2.05-3 Bid Evaluation and Award The Consultant shall assist the City in evaluation of bids, determining the responsiveness of bids and the preparation of documents for Award of a contract. If the lowest responsive Base Bid received exceeds the Total Allocated Funds for Construction, the City may: 1. Approve an increase in the Project cost and award a Contract; 2. Reject all bids and re -bid the Project within a reasonable time with no change in the Project or additional compensation to the Consultant; 3. Direct the Consultant to revise the scope and/or quality of construction, and rebid the Project. The Consultant shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost based on such revisions within the Total Authorized Construction Budget. The City may exercise such option where the bid price exceeds 10% of the Fixed Construction Budget provided to the Consultant and as may be modified by the City and the Consultant prior to soliciting bids. 4. Suspend, cancel or abandon the Project. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 24 PROFESSIONAL SERVICES AGREEMENT NOTE: Under item 3 above the Consultant shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the budgeted amount. A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT A2.06-1 The Construction Phase will begin with the issuance of the Notice to Proceed and will end when the Consultant has provided to the City all post construction documents, including Contractor As -Built drawings, Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City during the Construction Phase, 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 site to conduct field observations, at a minimum on a weekly basis, and at all key construction events to ascertain the progress of the Project, and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or will not be required to make extensive inspections or provide continuous daily on-site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing and distributing minutes of all meetings and field inspections report it is asked to attend. Consultant and will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant will not be held responsible for the Contractor's or sub -contractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 The Consultant shall furnish the City with a written report of all observations of the Work made by Consultant and require all to do same during each visit to the Project. The Consultant shall also note the general status and progress of the Work on forms furnished by the City. The Consultant shall submit the reports in a timely manner. The Consultant and Subconsultant shall ascertain that the Work is acceptable to the City. Consultant shall assist the City in ensuring that the Contractor is making timely, accurate, and complete notations on the "as -built" drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services. The Consultant's failure to provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration fees paid to the Consultant. A2.06-5 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. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 25 PROFESSIONAL SERVICES AGREEMENT Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work which does not conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the construction documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital Improvements. The Consultant shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, 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 inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion" after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall in conjunction with representatives of the City and the Contractor prepare a punch -list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Florida Statute 218.735. Upon satisfactory completion of the punch -list the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all items on the punch -list, all necessary close-out documentation from the Contractor including but not limited to all guarantees, 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) 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. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 26 PROFESSIONAL SERVICES AGREEMENT 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 based on information furnished by the 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 will be the Consultant's responsibility to incorporate into the "Record Set" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience, 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 will 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 normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Section B3.06. A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: A3.02-1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. A3.02-2 Specialty Desiqn: Any additional special professional services not included in the Scope of Work. A3.02-3 Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of prospective sites. Surveys of the existing structure required to complete as -built documentation are not additional services. A3.02-4 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 A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 27 PROFESSIONAL SERVICES AGREEMENT Major Revisions: Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and are due to causes beyond the control of Consultant. (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-6 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. A3.02-7 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice related to construction. A3.03 ADDITIONAL DESIGN The City may, at its option, elect to proceed with Additional Services relating to the Project. ARTICLE A4 CITY'S RESPONSIBILITIES 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 Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program 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, 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, Consultant and the City staff shall assume the responsibilities described in the general conditions and supplementary conditions of the construction contract relating to review and approval of the construction work by the Contractor. A4.02-2 A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-1S-037) Page 28 PROFESSIONAL SERVICES AGREEMENT 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. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 29 PROFESSIONAL SERVICES AGREEMENT SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD Leo A Daly Architectural/Project Management Kimley-Horn and Associates, Inc. Landscape Architecture and Civil Engineering Bliss & Nyitray, Inc. Structural Engineering Martin-Vilato Associates, Inc. Mechanical/Electrical/Plumbing Engineering Aquadynamics Design Group, Inc. Aquatic Engineering (Pool) The Bosch Group, Inc. Cost Estimating F. R. Aleman & Associates, Inc. Surveyor SCHEDULE A2 - KEY STAFF PROFESSIONAL'S NAME JOB CLASSIFICATION Leo A Daly Rafael Sixto Managing Principal Ron Wiendl Design Architect Sergio Pendas Project Manager Ralph Fleitas Project Architect Diego Martinez Architectural Intern (CADD Sr.) Adriana Ghersi Architectural Intern (CADD Int.) Kimley-Horn and Associates, Inc. Aaron Buchler, P.E. Principal George E. Puig, PLA Senior Landscape Architect Justin Rietema, PLA Landscape Architect Kim Misek Senior Landscape Analyst Michelle Latte Landscape Analyst Victoria Mancini Landscape Analyst Alberto Herrera, P. E. Senior Civil Engineer A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 30 PROFESSIONAL SERVICES AGREEMENT Priya Kum Civil Engineer Bliss & Nyitray, Inc. Paul Zilio Jim Ordija Principal Project Manager Eric Zuidema Project Manager Raul Martinez CADD Operator Martin-Vilato Associates, Inc. Richard A. Martin, P.E. Principal / Senior Engineer / Project Manager Enrique G. Vilato, P.E. Principal / Senior Engineer / Project Manager Silvia V. Lacasa, P.E. Project Engineer Ian Williams Engineer Miguel Garcia Technical Assistant Aquadynamics Design Group, Inc. John Wahler Project Director Senior P.M. Ofelia Taboada Project Manager The Bosch Group, Inc. Maria Bosch Principal / Project Manager Shirley Mecsery Senior Estimator Andres Carballido Estimator F. R. Aleman & Associates, Inc. Frank Paruas, PLS Senior Surveyor & Mapper Lis Tolstoy Surveyor & Mapper Julio Delgado CADD Technician Carlos Cuenca Surveying Intern Ana Perurena Secretary A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 31 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 B3.01). b) An Hourly Rate, as defined 83.02 in Section and at the rates set forth in Section. NOTE: The Lump Sum manner of compensation is the preferred and primary form of compensation B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2, 2.03-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have received and approved by the Director. The averages of said certified Wage Rates are summarized in Schedule B1 incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and 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 131 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, CADDD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a maximum multiplier of 2.9 for home office and 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative and clerical support, other employee time or travel and subsistence not directly related to a project. B2.04 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones and deliverables identified under the Scope of Work as exemplified in Schedule A2, Key Staff. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 32 ATTACHMENT B - COMPENSATION 82.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e.g. sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits) and an overhead factor. Failure to comply with this section shall be cause for cancellation of this Agreement. 82.06 ESCALATION There shall be no escalation clause as part of this Agreement. ARTICLE 133 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 B3.02-1 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 will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost or expense above this figure. 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 will establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks. B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES: The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 33 ATTACHMENT B - COMPENSATION the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. 133.05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Sections 83.053 and 83.035 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_miamigov.com/capitalimprovements/pages/ProcurementOpportunities. The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. 83.05-1 Determination Of Fee The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum; Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance An independent and detailed Notice to Proceed, and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The Notice to Proceed will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. 63.05-3 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 will apply the multiplier of one- (1.0) times the amount expended by the Consultant. 133.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to Errors or Omissions of the Consultant as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiations. ARTICLE 134 PAYMENTS TO THE CONSULTANT 134.01 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.miamigov.com/Capital Improvements/pages/ProcurementOpportunities. Failure to use the City Form will result in rejection of the invoice. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 34 ATTACHMENT B - COMPENSATION 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, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by the Subconsultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. 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. ARTICLE 135 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: 85.01-1 Transportation Transportation shall not be considered as reimbursable expenses under this Agreement. 65.01-2 Travel and Per Diem Travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. B5.01-3 Communication Expenses Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between Consultant and Subconsultants. 65.01-4 Reproduction, Photography Cost of printing, reproduction or photography, beyond that which is required by or of the Consultant to deliver services, set forth in this Agreement. All reimbursable expenses must be accompanied by satisfactory documentation. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 35 ATTACHMENT B - COMPENSATION 135.01-5 Permit Fees All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the construction Contractor. 85.01-6 Surveys Site surveys and special purpose surveys when pre -authorized by the Project Manager. 85.02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's 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 135 herein. ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B6.01 GENERAL It is understood that all Consultant agreements and/or Work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 36 ATTACHMENT B - COMPENSATION ATTACHMENT B - COMPENSATION SCHEDULE B1 - WAGE RATES SUMMARY KEY STAFF NAME NEGOTIATED JOB CLASSIFICATION HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (Multiplier Applied) Leo A Daly (2.9 Multiplier) Rafael Sixto Managing Principal $74.28 $215.41 Ron Wiendl Design Architect $56.00 $162.40 Sergio Pendas Project Manager $56.33 $163.35 Ralph Fleitas Project Architect $31.62 $91.70 Diego Martinez Architectural Intern (CADD Sr.) $26.44 $76.68 Adriana Ghersi Architectural Intern (CADD Int.) $21.63 $62.73 Klmley-Horn and Associates Inc. (2.9 Multiplier) Aaron Buchler, PE Principal $74.04 $214.71 George E. Puig, PLA Senior Landscape Architect $62.50 $181.25 Justin Rietema, PLA Landscape Architect $43.28 $125.51 Kim Misek Senior Landscape Analyst $36.54 $105.97 Michelle Latte Landscape Analyst $27.42 $79.52 Victoria Mancini Landscape Analyst $27.42 $79.52 Alberto Herrera, PE Senior Civil Engineer $52.90 $153.41 Priya Kum Civil Engineer $31.74 $92.05 Bliss & NVitray. Inc. (2.71 Multiplier) Paul Zilio Principal $60.00 $162.60 Jim Ordija Project Manager $46.00 $124.66 Eric Zuidema Project Manager $28.50 $77.24 Raul Martinez CADD Operator $25.00 $67.75 Martin-Vilato Associates Inc. (2.9 Multiplier) Richard A. Martin, PE Principal / Senior Engineer / Project Manager $56.00 $162.40 Enrique G. Vilato, PE Principal / Senior Engineer / Project Manager $56.00 $162.40 Silvia V. Lacasa, PE Project Engineer $48.00 $139.20 Ian Williams Engineer $48.00 $139.20 Miguel Garcia Technical Assistant $25.00 $72.50 A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 37 ATTACHMENT B - COMPENSATION Aguadynamics Design Grou Inc. John Wahler Project Director Senior Project Manager $61.00 $176.90 Ofelia Taboada Project Manager $45.00 $130.50 The Bosch Group, Inc. 2.9 Multiplier Maria Bosch Principal / Project Manager $56.90 $165.00 Shirley Mecsery Senior Estimator $31.04 $90.00 Andres Carballido Estimator $25.85 $75.00 (2.9 Multiplier) F. R. Aleman & Associates, Inc. Fernando Gatell Senior Surveyor & Mapper $50.00 $145.00 Lis Tolstoy Surveyor & Mapper $43.27 $125.48 Julio Delgado CADD Technician $25.00 $72.50 Carlos Cuenca Surveying Intern $35.25 $102.23 Ana Perurena Secretary $20.50 $59.45 F. R. Aleman & Associates, Inc. Survev Crews: 1. 3 Man Crew Party Chief Instrument Man Rod Man (Burdened) Daily Rate 1,331.91 2. 4 Man Crew Party Chief Instrument Man Two (2) Rod Man (Burdened) Daily Rate 1,656.71 A&E Services for Shenandoah Park and New Swimming Pool Facility (RFQ 14-15-037) Page 38 Exhibit 1 - Consultant's Detailed Scope of Work and Fees LQ�A DALY DOW PLANNING December 5, 2016 ARCHITECTURE Mr. Jeovanny Rodriguez, ENGINEERING Director Capital Improvement and Transportation Program City of Miami INTERIORS 444 SW 2nd Avenue, 8th Floor Miami, Florida Subject: A/E Professional Design Services Proposal for: EST. 1915 Shenandoah Park and New Swimming Pool Facility, B-40563 1800 SW 2151 Avenue, Miami, Florida ABU DHABI ATLANTA Dear Mr. Rodriguez: AUSTIN BEIJING CHICAGO LEO A DAY appreciates the opportunity to offer this proposal for your consideration COLLEGE STATION CORPUS CHRISTI I. GENERAL: DALLAS DAMMAM In accordance with the Professional Services Agreement for Architectural and DENVER Engineering Services for the "Shenandoah Park and New Swimming Pool DOHA Facility, B-40563 (RFQ 14-15-037, Leo A Daly herein submits this fee proposal FLINT to provide complete Professional Architectural and Engineering services needed FORT WORTH HONG KONG to develop bid documents and to secure a dry -run building permit, including HONOLULU approval from all related agencies, and Construction Administration Services for HOUSTON the Project. LANSING LAS VEGAS II. SCOPE OF THE WORK: LOS ANGELES MIAMI MILPITAS The project includes: MINNEAPOLIS OMAHA A. Task No. 1 — Design Survey ORANGE RIYADH Preparation of a Map of Boundary and Topographic Survey of existing park SACRAMENTO conditions. SAN ANTONIO 1. Map of Boundary and Topographic Survey will locate all above ground SAN MARCOS improvements within the project site and adjacent streets. Survey will show all TAMPA WACO buildings, sidewalks, concrete slabs, parking areas, trees, asphalt pavement. WASHINGTON, DC 2. All above ground features will also be located, including but not limited to WEST PALM BEACH manholes (storm, sanitary, electric, telephone), catch basins, electric box, water valves. 3. Elevations will refer to NGVD29 or City of Miami Datum. 4. Map and Boundary and Topographic Survey will include the location of trees with 3 -inch diameter trunk or larger. FLORIDA LICENSE No. AA -C000734 5. Map of Boundary and Topographic Survey will show a 50' elevation grid. 6. Survey will include the determination of the Boundary Lines for the entire parcel. Boundary lines will be shown on the As -Built (Final) Survey only on the areas where the new improvements are in the vicinity of the Property lines. This 5200 Blue Lagoon Drive scope does not include the preparation of a Boundary Survey. Suite 700 7. Legal description to be provided by City of Miami. Miami FL 33126-7003 TEL 305.461.9480 FAX 305.461.3686 www.leoadaly.com PLANNING B. Task No. 2 — Geotechnical (Soils) and Percolation Report Subsurface exploration will consist of performing up to six soil test borings (SBT) at ARciitTLCTu�L the project site. Four SBT will be performed in the proposed pool area to a depth of FNGINFFRING 20 feet, one will be performed at the proposed pool house, and two boring on proposed site parking locations. Up to two permeability tests will be performed INTERIORSproposed the proposed area. FLINT C. Task No. 3 — Asbestos Survey FORK WOREH An AHERA-certified building inspector will sample accessible suspect materials for EST. 1915 possible asbestos content. We propose to collect Lip to three samples per HONOLULU homogeneous sampling area with an estimated 30 samples. A Chain -of -Custody ABU DHABI will be prepared and samples will be delivered to an independent laboratory for ATLANTA analysis. Upon receipt of the laboratory analytical report, a report of findings will AUSTIN BEIJING be generated. The report will be reviewed and approved by Nova's Florida CHICAGO Licensed Asbestos Consultant for delivery. COLLEGE STATION not included at this stage. CORPUS CHRISTI D. Task No. 4- General Park Plan Enhancement DALLAS DAMMAM LEO A DALY agrees to provide Professional Services to furnish professional design DENVER services for the park in two sub -parts: Part A Scope and Part B Scope. DOHA stakeholder meeting. Schematic Design of aquatic facility noted under Task FLINT 1, Part A Scoae FORK WOREH Design submittal set will be for conceptual design level landscape architectural HONG KONG • KHA will gather information, and analyze client provided data to gain a better HONOLULU design, civil engineering design as a due diligence report only, and electrical HOUSTON engineering design as a conceptual site lighting site plan only. Project management LANSING of this Part A Scope will be provided by Leo A Daly, the architect, inclusive of LAS VEGAS attendance at the various meetings and workshops described below. LOS ANGELES park (limited to available construction funds). Design of aquatic facility itself is MIAMI MILP11AS Included within the Part A scope is the following: MINNEAPOLIS • KHA will gather information, and analyze client provided data to gain a better OMAHA understanding of the site and Surroundingconditions. ORANGE RIYADH • Preliminary Conceptual Design Level Site Plans — KHA will prepare three (3) SACRAMENTO conceptual design level site plans in color (possibly diagrammatic) showing SAN ANTONIO alternative aquatic facility placement, as well as proposed enhancements to the SAN MARC05 park (limited to available construction funds). Design of aquatic facility itself is TAMPA WACO not included at this stage. WASHINGTON, DC Final Conceptual Design Level Site Plan — Based on City and stakeholder WEST PALM BEACH comments on the preliminary site plans, KHA will prepare one (1) Final Conceptual Design Level Site Plan in color which will be presented at the final stakeholder meeting. Schematic Design of aquatic facility noted under Task No. 5 is excluded at this stage. • KHA will prepare one (1) image and material exhibit depicting the landscape FLORIDA LICENSE No. AA -0000734 materials and one image and material exhibit depicting the hardscape materials envisioned for the project. These exhibits will be presented to the various stakeholders as part of meetings, • KHA will perform a limited civil engineering site investigation which will 5200 Blue Lagoon Drive culminate in a report based on its knowledge on the following tasks to be Suite 700 performed: Miami FL 33126-7003 o Request information regarding existing utilities; TEL 305.461.9480 FAX 305.461.3686 w ww.leoadaly.com PLANNING o Coordinate with Miami -Dade Water & Sewer to request record drawings of the existing water and sewer system and evaluate the need for onsite ARcfiirFCTLIr;F and offsite water and sewer utilities to serve the proposed development. ENGINEERING o Coordinate with the Department of Regulatory and Economic Resources (DRER) Wastewater Section to obtain operational information for the INTERic�Rs existing lift station currently serving the area to determine if the lift station has Sufficient sanitary sewage transmission and treatment capacity to serve the proposed development. o Coordinate with DRIER to research possible site contamination issues. EST. 1915 o Coordinate with City of Miami Fire Department staff to determine minimum fire protection requirements relating to existing or proposed ABU DHABI water distribution systems, hydrants, and site access issues. ATLANTA o Coordinate with City of Miami Public Works and Planning and Zoning AUSTIN BEIJING staff to verify permitting requirements and design criteria for new or CHICAGO modified driveway connections to the subject site, and for any COLLEGE STATION proposed work to be performed within the right-of-way. CORPUS CHRISTI o Review FEMA and Florida Buildingp!7 Code Flood Plain requirements. DALLAS DAMMAM DENVER • MVA will visit site and gather existing site electrical information based on DOHA readily observable elements and create one conceptual electrical site plan FLINT which dovetails with KHA's Final Conceptual Design Level Site Plan. FORT WORTH HONG KONG HONOLULU • Attendance will be provided by noted consultants at the following meetings and HOUSTON workshops: LANSING o Kick-off meeting plus one (1) project coordination meetings with client LAS VEGAS and City staff which includes CIP & Parks and Recreation (KHA & LOS ANGELES MIAMI LAD) MUPIIAS o One (1) Parks Advisory Board meeting to present the three preliminary MINNEAPOLIS site plans (KHA & LAD) OMAHA o One (1) Parks Advisor Board meeting to resent the final site Ian Y g p p ORANGE RIYADH (KHA & LAD) SACRAMENTO o One (1) Planning & Zoning Board meeting to present the final site plan SAN ANTONIO (KHA, MVA, LAD) SAN MARCOS o One Commissioner meeting{ p preliminary to resent the three site plans TAMPA WACO cJ (KHA & LAD) WASHINGTON, DC o One Commissioner meeting to present the final site plan (KHA & LAD) WEST PALM BEACH o One Public Workshop — to help identify a vision and guiding principles of the project - limited to 4 hours.(KHA & LAD) o Public Workshop Presentation #1 — KHA will generate and present three conceptual plans - limited to three hours (KHA & LAD) o Public Workshop Presentation #2 — KHA will generate and present one FLORIDA LICENSE No. AA -C000734 (1) Final Conceptual Site Plan based on refinements to selected option from information gathered from Public Workshop Presentation #1 — limited to three hours. (KHA, MVA, LAD) 5200 Blue Lagoon Drive 2. Part B Scope Suite 700 In accordance with applicable sections of the above referenced Professional IFiami FIL L305.461-9180 003 Services Agreement, the Part B scope of services includes landscape architecture FAX 305.461.3686 and civil engineering services within park boundaries during the Construction ww— leoacial y. cam N 1 BC* PLAN NINC Document Phase, Bid/Permit Phase, and Construction Administration Phase for enhancements to the park based on the following scope: ARC IITECTORE . New sidewalks to maintain pedestrian circulation and the connectivity to all site FNGINIFF RING amenities • A new parking lot within park boundary INTERIORS . Site furnishing, pedestrian and/or security lighting. Part B services assumes the design approved at the culmination of Part A phase is "frozen" and that no major changes to the approved General Park Plan EST. 1915 Enhancements will be encountered in Part B. ABU DHABI E. Task No. 5- New Swimming Pool Facility ATLANTA LEO A DALY agrees to provide Professional Services to furnish architectural and AUSTIN BEIJING engineering Basic Services described in the above referenced Professional Services CHICAGO Agreement (Schematic Design through Construction Administration) in accordance COLLEGE STATION with items A through G of the attached Exhibit 'A' — Shenandoah Swimming Pool CORPUS CHRISTI FacilityScope of Work Directive/Minimum Requirements, p q DALLAS DAMMAM DENVER Additionally, two 3D color renderings (front and back) of the swimming pool DOHA facility will be provided. FLINT FORT WORTH F. Task No. 6 — Expediter Services HONG KONG HONOLULU Permit expediting services through the City of Miami Building Department. HOUSTON Scope involves submitting plans, perforating, and all other processing needed LANSING until such time as a building permit is successfully issued. The services also LAS VEGAS inClug plans runnin to and from agencies other than COM such as DERM, LOS ANGELES MIAMI Florida Department of Health, WASA, and NPDES. MILPI TAS MINNEAPOLIS III. SUBCONSULTANTS: OMAHA LEO A DALY agrees to provide comprehensive Professional Services to furnish ORANGE RIYADH architectural and engineering Basic Services described In Exhibit 'B' limited to the SACRAMENTO following consultants: SAN ANTONIO TAN MARcns KimleY Horn & Associates (KHA) Landscape Architecture TAMPA WACO Kimley-Horn & Associates (KHA) Civil Engineer WASHINGTON, DC Aquatic Design & Engineering: Aquadynamics WEST PALM BEACH Bliss & Nyitray, Inc. (BNI) Structural Engineer Martin-Vilato Associates (MVA) Mechanical/Electrical/FP Engineer The Bosch Group Cost Estimating Services FR Aleman & Associates (FRAA) Survey Engineer Nova Engineering & Environmental Geotechnical Engineer FLORIDA LICENSE No. AA, -0000734 We Do It, Inc. Permit Expediter 5200 Blue Lagoon Drive Suile 700 Miami FL 33126-7003 TEL 305.461.9480 FAX 30S.461.3686 www.leoadaly.com IV. SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the table below: I'LANN ING ARCHITECTURE FNGINFFRING INTFRIORS E51- 1915 ABU DHABI ATLANTA AUSTIN BEIJING CHICAGO COLLEGE STATION CORPUS CHRISTI DALLAS DAMMAM DENVER DOHA FLINT FORT WORTH HONG KONG HONOLULU HOUSTON LANSING LAS VEGAS LOS ANGELES MIAMI MIL PI I AS MINNEAPOLIS OMAHA ORANGE RIYADIA SACRAMENTO SAN ANTONIO SAN MARCOS TAMPA WACO WASHINGTON, DC WEST PALM BEACH FLORIDA LICENSE No. AA -C000734 5200 Blue Lagoon Drive Suite 700 Miami FL 33126-7003 TEL .305.461.9480 FAX 305.461 .3686 www.leoadaly.com Schedule of Deliverables Task, Subtask Maior Task, Sub -Task Activity or Duration Delivery Date Deliverable Geotechnical/Percolation Report (weeks or Icumulallve weeks or Compensation Asbestos Survey das C-111(NL-11 days) Task 1 Design Survey NTP + 6 weeks Task 2 Geotechnical Soils and NTP + 4 weeks Percolation Re ort Task 3 Asbestos Survey NTP +4 weeks Task 4 General Park Plan 12 weeks from Enhancement receipt of survey Task 5 New Swimming Pool Facility General Park Plan Enhancement Approval + Schematic Design Phase 4 weeks Owner Review & Approval 1 week Design Development Phase 5 weeks Owner Review & Approval 1 week 50% Construction Documents 6 weeks Owner Review & Approval 1 week 90% Construction Documents 5 weeks Owner Review & Approval 1 week Final Construction Documents 1 weeks Project Out for Bids/Permitting TBD Construction Administration to Substantial Comp. 10 months Substantial to Final Completion 1 month Task 6 Expediter Services TBD V. COMPENSATION: Compensation to LEGA DALY shall be a stipulated sum of $31,298.39 for Pre -Design Services (Tasks 1, 2, &3), $512,098.17 for Basic Services (Tasks 4, 5, &6), $100,000 for an Allowance for Additional Services, and $40,000 for Reimbursable expenses. Task No. 1 — Design Survey Compensation Design Survey $22,973.27 Task No. 2 — Geotechnical (Soils) and Percolation Report Compensation Geotechnical/Percolation Report $6,825.12 Task No. 3 — Asbestos Survey Compensation Asbestos Survey $1,500.00 Task No. 4 — General Park Plan Enhancement Compensation Part A Scope PLANNING ARCHITECTURE FNGINEFRING INTFRIOR5 EST. 1915 ABU DHABI ATLANTA AUSTIN BEIJING CHICAGO COLLEGE STATION CORPUS CHRISTI DALLAS DAMMAM DENVER DOHA FLINT FORT WORTI I HONG KONG HONOLULU HOUSTON LANSING LAS VEGAS LOS ANGELES MIAMI MILPITAS MINNEAPOLIS OMAHA ORANGE RIYADH SACRAMENTO SAN ANTONIO SAN MARCOS TAMPA WACO WASHINGTON, DC WEST PALM BEACH FLORIDA LICENSE No. AA -C000734 5200 Blue Lagoon Drive Suite 700 Miami FL 33126-7003 TEL 305.461.9480 FAX 305.461.3686 www.leoadaly.com Landscape Architecture Conceptual Design (KHA) $12,104.60 Civil Engineering Due Diligence (KHA) $4,570.40 Public Meetings & Public Engagement Activities (KHA) # $9,416.30 Electrical Engineering Site Consultations/Concept (MVA) $1734.20 Project Management & Client/Public Meetings (LAD) $15,720.90 Subtotal Part A Scope: $43,546.40 Part B Scope Civil/Landscape Construction Documents (KHA) $47,090.20 Civil/Landscape Permitting Assistance (KHA) 13,264.60 Civil/Landscape Bidding Assistance (KHA) 2,694.10 CA Phase (KHA) 15,007.50 Project Management CD/Permit/CA Phase (LAD) 20,325.32 Electrical Engineering CD/Permit/CA Phase $10,405.20 Subtotal Part B Scope: $108,786.92 Task No. 5 — New Swimming Pool Facility Compensation (Architecture, Structural & MEP/FP, Aquatics Engineering, Detailed Cost Estimating) Schematic Design $55,956.43 Design Development $77,795.84 Construction Documents $147,179.08 Bidding or Negotiation Phase Services $11,451.22 Construction Contract Administration $63,382.28 Two (2) 3D color renderings — swimming facility $2,500.00 Sub -Total Task 5: $358,264.85 Task No. 6 — Expediter Services Compensation Expediter $1500.00 Pre -Design Services (Tasks 1, 2, & 3) Basic Services Total Fee (Tasks 4, 5, & 6): Allowance for Additional Services Reimbursable NTE 31,298.39 $512,098.17 $100,000.00 $40,000.00 Notes: J. Unit price has been requested for attendance at each of the 8 Task No, 1 meetings (included in fee). Unit price for each 3 hour meeting, 3 attendees is $1845. In addition, LEC) A DALY will be compensated for reimhUrsable expenses as described in the above referenced Professional Services Agreement. ASSUMPTIONS: 1 . The project is anticipated to be built in one phase under one permit (no phased construction). 2. Rough estimates of annual utility expenditures may be provided as part of Basic Services (water consumption, electric). 3. Facility operating cost estimates are excluded. Construction cost estimates are included. 4. Owner will provide information on voice/data/audio-visual and security. Consultant's electrical drawings will provide empty conduit only for these systems. z• ETA PLANNING 5. Special Inspection Services for a threshold building and for other building systems are excluded. Ar C1111 F(_TIJRr 6. Services associated with LEED Certification are not included. The Consultant will ENGIINFFKING endeavor to incorporate LEED green building practices as are feasible from a practical and fiscal perspective. ° �1F °`li'�' 7. Site lighting is for security purposes only and excludes lighting of baseball fields and courts. 8. Architect will coordinate location of artwork with artist for any artwork associated with Miami Dade County's Art in Public Places. EST. 1915 9. Site visits during construction are estimated at once every two weeks. 10. Off-site design outside park boundaries is excluded. ABU DHABI 11. Deliverables during the CD Phase will be at 50%, 90%, and Final. ATLANTA 12. The existing parking lot in area of fire station will be rehabilitated (milling, AUSTIN BEIJING resurfacing, restriping). Existing drainage is assumed to be in working order. New CHICAGO parking lot lighting will be provided to meet code. COI E FGF STATION CORPUS CHRISTI DAI L AS DAMMAM DENVER DOHA FI INT FORT WORHI HONG KONG HONOLULU I IOUSTON LANSING IAS VEGAS LOS ANGELES MIAMI MILPITAS MINNEAPOLIS OMAHA ORANGE RIYADH SACRAMLNIO SAN AN rONIO SAN MARCOS TAMPA WACO WASHINGTON. DC WEST PALM BEACH FLORIDA LICENSE No- AA -C000734 5200 Blue Lagoon Drive Suite 700 Miami IL 33126-7003 TEL 305-461-9480 f AX 305.461 .3686 www..leoaJaly..Corn VI. PROJECT MANAGER CONSULTANT'S Project Manager for this Work Order will be Sergio Pendas, AIA. We at LEO A DALY look forward to working on this very exciting project. I look forward to our next face-to-face meeting with the City of Miami project team. Sincerely, LEO A DALY City of Miami -ear eff`,�+/ Grw f Rafael Sixto, AIA, LEED AP Vice -President, Managing Principal By: Title: Encl: Exhibit `A' - Shenandoah Swimming Pool Facility Scope of Work Directive/Minimum Requirements Schedule Al -Sub Consultant & Schedule A2- Key Staff (Various Consultants) Schedule B1- Wage Rates Summary (Various Consultants) Work Order Consultant Worksheets — Building Design & Pool Area (Various Consultants) Work Order Consultant Worksheet — Site Design- Shenandoah Park EXHIBIT "A" Shenandoah Swimming Pool Facility Scope of Work/Minimum Requirements Revised 11/16/2016 Provide a minimum of 3 conceptually designed options showing the new pool facility location for the City's review and approval. The scope of work shall include, but is not limited to: A. Demolition of existing swimming pool facility B. Entrance of the Building/Pool Facility: • Pool facility entrance to be similar to Charlie Hadley Park's Aquatic Complex, and exit with turnstiles and esthetics. Designer may schedule a site visit to review the Hadley facility • Ticket office, aquatic manager's office, staff office, first aid space, staff break room, changing room, IT room, and office storage room/area • All windows must be Impact resistant with views to patrons entering and existing, and to the activities inside the facility • Power, telephone and data outlets • Control panel for facility burglar alarm system • Annunciator for facility fire alarm system (if system is required) • Security surveillance system/cameras with recorder and monitors • Public Announcement (PA) system with exterior speakers and speakers inside the locker rooms. • Music system with new technology. • Interior and exterior speakers should be divided into 3 zones • All habitable areas to be properly air conditioned • Unisex and handicap accessible bathroom — floor mounted toilet, vanity, faucet, break -proof mirror, grab bars, shower stall, hand dryer and small bench C. Locker Rooms shall include: Women's Bathroom • Vanity with sinks, faucets, soap dispensers and break/rust-proof mirror(s). • Toilet stalls with floor mounted toilets, toilet paper dispensers and door hooks • Handicap toilet stall with floor mounted toilet, grab bars, sink, commercial faucet, toilet paper dispensers, door hook, mirrors, etc. • Shower stalls with door hooks and manual controls • Handicap shower stall with manual controls, seating inside and outside of shower stall • Free standing non-metal lockers, each with several 12"X14" lockable compartments • Area for changing. Space should include fixed non-metal benches and hooks • Hand dryer and trash receptacle • Baby changing station • Excellent Mechanical ventilation Family/Handicap bathroom • Sink, commercial faucet, break/rust-proof mirror and soap dispenser • Handicap shower stall with manual controls and seating inside and outside of the shower stall • Floor mounted toilet • Grab bars, paper towel dispenser, trash receptacle and door hook • Baby changing station • Excellent Mechanical ventilation Men's Bathroom • Vanity with sinks, commercial faucets, soap dispensers and break/rust-proof mirror(s) • Toilet stalls with floor mounted toilets, toilet paper dispensers and door hooks • Handicap accessible toilet stall with floor mounted toilet, grab bars, sink, commercial faucet, toilet paper dispensers, door hook, mirrors, etc. • Urinals • Shower stalls with door hooks and manual controls • Handicap shower stall with manual controls, seating inside and outside of shower sta I I • Free standing non-metal lockers, each with several 1 2"X14" lockable compartments • Area for changing. Space should include fixed non-metal benches, and hooks • Hand dryer and trash receptacle • Baby changing station • Excellent Mechanical ventilation Janitor's Closet • Mop sink, hose bib, shelf for storing cleaning agents and mop holder • Large space for storage room for all aquatic related equipment • Adequate cabinet to store cleaning supply chemicals General Note: All accessories to be heavy-duty grade. D. Electrical, Mechanical, and IT Rooms • As necessary to accommodate for the new facility E. Pool Equipment and Related Rooms/Systems: • Sand Filtration System • Chlorination System • CL2 Feeder • Chemical Controller • PH Feeder • Liquid Chlorine tank • Dual Pool Pumps (to ensure continuous pool usage during repairs) • Filter Pump • Geothermal System to heat and cool the pool • Pool thermal covers, including rollers. • Large Water Heater, connected to all shower and faucet supply lines • Storage room for pool chemicals (includes corrosive chemicals except chlorine). Seal room from all contiguous rooms and provide adequate ventilation • Secured area outside for chlorine tank storage • Emergency shower and eye wash station F. Swimming Pools (size and other features) • Long Course Pool: 50 meters X 25 yards; with option for lanes both directions, long and short course • The water depth should start at four (4) feet deep and at the 15 -meter mark slope down to seven (7) feet deep at the opposite end. • The 4 feet area shall be of sufficient size for teaching small children how to swim and for non -swimming parents to join their children. • The pool shall also include the following key items. Pool lighting Supply and drain lines Perimeter gutter system Depth and lane markings Stainless Steel ladders Starting blocks at both the long and short side of the pool All necessary connections for competition pads G. Pool Deck and Facility General Area • Non-abrasive cement deck surface that does not get unbearably hot during prolonged exposure to the sun • One (1) mechanical handicap lift secured to the deck • Three portable (3) lifeguard stands • Surface drainage • Three (3) exterior showers • Two (2) drinking fountains: refrigerated water, handicap accessible, exterior grade • Area/security lighting • Lightning detection and notification system • Shade umbrellas and/or sheltered area with either fixed or moveable seating • Assigned area for moveable aluminum bleachers • Ten foot high aluminum picket fence (or whatever is necessary to avoid invaders jumping over) at deck perimeter • Handicap ramp(s) and steps at the facility entrance and exits • Metal gate and turnstiles at the facility entrance and exits to control traffic and enhance security • Lightning detection/protection system H. Enhancements to the Park Based on the approved pool location/design, the park's enhancement shall include new sidewalks to maintain pedestrian circulation and the connectivity to all site amenities. It may also include additional site furnishings, pedestrian and/or security lighting (solar is preferable), the related landscape, and required the rehabilitation of the existing parking lot where the temporary fire station is located. The fire station will be relocated to allow for the parking lot rehabilitation. I. General Items for the Proposal/Clarifications • The new pool facility shall be connected by means of new sidewalk design or attachment to any or some of the existing buildings • All equipment included on the project must be rust resistant • The proposal shall include up to 3 (three) presentations of the project to the community. • Provide unit price for each presentation • Provide an operating cost estimate for the facility, as it relates to maintenance, utilities, and other costs not related to the staffing and programs run at the park. • Metal/Aluminum Stands/Bleachers for viewing and pool certification by official organization (e.g. USA Swimming) might be required, depending on community input. • The project must comply with the Section 2-11.15 of the Miami -Dade County Code, all municipal projects are subject to the 1.5% Art in Public Places requirement. The consultant is to coordinate for the art work installation. SCHEDULE Al. - SUB -CONSULTANTS I FIRM NAME I CONSULTING FIELD I Leo A Daly I Architectural/Project Management SCHEDULE A2. - KEY STAFF NAME JOB CLASSIFICATION Rafael Sixto Managing Principal Ron Wiendl Design Architect Sergio Pendas Project Manager Ralph Fleitas Project Architect Diego Martinez Architectural Intern (CAD Sr.) Adriana Ghersi Architectural Intern (CAD Int.) ATTACHMENT B - COMPENSATION SCHEDULE B1 -WAGE RATES SUMMARY ADJUSTED JOB CLASSIFICATION NEGOTIATED AVERAGE HOURLY HOURLY RATE RATE (2.9 Multiplier Applied) Managing Principal $74.28 $215.41 Design Architect $56.00 $162.40 Project Manager $56.33 $163.35 Project Architect $31.62 $91.70 Architectural Intern (CAD Sr.) $26.44 $76.68 Architectural Intern (CAD Int.) $21.63 $62.73 SCHEDULE Al. - SUB -CONSULTANTS I FIRM NAME I CONSULTING FIELD Kimley-Horn and Associates, Inc. Landscape Architecture and CivilEnaineerina SCHEDULE A2. - KEY STAFF NAME JOB CLASSIFICATION Aaron Buchler, PE Principal George E. Puig, PLA Senior Landscape Architect Justin Rietema, PLA Landscape Architect Kim Misek Senior Landscape Analyst Michelle Latte Landscape Analyst Victoria Mancini Landscape Analyst Alberto Herrera, PE Senior Civil Engineer Kenneth Pasken, PE Civil Engineer ATTACHMENT B - COMPENSATION SCHEDULE B1 - WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE 2.9 Njultiplier,Appljed Principal $74.04 $214.71 Senior Professional $62.50 $181.25 Professional $52.90 $153.41 Senior Technical Support Staff $36.54 $105.96 Technical Support Staff $31.74 $92.04 Support Staff $25.48 $73.89 SCHEDULE Al. - SUB -CONSULTANTS FIRM NAME I CONSULTING FIELD Bliss & Nyitray, Inc. I Structural Engineering SCHEDULE A2. - KEY STAFF NAME JOB CLASSIFICATION Paul Zilio Principal Jim Ordija Project Manager Eric Zuidema Project Engineer Raul Martinez CAD Operator ATTACHMENT B - COMPENSATION SCHEDULE B1 - WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.71) (Multiplier Applied) Principal $60/hr $162.60 Project Manager $46 $124.66 Project Engineer $28.50 $77.24 CAD Operator $''.00 $67.75 SCHEDULE Al. - SUB -CONSULTANTS FIRM NAME I CONSULTING FIELD MARTIN-VILATO ASSOCIATES, INC. MECHANICAL / ELECTRICAL / PLUMBING ENGINEERING SCHEDULE A2. - KEY STAFF NAME JOB CLASSIFICATION RICHARD A. MARTIN, P.E. PRINCIPAL / SENIOR ENGINEER / PROJ. MGR. ENRIQUE G. VILATO, P,E. PRINCIPAL / SENIOR ENGINEER / PROJ. MGR. SILVIA V. LACASA, P.E. PROJECT ENGINEER IAN WILLIAMS ENGINEER MIGUEL GARCIA TECHNICAL ASSISTANT ATTACHMENT B - COMPENSATION SCHEDULE B1 -WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Multiplier Applied) PRINCIPAL $75.00 $217.50 SENIOR ENGINEER $56.00 $162.40 PROJECT MANAGER $56.00 $162.40 PROJECT ENGINEER $48.00 $139.20 ENGINEER/ SR. DESIGNER $48.00 $139.20 TECHNICAL ASSISTANT / CAD OPERATOR $25.00 $72.50 SCHEDULE Al. - SUB -CONSULTANTS FIRM NAME I CONSULTING FIELD AQUADYNAMICS DESIGN GROUP, INC I AQUATIC ENGINEERING (POOL) 160rdRill r-11 if 9 I NAME I JOB CLASSIFICATION I I JOHN WAHLER I PROJECT DIRECTOR SENIOR P.M. I I OFELIA TABOADA I PROJECT MANAGER I ATTACHMENT B - COMPENSATION SCHEDULE B1 -WAGE RATES SUMMARY NEGOTIATED JOB CLASSIFICATION HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Multiplier Applied) Principal $61.00 $176.90 Project MGR/EOR $45.00 $130.50 SCHEDULE Al. - SUB -CONSULTANTS I FIRM NAME I CONSULTING FIELD I THE BOSCH GROUP, INC. I COST ESTIMATING I SCHEDULE A2. - KEY STAFF I NAME I JOB CLASSIFICATION MARIA BOSCH I PRINCIPAL / PROJ. MGR. I SHIRLEY MECSERY. I SR. ESTIMATOR I ANDRES CARBALLIDO I ESTIMATOR ATTACHMENT B - COMPENSATION SCHEDULE B1 -WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Multiplier Applied) PRINCIPAL/PROJECT MANAGER $56.90 $165.00 SR. ESTIMATOR $31.04 $90.00 ESTIMATOR $25.85 $75.00 SCHEDULE Al. - SUB -CONSULTANTS FIRM NAME CONSULTING FIELD F. R. Aleman & Associates, Inc. SURVEYOR Lis Tolstoy Surveyor & Mapper Ivan Larrinaga Party Chief Jaime Labrada Party Chief SCHEDULE A2. - KEY STAFF NAME JOB CLASSIFICATION Frank Paruas, PLS Senior Surveyor & Mapper Lis Tolstoy Surveyor & Mapper Ivan Larrinaga Party Chief Jaime Labrada Party Chief Juan Carlos Moral Instrument Person Felix Silvestre Rod Person Jerold Nelson Rod Person Julio Delgado CADD Technician Carlos Cuenca Surveying Intern Ana Perurena Secretary ATTACHMENT B - COMPENSATION SCHEDULE B1 - WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE ( Multiplier 2.90 ) Sr. Surveyor & Mapper 50.00 145.00 Surveyor & Mapper 43.27 125.48 Survey Intern 35.25 102.23 CADD Technician 25.00 72.50 Secretary 20.50 59.45 1. 3 Man Crew Party Chief Instrument Man Rod Man (Burdened) Daily Rate 1,331.91 2. 4 Man Crew Party Chief Instrument Man Two (2) Rod Man (Burdened) Daily Rate 1,656.71 GEOTECHNICAL SERVICES UNIT RATES 1. Geotechnical Services (9.01) Units Rate Total Item A. Mobilization of Truck Mounted Drill Rig 1A Mobilization 1 $ 364.00 $ 364.00 Item B. Borings Standard Penetration per ASTM D- 1586 1B.1(5) Borings to a depth of 20' (per ft) 100 $ 20.80 $ 2,080.00 113.1 (2)Borings to a depth of 10' (per ft) 20 $ 20.80 $ 416.00 11.3 Open Hole Method 2 $ 501.60 $ 1,003.20 Item J. Closing Holes with Grout to Safe proof Site 1J.1 Lineal Foot of Boring 120 $ 8.32 $ 998.40 Item N. Geotechnical Engineering Evaluation and Report 1N Professional Engineer (per hour) 12 $ 124.80 $ 1,497.60 5. Soils (9.02) Item I. Grain Size 5L Sieve Analysis (per test) 7 $ 66.56 1 $ 465.92 TOTAL ESTIMATED FEES $ 6,825.12 N OVA ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project Architectural and Engineering Services for Shenandoah Park and New Swimming Pool Facility Project No, B- 40563 Description Site Design - Shenandoah Park STAFF CLASSIFICATION Consultant Name. Leo A Daly Contract No.. Shenandoah Park and New Pool Facilkty, B-40563 Date 12/1/2016 Estimator: Sergio Pendas Spec Sergio Rate: Jot) Classification! Managing Principal Staff: Rafael Sixto E Applicable Rate'; Rate: $74.14 I Project Manager i I Sergio Pendas Rate: $66.21 Project Architect Ralph Fleitas Rate: $31.73 Drsiyn Ronald Rate: Architect Wiendl S56_00 Cosy I CAC Senior Diego Martinez Pa!, -S26.50 Man i Cost' CAC In,r•rmediate Adnana Rate: --....- Man Ghersi $21.73 Cost/ Spec Sergio Rate: Writer Pendas 56.21 Stall Hours BY Activity Salary Cost By I Activity Average Rate Per Task ; ------- -- Man Cost; Mat) Cc.sU i Work Activity Man Cosy I Man ---- Man Cost/ 5 hours hours Activity hours Activity hours Activity hours Activity I hours Activity hours Activity hours Activity I, 2 Concept/Schematic Design Phase 3 30 $2.224 I 14 f S7a4 I 26 S565 70 S3.573 g 557.05 4 5 � t 6 � i c Design Development Phase 4 5297 : 15 5643 8 $448 12 $261 1 39 1 $1.848 547.40 11 12 13 f 1 1 14 Construction Document Phase ! i t8 51.012 18 ; 51 012 $56.21 i5 � i i I 11 !b 1 19 i 20 Bid/Permit Phase 1 20 51 124 ` s i f 1 20 51.124 556.21 j 21 I 1111 22 '.23 Construction Administration Phase 72 54047 s 26 $825 98 54,672 S4972 24 p E I 25 I j Total Staff Hours Total Staff Cost 34 52.520.76 125 $7.02f 26 —mom,.-... $824.98 ��::�— 22 ....,..�-�M.m�._ l $1 232 00 . I 38 5825 74 . Ps I _ u L - T^^. 245 `....., ^,... $12.429.73 [ i $50.73 i orai 7e or worK by rosinon 13.81fa 91.u'. 10.5 ESTIMATE OF SURVEY CRE1N COSTS 3 - man Survey Crewcrew days at _/day = $ —� 4 - man Survey Crew. ____.___ crew days at —/day = S Notes 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each Subconsultant. Unused subconsukam rows maybe hidden 3. The basis for work activity descriptions shall be the FICEIFDOT Standard Scope and Staff Hour Estimation Handbook ;,;y of bLam C.IP Fom1117 Rey -d 9115ipe a.vro 1b..•r, 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) 536,046.22 Subconsultant KHA- Civil+Landscaping S104150.95 Subconsultant MVA - Electrical S12 139.40 Subconsultant. FR Aleman - Survey 522.973.27 Subconsultant Sub4 Subconsultant. Sub 5 2 - SUBTOTAL ESTIMATED FEE: $175.309.84 Geotechnical Field and Lab Testino_ Se 825.12 Survey Fee for Survey Crew Feei 5 Other Misc. Fee Asbestos Survey S 1.500.00 3 - SUBTOTAL ESTIMATED FEE: $183,634.96 Additional Services (Allowance) 555,000.00 Reirnbursables LAllowancel $5000.00 GRAND TOTAL ESTIMATED FEE: $243,634.96 1 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project Shenandoah Park and New Swimming Pool Facility Project No, B-40563 Descnption, Landscape Architecture and Civil Engineering Site Design STAFF CLASSIFICATION Consultant Name Kimley-Ham Contract No. Shenandoah Parc and New Pool Facility 8-40563 Date 11123/2016 Estimator George Puig - --_l — Salary r T r Job Class 'fiication' Princi al Pro eM Mana er i Senior Lantls Arch - Lands Arehkect Landsca a Desi ner En9 necn n Tcc En (neer m Stall Hours', — Salary Staff f Aaron Buehler George Pug Justin Rietema Kim Misek Michelle Latte Priya Kum Alberto Herrera ! Applicable Rate Rate. $74.04 Rate. $62.50 I Rate. $43.28 , Rate. $36.54 Rate_ $27.42 Rate. $31.74 Rate. 52.9 B y Cost By Work ActivityMan r hours Costs Activity Man Cosy hours Actively Man Cost/ Man Cost/ Man Cost) hours Activity hoursActlwty hours AcOvdy Man hours Cosy Actively Man Cost/ hours Activity ActivityActivity 1 CON CEPTUAL/SCHEMATIC DESIGN PHASE 2 Landscape Architecture Conceptual Design 20 $1,250 20 5731 1 80 52194 120 S; 1—L 3 Civil Engineengn Due Diligence i23 $730 16 5846 39 S'. 5`1 4 CONTRACT DCUMENTS PHASE 5 Landscape Architecture Contract Documents 43 S^_ 6W 44 S 1 608 123 $3.373 210 $7668 5 Civil Engineering Contract Documents 110 53491 96 $5078 206 $6.570 7 PROJECT MEETINGS/PUBLIC MEETINGS PHASE i 8 Project Coordination Meetings 9 5563 !, 3 $82 9 5476 21 S1,121 City Advisory Board Meongs 9 5563 4 $110 13 $672 10 Public Workshop 12 1 5750 4 5170 16 S860 j I11 Public Presentations 6 $3758 1 $219 14 5594 12 PERMTTING ASSITANCE PHASE 13 Remitting Assistance 12 $750 16 $439 40 51.270 40 S2116 108 S4574 -14 BIDDING ASSISTANCE PHASE I 15 Bidding Assistance 6 $375 ! 4 $110 4 5127 6 5317 20 5929 16 LIMITED CONST PHASE ASSIST. PHASE 17 Limited Const Phase Assitance 33 52.063 24 $658 24 $762 32 $1 693 113 S5.175 i18 i i i i 20 • I 1 II I 21 22 23 24 j 25 i I i I I 27 i r Total Staff Hours 150 I 64 i 266 201 199 880 Total Staff Coat Cost $9 375.00 $2 338 56 S7 293 i 2 �.._. _ 56,379 i4 $10.527 10 $35.914.12 I V1.1 w - YVOra Vy—*14,9ri lff&- ? ESTIMATE OF SURVEY CREW COSTS _ 3. man Survey Crew crew days at / day = S 4 - man Survey Crew crew davit at ! day = S Notes 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant Unused subconsurtant rows may be hidden 3. The basis for wor6 activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City a Miami r l P Farm 117 R --d W I FJW rA/e 3U.LYe L[.OYa LL.V"lo 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) Subconsultant Enter Name of Sub 1 Subconsuhant Sub 2 Subconsultant Sub 3 Subconsultant Sub 4 Subconsultant. Sub 5 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee for Survey Crew Fee) Other Misc. Fee Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) RennbursableslAllowancel GRAND TOTAL ESTIMATED FEE: I Average Rate Per Task S34.79 540.42 $36.51 $4160 S53.37 S51.71 $53.73 S42.45 S4235 $46.45 S4580 540.81 S 104.150.95 $104.150.95 5104.150.95 S6 P70 X S 000 OC $114.150.95 Project SITE ELECTRICAL / PARKING & PATHWAY LIGHTING Project No. B- Description. Site Design - Shenandoah Park ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT STAFF CLASSIFICATION Consultant Name MARTIN-VILATO ASSOCIATES INC. Contract No. Shenandoah Park and New Pool Facillity B-40563 Date 1211/2016 Estimator E.G. VILATO Job ClassificationSR. ELEC. ENGINEER TECH. ASSISTANT PROD. MGR Staff E. G. VILATO, P.E. MIGUEL GARCIA E.G. VILATO, P.E. j Applicable Rate Rate: 556.00 Rate: 526.00 Rate: $56.00 ....._-^� Work Activity I 4 Man Cost/ Man Cost/ I Man Cost/ Position 4 Position 5 name name Rate: Rate: Position 6 name Rate: Position 7 Staff Hours Salary Average name ;Rate: By I Cost By Rate Per '. Man ; Cost/ Activity Activity Task Man CosV Man I Cos" Man Y Cost/ I ! bows ; Activity I hours�Actitnty ! hours Activity ; hours Actively hours Actively hours Activity hours Activity - ---�. t - — -- r�- Geotechnical Field and Lab Testing, Survey Fee for Survey Crew Fee) - 2 Concept/Schematic Design Phase6 $336 6 $150 I 2 $112 1I Additional Services Wlowance; Reimbursables (Allowance} 14 I ",5 1E 3 $12.139.40 4 ?; F 6 i i 7 8 Design Development Phase 12 ! $672 i 10 5250 2 $112 i 24 51.034 _ 543.08 10 1 i s I j 12 I 14 Construction Document Phase 16 $896 i 20 $500 i 2 $112 38 51.508 539.68 15 16 17 t ( E 20 Bid/Permit Phase 2 I 5112 2 S50 2 $112 6 $274 545.67 21 22 II 23 Construction Administration Phase 8 $448 4 $100 1 4 $224 16 $772 $48.25 i ;t '24 25 26 I j E j 27 m:e:acX� r.:.-=c�_u:mne ••..•.-mpmeln �- Total Staff Hours 44 —:v-s:mm,vlmin ; .M r_� 42 12 :nmM.Y _u:ne m—i j _ ga s- Total Staff Cost t 52464 00 51.050-00 ' 5672.00 $4,186.00 ': $42.71 ---- Total 'Y of Work by Position 44.9 % 429'4 12.2% ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew crew days at —/day = S 4. man Survey Crew crew days at t day = S Notes 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused Subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICEIFD0T Standard Scope and Staff Hour Estimation Handbook. fry V ldwmi r'.I P Folm'1' R -S.0 siIN06 1 1 - SUBTOTAL ESTIMATED FEE: (muttiplier 2.9) $12,139.40 Subconsultant Enter Name of Sub 1 Subconsultant Sub 2 II Subconsultant Sub 3 . Subconsultant Sub 4 Subconsultant Sub 5 2 - SUBTOTAL ESTIMATED FEE: $12.139.40 Geotechnical Field and Lab Testing, Survey Fee for Survey Crew Fee) c Other Mist: Fee Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: $12.139.40 Additional Services Wlowance; Reimbursables (Allowance} GRAND TOTAL ESTIMATED FEE: $12.139.40 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Consultant Name FR-Aleman and Associates Inc. Contract No. Shenandoah Park and New Pod Facllllly B-40563 Project Shenandoah Park Date 121111016 Project No. B- Description Site Design- Shenandoah Park Estimator Frank Paruas STAFF CLASSIFICATION rota) % of Work by Position 1,8% 5.30k 13.3% 79.6% `57I1,1 -TE OF SURVEY GREW COSTS 1 3 - man Survey Crew 14 crew days at $910.50 I day = $12 747.00 1 4 - man Survey Crew 1 crew days at $1 125.00 /day = $ 1,125.00 Notes 1. This sheet Is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultanl. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. Qtv 01ML 1 C.I.P Farm ti; R—md EVl;roe 1 - SUBTOTAL ESTIMATED FEE: Imultiplier 2.9) Job Classification rr. Surveyor and Mapp6 Surveyor and Mapper Survey Intern Staff Fernando Z Gatell Lis Tolstoy I Carlos Cuenca Applicable Rate j Rate: $50.00 Rate: $43.27 f Rate: $35.25 CADD'Ye—ChWC—ian7. Position S Julio Delgado name Rate: $25.80 Rate: Position 6 Position 7 Staff Hours Salary name name Rate: Rate: By Cost By Average Rate Per Work Activity Man Cost/ Activity I's Man Cost/ Activity hours Man Cost/Activity hours Man Cost/ Activity Man Cow Activity hours hours Men CosUActivily Man CosflAetivity Activity hours hours Activity Task 1 Design Survey ' 2 $100 6 5260 15 5529 90 52.250 113i $3.136 $27.77 2 Additional Services ;Allowance; Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $22.973.27 3 t i 4 5 ! {{= I G { I 10 11 [ 12 13 14 j i 15 16 I j _ 17 I 18 19 ' 20 21 1 22 23 24 25 26 �21 i 3 Total Staff Hours ° 6 15 90 113 Total Staff Cost S100.00 -r. $259.62 $526.75 $2.25C.00 _-� — -- -- — .. $3,138.37 $27.77 rota) % of Work by Position 1,8% 5.30k 13.3% 79.6% `57I1,1 -TE OF SURVEY GREW COSTS 1 3 - man Survey Crew 14 crew days at $910.50 I day = $12 747.00 1 4 - man Survey Crew 1 crew days at $1 125.00 /day = $ 1,125.00 Notes 1. This sheet Is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultanl. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. Qtv 01ML 1 C.I.P Farm ti; R—md EVl;roe 1 - SUBTOTAL ESTIMATED FEE: Imultiplier 2.9) $9.101.27 Subconsultant Enter Name of Sub 1 Subconsultant Sub 2 Subconsultant Sub 3 Subconsultant Sub 4 Subconsultant Sub 5 2 - SUBTOTAL ESTIMATED FEE: S9.101.27 Geotechnical Field and Lab Testing. Survey Fee for Survey Crew Fee) S 13.87200 Other Misc. Fee Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: 522.973.27 Additional Services ;Allowance; Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $22.973.27 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project Architectural and Engineering Services for Shenandoah Park and New Swimming Pool Facility Project No. B-40563 Description Building Design and Pool Area STAFF CLASSIFICATION Consultant Name Leo A Daly Contract No, Shenandoah Park and New Pool Facillity B-40563 Date 1211/2016 Esfimalor Sergio Pendas Job Classification Managing Principal staff Rafael Sixto Applicable Rate: Rate: $74.14 .._ ------ ...................._..._..._.._._.. ..._ _....._.__._.__. Project Manager ; Project Architect Design Architect Sergio pandas I Ralph Fleitas , Ronald Wiendl Rate: $66.21 ; Rate: $31.73 Rate: $56.00 ._.�._. {_...__.. -CAD Senior Diego Martinez Rate: $26.65 CAD intermediate Adrian& Ghersi Rate: $21.73 Spec Writer Sergio pandas Rate: 56.21 J _ Staff Hours By SalaryAv Cost By Ra Work Activity Man Cosy Man ,._�....____.._. CosV I Man! Cost ! Man j Cost Man Cost/ Man Cosy Man Cosy I Activity Activity 1 hours Activity hours Activity j hours Activity hours I Activit hours Activity hours i Activity hours Activity 2 Schematic Design Phase - 4 Weeks 16 S1 186 80 $4497 80 I 54,480 104 1 $2,761 3 280 $12924 ! S4 3 C i 6 Design Development Phase - 5 Weeks 10 S741 62 53.485 70 52:21 90 55.D40 120 i $3.166 24 $522 I 24 51.349 400 i $16.544 ) S2 9 i g; 1 y ' :12 13 +' i 14 Construction Document Phase - 12 Weeks 3 $222 F 164 59.218 i 180 $5.711 430 511,417 80 $1.738 68 $3,822 925 S32.129 S7 15 4 i i 16 I i i 17 I 120 B1dlPermlt Phase 16 me 24 $762 34 $903S: 52.564 € S: 21 22 3 j ! 123 Construction Administration Phase - 13 Months 2 I 5148 110 $6,183 1 2 $11 80I S1,736 414 $15162 I Si !24 [52 Weeks] i ? i 1 I i ] 25 j i 26 27 _......___._.�:.e.---_:�:z�.�::�—��A:�:��:_s:a.-,:a, Total Stall Hours 31 31 l 432 1 494 1 1i2 688 184 { 92 :o:.:.,:o: 2093 i Total Staff Cost 52.288.34 524.282.72 ; $15674.62 59.632.00 518 266.40 1 53.988.32 $5171 32 579.323.72 i ala h aT WOM ay 1'051[9011 l.a%a LU.011c za.a•'> ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew crew days at 1 day = 6 4 - man Survey Crew crew days at _/day = S Notes 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. m 2 Manually enter fee froeach subconsultant. Unused subconsultanl rows may be hidden 3. The basis for work acliwty descriptions shalt be the FICEIFOOT Standard Scope and Stmt Hour Estimation Handbook. Cni of Miami r,i.F Fair, 117 Rro wit 911 J08 a.c�a a[.ro o.a•,o 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) Subconsultant BNI - Structural Engineer Subconsultant MVA - MEP -FP Engineer Subconsultant ADG - Pool Design Subconsultant TBG - Cost Estimator Subconsultant Rendering 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing Survey Fee for Survey Crew Fee) Other Misc. Fee Permit Expediting lute Do It Inc. ) 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) RelmbursablesiAllowance) GRAND TOTAL ESTIMATED FEE: 1 rage jI 3i e Per I' C ask 5,16 A;Tj 4.73 464 1 i 3.62 $37.90 $230,038.79 $10.098.24 $51.999.90 546,073.75 $17550.92 S2500.00 5358.261.60 5 - 5 1 SOG 00 5359.761.60 S45000.00 535,000.00 $439,761.60 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project Project No.. 6- Description Building Design and Pool Area Consultant Name Bliss & Nyitray Inc. Contract No.. Shenandoah Park and New Pool Facility - B-40563 Date 12/1/2016 Estimator Paul Zilio Total Staff Hours 6 1 33 40 30 I Total Staff Cost S360.00 51 518.00 57,140.00 1 ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew. crew days at _/day = S 4 - man Survey Crew crew days at 1 day = S _ ................. ..... ,........ ... _ ..,,._. _._ ...,._.__. ... _ ...._..----- Notes 1 This sheet is to be used by Prime Consultant to calculate the Grand Total Fee, 2. Manually enter fee from each subconsultant, Unused Subconsultant rows maybe hidden 3 The basis for work activity descriptions shall be the FICEIFDOT Standard Scope and Staff Hour Estimation Handbook- cM �i Mam G iP, =o.m I 1 � Cixatva af24Xtu - Raviautl 11 / On' fJ 5750.00 ; 109 ` $3,768.00 Position 2 Poen nn 3 STAFF CLASSIFICATION ,-,---�� Po5 s on a Position 6 Position 6 � Position 7 Stott Hours _ Salary Average ' Job Classification Position 1 j Staff! Paul Zilio James Ordija Kyle Olson Raul Martinez name name name 3 - SUBTOTAL ESTIMATED FEE: $10.098.24 Additional Seances (Allowance) Applicable Rate Rate: $60.00 Rate $46.00 Rat(, S28.50 Rate: $26.00 Rate: Rate: Rate: By Cost By Rate Per i ... -----.....- ............. _-.-. Work Activity = �mm—Cosu Man Mar ry an Cosy Man Cost/ Man Cosy Man i Cosy Activity Activity 1111 Task - Man - CosV hours Activity hours Activity i hours hours-clivity hours Activity hours ` Activity hours Activity 2 Schematic Design Phase I i 3 Preliminary design and drafting 2 5120 4 $184 E 6 5304 $50.67 4 i I 6 _ I{ [ 1 r 8 Design Development Phase 9 Design and drafting for configuration . 2 S120 10 5460 ] 8 $226 14 34 $1,158 S3406 .10 f 12 14 Construction Document Phase 115 Final design and drafting 2 S 12 12 $552 1 14 $399 16 i $400 _ 44 $1,471 $3343 16 I I f I f k 17is { i i I :20 Bid/Permit Phase I i i I21 ASSISI with bidding and permitting 2 592 - 2 557 - 4 514- S37.25 22 1 123 Construction Administration Phase 5 6230 I 16 $456 21 $686 532.67 124 Involvement during construction 25 ; 26 Total Staff Hours 6 1 33 40 30 I Total Staff Cost S360.00 51 518.00 57,140.00 1 ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew. crew days at _/day = S 4 - man Survey Crew crew days at 1 day = S _ ................. ..... ,........ ... _ ..,,._. _._ ...,._.__. ... _ ...._..----- Notes 1 This sheet is to be used by Prime Consultant to calculate the Grand Total Fee, 2. Manually enter fee from each subconsultant, Unused Subconsultant rows maybe hidden 3 The basis for work activity descriptions shall be the FICEIFDOT Standard Scope and Staff Hour Estimation Handbook- cM �i Mam G iP, =o.m I 1 � Cixatva af24Xtu - Raviautl 11 / On' fJ 5750.00 ; 109 ` $3,768.00 I 534.67 � 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.68) $10,098.24 Subconsultant Enter Name of Sub 1 Subconsultant: Sub 2 -: Subconsultant Sub 3 Subconsultant Sub 4 Subconsultant Sub 5 2 - SUBTOTAL ESTIMATED FEE: __ 510 088 24 Geotechnical Field and Lab Testing, Survey Fee (or Survey Crew Fee) $ _ Other Mrs,. Fee Enter Fee Descnption 3 - SUBTOTAL ESTIMATED FEE: $10.098.24 Additional Seances (Allowance) P.eimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: _ $10.098.24 Pro)ect POOL BUILDING MEP Protect No. B- Description Building Design and Pool Area ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT STAFF CLASSIFICATION Consultant Name MARTIN-VILATO ASSOCIATES. INC. Contract No.. Shenandoah Park and New Pool Facility B-AD563 Date 1211/2016 Estimator E.G. VILATO Job Classification SR. MECH. ENGINEERS& ELEC. ENGINEER PROD. ENGINEER ENGINEEPJ MECH TECH ASSISTANT PROJECT MGR Position 7 Staff Hours 1 Salary Average Staff R.A.MARTIN, P.E. j E.G. VILATO, P.E. S.V. LACASA, P.E. IAN WILLIAMS MIGUEL GARCIA E.G. VILATO, P.E. name APPlicable Rate Rate: $66.00 Rate: $66.00 Rate: $48.00 Rate: 548.00 ! Rate: $25.00 Rate: $66.00 Rate: By Cost By Rate Per .___ T Man Cosy Man i ( Man Cosy ManhouCosy Man Cosv Man ! Cost/ Man ! Cost) Work Activity hours Activity hours Activfly i hours Activity I rs ; Activity hours i Activity hours ! Activity tours Activity Activity Activity Task 1 i.. � 2 Schematic Design Phase 8 1 $448 8 $448 4 4 $192 4 $192 5 5125 7 $392 36 51,797 $4992 f f 4 8 Design Development Phase i 16 $896 I 16 $896 16 $768 16 5768 16 5400 1i 6 5336 86 54,054 1 $4726 c i0 12 t i i 13 i f 14 Construction Document Phase 24 I 51,344 24 51,344 30 $1.44C 30 $1.440 40 1 S1 000 a $448 156 57.016 S44.97 i 15 ( I i 1s t 19 i 20 Bid/Permit Phase 2 St 12 2 5112 ! 2 $95 2 $96 2 550 2 $112 t2 $578 548 17 21 I 22 23 Construction Administration Phase- (RFIs) 4 ? $224 4 $224 I 2 596 2 S96 12 5640 553.33 24 Shop Dw g. Review 3 $168 3 $168 8 5384 8 5384 22 j S1 104 550.18 25 Job Observation 8 5448 a 5448 4 5192 4 $192 E 2 $112 25 51.392 553.54 ?s Punch List 8 5448 a 5448 16 5896 556 DO 27 As builts • .I 2 S96 4 ._I_,: S192 4 ! $100 1 $56 11 $444 S40.3 6 40 36 .......... Total Staff Hours 73 73 4 68 70 67 i 26 377 i! Total Staff Cost , 54.088.00 54.068.06 t 53.264.00 53.360.OD 151.675.00 51,456.00 $17.931.00 - $47.56 Total % of Work by Position '9 4°w 19.4% 18.0-1 16.691 17.8% 6.9% 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) $51.999.90 Subconsultant Enter Name of Sub 1 Subconsultant Sub 2 ESTIMATE OF SURVEY CREW COSTS Subconsultant Sub 3 _ 3 - man Survey Crew crew days at ! day = S Subconsultant Sub 4 _ 4 - man Survey Crew crew days at r day = S Subconsultant Sub 5 2 - SUBTOTAL ESTIMATED FEE: $51.999.90 Notes Ge0techn!cal Field and Lab Testing 1 This sheet is lobe used by Prime Consultant to calculate the Grand Total Fee. Survey Fee for Survey Crew Fee! $ 2 Manually enter tee from each subconsultanl. Unused subconsultant rows may be hidden Other Misc. Fee Enter Fee Description 3. The basis for work activity descriptions shall be the FICEIFDOT Standard Scope 3 - SUBTOTAL ESTIMATED FEE: $51.999.90 and Staff Hour Estimation Handbook. Additional Services IAllowancei Re!mbursables IAllowancel cm9rmia�+c.iFF�+�+!i; en>:eaun.uoe, GRAND TOTAL ESTIMATED FEE: $51,999.90 I ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Consultant Name Aquadynamics Design Group Contract No Shenandoah Park and New Pool Facillily B-40563 Project Date 12/1/2016 Project No, 6- Descnqtion' Building Design and Pool Area Estimator insert name STAFF CLASSIFICATION Job Classification! Principal Project Mgr1EOR i Position 3 Position 4 Position 5 Position 6 Position 7 Staff RoUrs, -Salary l -Average Staff:! John Wahler Ofelia Taboada name name name name name Applicable Rate; Rate: $61.00 Rate: 545.50 Rate: Rate: Rate: Rate: Rate: By Cost By Rate Per Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost! Man Cost/ man cost, Work Activity Activity ivity u Act Task ours Activity h hours Activity hours hours Activity hours I Activity hours Activity In ty no Activity 2 Schematic Design Phase 40 S2.440 20 5910 60 53,350 S55-83 4 5 6 7 8 Design Development Phase 30 S1.830 47 S21130 77 53,969 551,54 p 10 11 12 13 14 Construction Document Phase 20 51.220 112 55.096 132 I56.316 $47.85 17 18 19 20 Bid]Permil Phase 5 S305 8 $364 13 $669 $51 46 21 Z2 123 Construction Administration Phase 20 51.220 i 8 $354 28 51,584 S56.57 i24 25 26 27 Total Staff Hours 'I 1 557.01^5 310 Total !!� "T, 872. 4. " -' ----- 1--L' $15-887.50 $61.25 Total % of Work by Position 37.1% $2.9% 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2 9) 546.073.76 Subconsultant Enter Name of Sub 1 Subconsultant Sub 2 ESTIMATE OF SURVEY CREW COSTS Subconsultant Sub 3 3 - man Survey Crew crew days at /day = $ Subconsultant Sub 4 4 - man Survey Crew crew days at I day = S Subconsultant Sub 5 2 - SUBTOTAL ESTIMATED FEE: $46,073.75 Notes, Geolechnical Field and Lab Testing: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee Survey Fee tor Survey Crew Feei 2. Manually enter fee from each subconsultant. Unused subconsultani rows may be hidden Other Misc, Fee Enter Fee Descnption 3. The basis for work activity descriptions shall be the FICEIFDOT Standard Scope 3 - SUBTOTAL ESTIMATED FEE: $46.073.75 and Staff Hour Estimation Handbook Additional Services tAllowance) Reimbursables (AllowancC C-TyW V -am- f- I F 9— 1!-- R—dblIS10b GRAND TOTAL ESTIMATED FEE: 546.073.75 Project. Project No. B. Description: Building Design and Pool Area ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT STAFF CLASSIFICATION Consultant Name The Bosch Group Contract No, Shenandoah Park and New Pool Fertility 8.40563 Date 121112016 Estimator Maria B Bosch Job Classification Position 1 Position 2 Position 3 Position 4 Position 5 Position 6 Poshion 7 Staff Hours., Salary Average Staff Maria B. Bosch Applicable Rates, Rate: 556.98 Man COW Work Activity hours Activity Shirley Rate: Man hours Meccsery $31.04 Cost/ Activity Andres Carballido Rate: 525.85 Man Cow i hours Activity i name Rate: Man hours name Rate Cost! Man Activity hours name Rate: Cost/ Man Cost/ Activity hours .Activity name Rate: Man Costs hours Activity By Cost By Rate Per -; Activity Activity Task 1 3 - SUBTOTAL ESTIMATED FEE: i Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: 2 Schematic Design Phase 10 $569 12 $372 !! I I i 22 5941 542.79 j 4 6 I i '•: I r 8 Design Development Phase i 12 i 5683 16 5497 28 j $1.179 $42.12 9 I I € E i:r 1 3 3 I 3 I I 12 j 14 Construction Document Phase 32 StE21 3 48 $1.490 24 5620 i 104 53.931 $37.80 i 16 I 17 2C Bid/Permd Phase -21 I I 22 - 23 Construction Administration Phase I �f 24 ` 25 i 25 4 t I I 9 127 Total Staff Hours 54 76 f I 24 154 j Total Staff Cost 53 0+260 52.359.04 $620.40 1 u $6,06244 $39.30 1 OWI % or worn Dy rosltlon 3D 1"%e 4to.411b 1 DM`. ESTIMATE OF SURVEY CREW COSTS _ 3 - man Survey Crew. _ crew days at ! day = S —_ 4 - man Survey Crew. crew days at _ _1day = S .... ..._._._.... ..___ ...----.__ ..._.._...... ......---....._.__......._...__... _.._ . _ ........ _... !. Notes 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each suoronsultant Unused subconsullant rows may be hiaden 3. Tne basis for work activity descriptions snail be the FICEIFDOT Standard Scope and Staff Hour Estimation Handbook. r:rty a1 Mum+ r„i,P Fq 11 7 Revised M.',1UB 1 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) S17,550.92 Subconsuttant Enter Name of Sub 1 Subconsultant Sub 2 Subconsultant. Sub 3 Subconsultant Sub 4 Subconsultant Sub 5 2 - SUBTOTAL ESTIMATED FEE: $17.550.92 Geotechnical Field and Lab Testing Survey Fee for Survey Crew Feel S Other Misc. Fee. Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: $17,550.92 Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $17.550.92