Agreement between City of Miami Beach and AECOM Technical Services, Inc. M1
MJAMIBEACH
i
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
AECOM TECHNICAL SERVICES, INC.
FOR
PROFESSIONAL ENGINEERING SERVICES ON AN "AS-NEEDED BASIS", TO PROVIDE
CONSTRUCTION MANAGEMENT SUPPORT FOR RIGHT-OF-WAY CAPITAL IMPROVEMENT
PROJECTS
Resolution No. 2012-27979
CITY APPROVED ROTATIONAL CONSULTANT FORM(MAY 2012)
TABLE OF CONTENTS
DESCRIPTION PAGE
ARTICLE 1. DEFINITIONS 3
ARTICLE 2. BASIC SERVICES 9
ARTICLE 3. THE CITY'S RESPONSIBILITIES 16
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 18
ARTICLE 5. ADDITIONAL SERVICES 19
ARTICLE 6. REIMBURSABLE EXPENSES 20
ARTICLE 7. COMPENSATION FOR SERVICES 20
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 22
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 22
ARTICLE 10. TERMINATION OF AGREEMENT 23
ARTICLE 11. INSURANCE 25
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 26
ARTICLE 13. ERRORS AND OMISSIONS 26
ARTICLE 14. LIMITATION OF LIABILITY 27
ARTICLE 15. NOTICE 27
ARTICLE 16. MISCELLANEOUS PROVISIONS 28
SCHEDULES:
NOTE TO AGREEMENT SCHEDULES 33
SCHEDULE A- SCOPE OF SERVICES 34
SCHEDULE A-1 - CONSULTANT SERVICE ORDER 36
SCHEDULE B - CONSULTANT COMPENSATION 37
SCHEDULE C - CONSULTANT HOURLY BILLING RATE 38
SCHEDULE D - INSURANCE AND SWORN AFFIDAVITS 39
SCHEDULE E - BEST VALUE AMENDMENT 40
2
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
AECOM TECHNICAL SERVICES, INC.
FOR
PROFESSIONAL ENGINEERING SERVICES ON AN "AS-NEEDED BASIS", TO PROVIDE
CONSTRUCTION MANAGEMENT SUPPORT FOR RIGHT-OF-WAY CAPITAL IMPROVEMENT PROJECTS
This Agreement made and entered into this .3 day of J144-f--, 2014,(Effective Date), by and
between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of
Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139,
(hereinafter referred to as City), and AECOM Technical Services, Inc. a California corporation having
an office at 800 Douglas Entrance North Tower, 2nd Floor, Coral Gables, FL 33134 (hereinafter
referred to as Consultant).
WITNESSETH:
WHEREAS, the City intends to undertake various capital projects within the City of Miami
Beach, and wishes to engage the Consultant to provide certain professional services as same are
described and set forth in Schedule "A" hereto, for certain projects, to be assigned, at the City's
discretion and by means of the issuance of a "Consultant Service Order" (similar to the form shown in
Schedule "A-1" attached hereto), at the agreed fees set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of those certain
professional services relative to those projects assigned by the City, pursuant to a Consultant Service
Order.
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139.
3
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the
City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City.
The City Manager shall be construed to include any duly authorized representatives designated in
writing (including the Project Coordinator) with respect to any specific matter(s) concerning the
Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission or
regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the
Services, and/or this Agreement).
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications No.
38-11/12, entitled "Professional Engineering Services On An "As-Needed Basis" to provide
Construction Management Support for Right-Of-Way Capital Improvement Projects" issued by the City
in contemplation of this Agreement, together with all amendments thereto (if any), (the RFQ), and the
Consultant's proposal in response thereto (Proposal), which is incorporated by reference to this
Agreement and made a part hereof; provided, however, that in the event of an express conflict
between the Proposal Documents and this Agreement, the Agreement shall prevail.
1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall
mean the architect/engineer who has entered into a contract with the City to provide the Services
described under this Agreement. When the term "Consultant" is used in this Agreement it shall also
be deemed to include any officers, employees, sub-consultants, agents, and any other person or entity
acting under the supervision, direction, or control of Consultant. Any sub-consultants retained by
Consultant for a Project shall be subject to the prior written approval of the City Manager. Consultant
shall provide the Project Coordinator with copies of the contract between .Consultant and any sub-
consultants. Any such contracts shall contain provisions that preserve and protect the rights of the
City under this Agreement. Nothing contained in this Agreement shall create any contractual
relationship between the City and sub-consultants. Any approval of a sub-consultant by the City shall
not, in any way, shift the responsibility for the quality and acceptability by the City of the services
performed by the sub-consultant, from the Consultant to City. Payment of sub-consultants shall be the
responsibility of the Consultant, and shall not be cause for any increase in compensation to.. the
Consultant for payment of the Services. The quality of services and acceptability to the City of the
services performed by such sub-consultants shall be the sole responsibility of Consultant.
1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual designated
4
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
in writing by the City Manager who shall be the City's authorized representative to coordinate, direct,
and review (on behalf of the City) all matters related to a Project.
1.7 [Intentionally Omitted]
1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall
perform in accordance with the terms of the Agreement (and as required to complete a Project), as
further described in Article .2 and Schedule "A" hereto. In addition, any Services not specifically
addressed as Additional Services (as defined herein) shall be considered Basic Services.
1.9 PROJECT: The "Project" shall mean that certain City capital project that has been approved
by the City Commission and is described in the Consultant Service Order.
1.9.1 Proiect Cost: The "Project Cost", shall mean the estimated total cost of the
Project, as prepared and established by the City, including the estimated Construction Cost
and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in
its sole discretion, to accommodate approved modifications or changes to the Project or scope
of work.
1.9.2 Proiect Scope: The "Project Scope" shall mean the description of the Project,
contained in the Consultant Service Order (and as same may be modified by any approved
change orders).
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the actual total
cost to the City of the Work, as established in the.Consultant Service Order (and as same may be
modified by any approved Change Order), and which may include a contingency allowance.
For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or
competitive bid received and accepted from a responsive and responsible bidder or proposer for such
Work.
1.10.1 Construction Cost Budget:The "Construction Cost Budget" shall mean the amount
budgeted by the City for the Construction Cost, as shall be set forth in the Consultant Service
Order.
1.10.2 Statement Of Probable Construction Cost: The "Statement of Probable
Construction Cost" shall mean the latest approved written estimate of Construction Cost
submitted by Consultant to the City, in a format approved by the Project Coordinator. The cost
5
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
estimate shall comply with the guidelines (including accuracy) as defined by the Association for
the Advancement of Cost Engineering, formerly, American Association of Cost Engineering
(AACE) and the American National Standards Institute (ANSI).
For Work which bids or proposals have not been let, the Statement of Probable Construction
Cost shall be the same as the Construction Cost.
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or
irresistible force occasioned by violence in nature without the interference of human agency such as
hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by
changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this
Agreement ; or other causes beyond the parties' control which have, or may be reasonably expected
to have, a material adverse effect on the Project, or on the rights and obligations of the parties under
this Agreement and which, by the exercise of due diligence, such parties shall not have been able to
avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of
sub-consultants/sub-contractors, market conditions, labor conditions, construction industry price
trends, and similar matters which normally impact on the construction process SHALL NOT be
considered a Force Majeure.
If the Consultant is delayed in performing any obligation under this Agreement due to a force majeure,
the Consultant shall request a time extension from the Project Coordinator within five (5) business
days of said force majeure. Any time extension shall be subject to mutual agreement and shall not be
cause for any claim by the Consultant for extra compensation, unless additional services are required,
and approved pursuant to Article 5 hereof.
1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company,
corporation, joint venture, or other entity contracting with City for performance of the Work covered in
the Contract Documents.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with
all exhibits, addenda, and written amendments issued thereto), the Consultant Service Order issued to
Consultant by the City for a Project, and the documents prepared by Consultant in accordance with
the requirements stipulated in such Consultant Service Order. The Contract Documents may also
include, without limitation (together with all exhibits, addenda, and written amendments issued
thereto), the Invitation to Bid (ITB), instructions to bidders, bid form, bid bond, the Contract for
Construction, surety payment and performance bonds, conditions of the Contract for Construction
6
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
[General, Supplementary, and other Conditions], Divisions 0-17, Construction Documents, approved
change order(s), approved construction change directive(s), and/or approved written order(s) for a
minor change in the Work.
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally
binding agreement between City and Contractor for performance of the Work covered in the Contract
Documents.
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans,
technical specifications, drawings, documents, and diagrams prepared by the Consultant, which show
the locations, characters, dimensions and details of the Work to be done, and which are part of the
Contract Documents.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the
Agreement approved by the City (as specified below) and executed between City and Consultant,
covering changes, additions, or reductions in the terms of this Agreement including, without limitation,
an adjustment in the fee and/or completion dates.
Contract Amendments shall be approved by the City Commission if they exceed twenty-five thousand
dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less
(or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contract Amendments for less.than twenty-five thousand ($25,000.00), the City
Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any
such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the
Basic Services, which the Consultant shall perform, at the City's option, and which have been duly
authorized, in writing, by the City Manager or his authorized designee, prior to commencement of
same.
1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods,
procedures, etc. necessary or convenient to performance by Contractor of all duties and obligations
proposed by the Contract for Construction.
1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed
pursuant to or undertaken under this Agreement. When the term "Services" is used in this Agreement,
it shall also be deemed to refer to the particular work, services, and/or tasks assigned to Consultant
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
pursuant to the City's issuance of a Consultant Service Order.
1.20 SOFT COSTS: "Soft Costs" shall mean costs related to a Project other than Construction
Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing,
general consultant, financing, and permitting fees, etc.
1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents
recommended by the Consultant (and approved by the City) as being within the Construction Cost
Budget. "Base Bid" shall not include Additive Alternates or Deductive Alternates.
1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services,
and an Additional Services as approved b the City), all as described in Schedule "A" hereto. It shall
Y ( PP Y Y)
also be deemed to refer to the particular work, services, and/or tasks assigned to Consultant pursuant
to the City's issuance of a Consultant Service Order.
1.23 CONSULTANT SERVICE ORDER: "Consultant Service Order" shall mean the work, services
and/or tasks assigned by the City to Consultant (and issued pursuant to the notice, in substantial form,
attached as in Schedule "A-1" hereto), and specifically describing and delineating the particular
Services (Basic and otherwise) which will be required of Consultant for the Project that is the subject
of such Order.
1.24 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and
referred to as follows:
Schedule A — Scope of Services.
Schedule A-1 — Consultant Service Order.
Schedule B — Consultant Compensation.
Schedule C — Consultant Hourly Billing Rate Schedule.
Schedule D — Insurance Requirements and Sworn Affidavits
Schedule E — Best Value Amendment
8
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services under this Agreement, as set forth in Schedule "A"
hereto, and as may also be more specifically described in the Consultant Service Order.
2.2 The Services will be commenced by the Consultant upon receipt of a written Consultant
Service Order signed by the City Manager or his/her designee. Consultant shall countersign the
Consultant Service Order upon receipt, and return the signed copy to the City.
2.3 As it relates to the Services and a Project, Consultant warrants and represents to City that it is
knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the
jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes,
and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami-Dade
County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws"). As they relate
to the Services and to the Project, the Consultant agrees to comply with all such Applicable Laws,
whether now in effect or as may be amended or adopted from time to time, and shall further take into
account all known pending changes to the foregoing of which it should reasonably be aware.
Recognizing that the construction of other projects within the City may affect scheduling of the
construction for a Project, the Consultant shall diligently coordinate performance of the Services with
the City (through.the Project Coordinator) in order to provide for the safe, expeditious, economical and
efficient completion of the Project, without negatively impacting concurrent work by others. The
Consultant shall coordinate the Services with all of its sub-consultants, as well as other consultants,
including, without limitation, City provided consultants (if any).
2.4 The Consultant warrants and represents to City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised in the
design of comparable projects in South Florida. Consultant warrants and represents to the City that it
is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the
Services. Consultant warrants and represents to City that it is responsible for the technical accuracy
of the Services.
2.5 The Consultant's Basic Services to be provided under this Agreement shall (at a minimum)
consist of, but not be limited to, the following:
• The Consultant shall provide a variety of management services including, but not limited
to: pre-planning, programming, design management, design review, procurement
9
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
support, construction management, commissioning, and post-construction support in
cooperation with the City staff, other City departments, architect-engineers and other
design professionals, and Contractors. Professional design services are not part of this
Agreement. All work shall be performed based on firm, fixed price as shall be specified
in the Consultant Service Orders issued to Consultant.
• Consultant will be encouraged to provide staff certified as construction managers by the
Construction Manager Certification Institute sponsored by the Construction Management
Association of America (CMAA).
• The tasks to be performed shall include, but are not limited to, the tasks described
below. Tasks to be performed under a specific Consultant Service Order may vary from
those below and will be determined by the City on a project by project (or task by task)
basis. Consultant should not assume, therefore, that each and every task will ultimately
be required for every task order:
• Task 1 — Engineering Management;
• Task 2 — Project Management;
• Task 3—General Administration of the Construction Phase;
• Task 4— Project Operations Services; and
• Task 5— Subcontracted Expert Services, Liaison Services and Other Direct Costs.
Notwithstanding this Section 2.5, the Consultant Service Order issued by the City to Consultant shall
specifically delineate and describe the Services to be provided by Consultant for the particular Project
(that is the subject of such Order).
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals
issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the
Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for the
accuracy and competency of .its/their designs, working drawings, plans, technical specifications, or
other technical documents, nor shall such approval and/or decisions be deemed to be an assumption
of such responsibility by the City for a defect, error or omission in designs, working drawings, plans,
technical specifications, or other technical documents; provided, however, that the Consultant shall be
entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished
by the City pursuant to this Agreement.
2.7 TIME: It is understood that time is of the essence in the completion of a Project and, in this
10
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
respect, the parties agree as follows:
2.7.1 Term: The term of this Agreement shall commence upon execution by the parties
which shall be the Effective Date referred on page 1 hereof, and shall be in effect for three (3)
years plus two (2), one (1) year renewal options to be exercised at the sole discretion of the
City Manager or until the work and/or services under each Consultant Service Order issued to
Consultant have been completed. Notwithstanding the preceding Term, Consultant shall
adhere to any and all timelines and/or deadlines, as set forth in the Consultant Service Order
issued for a particular Project.
2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the
standard of professional skill and care required by this Agreement, and the orderly progress of
the Work.
2.7.3 The Services will be performed in a manner that shall conform to the Consultant
Service Order. The Consultant may submit requests for an adjustment to the Consultant
Service Order completion time, if made necessary because of undue delays resulting from
untimely review taken by the City (or other governmental authorities having jurisdiction over the
Project) to approve the Consultant's submissions, or any other portion of the Services requiring
approval by the City (or other governmental' authorities having jurisdiction over the Project).
Consultant shall immediately provide the Project Coordinator with written notice stating the
reason for the particular delay; the requested adjustment (i.e. extension) to the Project
Schedule; and a revised anticipated schedule of completion. Upon receipt and review of
Consultant's request (and such other documentation as the Project Coordinator may require),
the Project Coordinator may grant a reasonable extension of time for completion of the
particular work involved, and authorize that the appropriate adjustment be made to the Project
Schedule. The Project Coordinator's approval (if granted) shall be in writing.
2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights to terminate
the Agreement, as provided elsewhere herein.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative
working relationship with the Project Coordinator, Contractor, and any and all other individuals and/or
firms that have been contracted, or otherwise retained, to perform work on a Project.
2.9 The Consultant shall perform its duties under this Agreement, and under a Consultant Service
11
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
Order, in a competent, timely and professional manner, and shall be responsible to the City for any
failure in its performance,. except.to the extent that acts or omissions by the City make such
performance impossible.
The Consultant is responsible for the professional quality, technical accuracy, completeness,
performance and coordination of all Services required under the Agreement and, under any
Consultant Service Order issued to the Consultant by the City (including the Services performed by
sub-consultants), within the specified time period and specified cost. The Consultant shall perform the
Services utilizing the skill, knowledge,. and judgment ordinarily possessed and used by a proficient
consulting with respect to the disciplines required for the performance of the Services in the State of
Florida. The Consultant is responsible for, and shall represent to City that its work conforms to the
City's requirements, as set forth in the Agreement and in any particular Consultant Service Order
issued to Consultant by the City. The Consultant shall be and remain liable to the City for all damages
to the City caused by the Consultant's negligent acts or errors or omissions in the performance of the
work. In addition to all other rights and remedies, which the City may have, the Consultant shall, at its
expense, re-perform all or any portion of the Services to correct any deficiencies which result from the
Consultant's failure to perform in accordance with the above standards. Neither the City's inspection,
review, approval or acceptance of, nor payment for, any of the Services required under the Agreement
shall be construed to relieve the Consultant (or any sub-consultant) of its obligations and
responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the
Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant
and its sub-consultants shall be and remain liable to the City in accordance with Applicable Laws for
all damages to.City caused by any failure of the Consultant or its sub-consultants to comply with the
terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct,
unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With respect
to the performance of Services by sub-consultants, the Consultant shall, in.approving and accepting
such Services, ensure the professional quality, completeness, and coordination of the sub-consultant's
Services.
2.9.1 Consultant Performance Evaluation: The Consultant is advised that performance
evaluation(s) of the work and/or services rendered throughout this Agreement will be
completed by the City and kept in the City's files for evaluation of future solicitations.
2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for
review to other consultants (engaged by the City at its expense) any or all parts of the Services and
the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review,
12
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
or consider any Services performed by Consultant (including, without limitation, contractors, other
design professionals, and/or other consultants retained by the City), the intent of such requirement is
to enable the Consultant to receive input from others' professional expertise to identify any
discrepancies, errors or omissions that are inconsistent with industry standards for design or
construction of comparable projects; or which are inconsistent with Applicable Laws; or which are
inconsistent with standards, decisions or approvals provided by the City under this Agreement.
Consultant will use reasonable care and skill, in accordance and consistent with customary
professional standards, in responding to items identified by other reviewers in accordance with this
subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation
(and where applicable), via a set of marked-up drawings and specifications. Consultant shall address
comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as
possible under the circumstances, taking into account the timelines of the Project Schedule.
2.11 [Intentionally Omitted]
2.12 Consultant agrees that when any portion of the Services relates to a professional service
which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal
entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly
licensed certified personnel to provide same.
2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a fully
executed Consultant Service Order, a qualified licensed professional to serve as its project manager
(hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and
responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all
aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject
to the prior written approval of the City Manager or his designee (who in this case shall be the Project
Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be
made without the prior written approval of the City Manager or his/her designee (i.e. the Project
Coordinator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from
the City Manager or his/her designee (which notice shall state the cause therefore), to promptly
remove and replace a Project Manager, or any other personnel employed or otherwise retained
by Consultant for the Project ( including, without limitation, any sub-consultants).
2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non-
public information concerning the Services or the Project, without the prior written consent of the City
13
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
Manager or his designee (who shall be the Project Coordinator), unless such disclosure is incident to
the proper performance of the Services; or the disclosure is required pursuant to Florida Public
Records laws; or, in the course of judicial proceedings, where such information has been properly
subpoenaed. Consultant shall also require its employees and sub-consultants to comply with this
subsection.
2.15 The City and Consultant acknowledge that the Services, as described in this Agreement and in
Schedule "A" hereto, do not delineate every detail and minor work task required to be performed by
Consultant to complete the work and/or services described and delineated under a Consultant Service
Order issued to Consultant by the City for a particular Project. If, during the course of performing work,
services and/or tasks on a particular Consultant Service Order, Consultant determines that work
and/or services should be performed (to complete the Project delineated under such Order which is, in
the Consultant's reasonable opinion), outside the level of effort originally anticipated in the Consultant
Service Order (issued for the particular Project), then Consultant shall promptly notify the Project
Coordinator, in writing, and must obtain the Project Coordinator's written consent before proceeding
with such work and/or services. If Consultant proceeds with any such additional work and/or services
without obtaining the prior written consent of the Project Coordinator, said work and/or services shall
be deemed to be a Basic Service under this Agreement and shall also be deemed to be within the
scope of services delineated in the Consultant Service Order (whether or not specifically addressed in
such scope of services). Mere notice by Consultant to the Project Coordinator shall not constitute
authorization or approval by the City to perform such work and/or services. Performance of any such
work and/or services by Consultant without the prior written consent of the Project Coordinator shall be
undertaken at Consultant's sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and all Project documents and
records pertinent to the Services and shall provide the City, upon request, with copies of any and all
such documents and/or records. In addition, Consultant shall provide electronic document files to the
City upon completion of the Project.
2.17 The City's participation in the design and construction of the Project shall in no way be deemed
to relieve the Consultant of its professional duties and responsibilities under the Contract Documents
or under Applicable Laws.
2.18 GREEN BUILDING STANDARDS:
The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter
14
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in
Energy and Environmental Design (LEED) compliance requirements.
2.19 SUB-CONSULTANTS:All services provided by sub-consultants shall be consistent with
those commitments made by the Consultant in its Proposal and during the competitive solicitation
selection process and interview. Such services shall be undertaken and performed pursuant to
appropriate written agreements between the Consultant and the sub-consultants, which shall contain
provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in
this Agreement shall create any contractual relationship between the City and the sub-consultants.
The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of
the City Manager or his/her designee, in response to a written request from the Consultant stating the
reasons for any proposed substitution. Any approval of a sub-consultant by the City shall not in any
way shift the responsibility for the quality and acceptability by the City of the services performed by the
sub-consultant from the Consultant to the City. The quality of services and acceptability to the City of
the services performed by sub-consultants shall be the sole responsibility of Consultant. The
Consultant shall cause the names of sub-consultants responsible for significant portions of the
Services to be inserted on the plans and specifications.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's
authorized representative to coordinate, direct, and review all matters related to this Agreement and
the Project during the design and construction of same (except unless otherwise expressly provided in
J 9 9 ( P P YP
this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without
limitation) to transmit instructions, receive information, and interpret and define City policies and
decisions with respect to the Services and the Project. However, the Project Coordinator is not
authorized to issue any verbal or written orders or instructions to Consultant that would have the affect
(or be interpreted as having the effect) of modifying or changing, (in any way)the following:
a) the Services described in this Agreement;
b) the Term of this Agreement; or
c) the amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall make available to Consultant all information that the City has in its possession
pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such
15
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
information available to Consultant, the City makes no express or implied certification, warranty,
and/or representation as to the accuracy or completeness of such Information. The Consultant
understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems
necessary all information furnished by the City, and that it is solely responsible for the accuracy and
applicability of all such information used by Consultant. Such verification shall include, without
limitation, visual examination of existing conditions in all locations encompassed by the Project, where
such examination can be made without using destructive measures (i.e. excavation or demolition).
Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the
reliability of the information.
3.3 [Intentionally Omitted]
3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and
insurance counseling services for the Project.(including, without limitation, auditing services to verify
the Consultant's applications for payment, or to ascertain that Consultant has properly remitted
payment due to its sub-consultants or vendors).
3.5 If the City.observes or otherwise becomes aware of any fault or defect in the Project, or non-
conformance with the Contract Documents, the City, through the Project Coordinator, shall give
prompt written notice thereof to the Consultant.
3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall
render any administrative approvals and decisions required under this Agreement, in writing, as
reasonably expeditious for the orderly progress of the Services and of the Work. No City
administrative (proprietary) approvals and/or decisions required under this Agreement shall be
unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times have
the right to approve or reject any such requests for any reasonable basis.
3.7 The City Commission shall be the final authority to do or to approve the following actions or
conduct, by passage of an enabling resolution or amendment to this Agreement:
3.7.1 Except where otherwise expressly noted in the Agreement or the Contract Documents,
the City Commission shall be the body to consider, comment upon, or approve any
amendments or modifications to this Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or approve any
16
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
assignment, of this Agreement.
3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from
administrative decisions of the City Manager or the Project Coordinator. In such cases, the
Commission's decision shall be final and binding upon all parties.
3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed the
sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by
the City of Miami Beach Procurement Ordinance, as amended).
3.8 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as
the City's primary representative to whom administrative (proprietary) requests for decisions and
approvals required hereunder by the City shall be made. Except where otherwise expressly noted in
this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations
which may include, without limitation, proprietary review, approval, or comment upon the schedules,
plans, reports, estimates, contracts, and other documents submitted to the City by Consultant.
3.8.1 The.City Manager shall have prior review and approval of the Project Manager (and
any replacements) and of any sub-consultants (and any replacements).
3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on
matters arising pursuant to this Agreement which are not otherwise expressly provided for in
this Agreement. In his/her discretion, the City Manager may also consult with the City
Commission on such matters.
3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required, to
reallocate monies already budgeted toward payment of the Consultant; provided, however, that
the Consultant's compensation (or other budgets established by this Agreement) may not be
increased without the prior approval of the City Commission, which approval (if granted at all)
shall be in its sole and reasonable discretion.
3.8.4 [Intentionally Omitted]
3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum of
twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the
City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments
17
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
increase any of the budgets established by this Agreement.
3.8.6 The City Manager may, in his/her sole discretion, form a committee or committees, or
inquire of, or consult with, persons for the purpose of receiving advice and recommendations
relating to the exercise of the City's powers, duties, and responsibilities under this Agreement
or the Contract Documents.
3.8.7 The City Manager shall be the City Commission's authorized representative with regard
to acting on behalf of the City in the event of issuing any default notice(s) under this
Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant
to and in accordance with Article 10 hereof).
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 [Intentionally Omitted]
4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared by
Consultant.
4.3 Consultant shall warrant and represent to the City that its review and evaluation of the
Construction Cost Budget, Statement of Probable Construction Cost, and any other cost estimates
prepared (or otherwise provided) by Consultant for the Project, represent Consultant's best judgment
as an experienced design professional familiar with the construction industry; provided, however, that
Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any
estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by
Consultant.
4.4 [Intentionally Omitted]
4.5 [Intentionally Omitted]
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consultant following receipt of written
authorization by the Project Coordinator (which authorization must be obtained prior to
18
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
commencement of any such additional work by Consultant). The written authorization shall contain a
description of the Additional Services required; an hourly fee (in accordance with the rates in Schedule
"C" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed"
amount; the amended Construction Cost Budget (if applicable); the time required to complete the
Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the
maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum
cumulative expenses allowable), which the Consultant shall not exceed without further writt en
authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum
cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all
costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense
reviews).
5.2 Additional Services may include, but not be limited to, the following:
5.2.1 Providing additional work relative to the Project which arises from subsequent
circumstances and causes which do not currently exist, or which are not contemplated by the
parties at the time of execution of this Agreement (excluding circumstances and causes
resulting from error, omission, inadvertence, or negligence of Consultant).
5.2.2 Serving as an expert witness in connection with any public hearing, arbitration
proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error
omission, inadvertence, or negligence of Consultant.
5.2.3 [Intentionally Omitted]
5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual
expenditures made by the Consultant in the interest of the Project. Notwithstanding the preceding,
any Reimbursable Expenses in excess of $500 must be authorized, in advance, in writing, by the
Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the
19
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
Project Coordinator (along with any supporting receipts and other back-up material requested by the
Project Coordinator). Consultant shall certify as to each such invoice and/or voucher that the amounts
and items claimed as reimbursable are "true and correct and in accordance with the Agreement."
6.2 Reimbursable Expenses may include, but not be limited to, the following:
6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans,
specifications, and other Project documents (excluding reproductions for the office use of the
Consultant and its sub-consultants, and courier, postage and handling costs between the
Consultant and its sub-consultants).
6.2.2 Costs for reproduction and preparation of graphics for community workshops.
6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over
the Project (i.e. City permit fees).
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Lump Sum" or "Not to Exceed" fee for provision of the Services, or portions
thereof, as may be set forth and described in the Consultant Service Order issued for a particular
Project, shall be negotiated between City and Consultant, and shall be set forth in such Consultant
Service Order.
7:2 Payments for Services shall be made within forty-five (45) calendar days of receipt and
approval of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to
the Services satisfactorily performed, so that the payments for Services never exceed the progress
percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-
up shall be allowed on subcontracted work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set
forth in Schedule "C," attached hereto. Any request for payment of Additional Services shall be
included with a Consultant payment request. No mark-up shall be allowed on Additional Services
(whether sub-contracted or not).
7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto. Any
20
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
request for payment of Reimbursable Expenses shall also be included with Consultant's payment
request. No mark-up shall be allowed on Reimbursable Expenses.
7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive
approved and executed by the City Manager, adjust the fees included in the Hourly Billing Rate
Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a year to
year basis. Such adjustment will be based on the cumulative change of the CPI for the Miami urban
area, provided that in no event shall any the annual increase exceed three percent (3%).
7.6 No retainage shall be held from the Consultant's compensation on account of sums withheld by
the City on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a
timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and
extent of the work performed; the total hours of work performed by employee category; and the
respective hour) billing rate associated therewith. In the event sub-consultant work is used the
P Y 9
percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional
Services and/or Reimbursable Expenses. A copy of the written approval of the Project Coordinator for
the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice.
7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records
hours for all work (by employee category), and cost itemizations for Reimbursable Expenses
(by category).
7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and
approval of an acceptable invoice by the Project Coordinator.
7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior
written approval of the City Manager before disbursement of same.
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
All books, records (whether financial or otherwise), correspondence, technical documents, and any
other records or documents related to the Services and/or Project will be available for examination and
audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address
21
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
designated in Article 15 ["Notices"]), during customary business hours upon reasonable prior written
notice. All such records shall be kept at least for a period of three (3) years after Consultant's
completion of the Services. Incomplete or incorrect entries in such records and accounts relating
personnel services and expenses may be grounds for City's disallowance of any fees or expenses
based upon such entries. Consultant shall also bind its sub-consultants to the requirements of this
Article and ensure compliance therewith
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
9.1 All notes, correspondence, documents, plans and specifications, designs, drawings,
renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any
other documents (whether completed or partially completed) and copyrights thereto for Services
performed or produced in the performance of this Agreement, or related to the Project, whether in
paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard
details and designs owned by the Consultant or owned by a third party and licensed to the Consultant
for use and reproduction, shall become the property of the City. Consultant shall deliver all such
documents to the Project Coordinator within thirty (30) days of completion of the Services (or within
thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However,
the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing
copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing,
In addition, the Consultant shall not disclose, release, or make available any document to any third
party without prior written approval from the City Manager. The Consultant shall warrant to the City
that it has been granted a license to use and reproduce any standard details and designs owned by a
third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing
contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes.
9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior
written approval of the City Manager.
9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt
copyrighted material for additional or other work for the City; however, payment to the Consultant for
such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt
the original copyrighted material to a new site.
22
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
9.4 The City shall have the right to modify the Project or any components thereof without
permission from the Consultant or without any additional compensation to the Consultant. The
Consultant shall be released from any liability resulting from such modification.
9.5 The Consultant shall bind all sub-consultants to the Agreement requirements for re-use of
plans and specifications.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to
the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its
performance in accordance with the terms and conditions of this Agreement. In the event there is a
lack of adequate funding either for the Services or the Project (or both), the City may terminate this
Agreement without further liability to the City.
10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this
Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates
any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the
performance of the Services or any portion thereof; or(3) does not perform the Services or any portion
thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the
Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial
written notice of default from the City).
10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole
option and discretion, may take over the remaining Services and complete them by contracting
with another consultant(s), or otherwise. The Consultant shall be liable to the City for any
additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as
the difference between the actual cost of completion of the Services, and the cost of
completion of such Services had the Agreement not been terminated.
10.2.2 In the event of termination for cause by the City, the City shall only be obligated to
pay Consultant for those Services satisfactorily performed and accepted prior to the date of
termination (as such date is set forth in, or can be calculated from, the City's initial written
default notice). Upon payment of any amount which may be-due to Consultant pursuant to this
subsection 10.2.2, the City shall have no further liability to Consultant.
23
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
10.2.3 As a condition precedent to release of any payment which may be due to Consultant
under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project
Coordinator any and all Project documents prepared (or caused to be prepared) by
Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City
shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery
of Project documents pursuant to this subsection.
10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the
City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior
written notice to Consultant, for. convenience, without cause, and without penalty, when (in its sole
discretion) it deems such termination to be in the best interest of the City. In the event the City
terminates the Agreement for convenience, Consultant shall be compensated for all Services
satisfactorily performed and accepted up to the termination date (as set forth in the City's written
notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project
documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due
to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant.
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for
cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates
any provisions of this Agreement or unreasonably delays payment of the Services or any portion
thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any
Services satisfactorily performed and accepted up to the date of termination; provided, however, that
the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's
initial written notice).
10.4.1 The Consultant shall have no.right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or
for convenience), the Consultant shall immediately, upon receipt of the City's written notice of
termination: (1) stop the performance of Services; (2) place no further orders or issue any other
subcontracts, except for those which may have already been approved, in writing, by the Project
Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project
documents (for delivery to the Project Coordinator).
24
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required
insurance coverage in full force and effect. The Consultant shall not commence any work until
satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator:
(a) Professional Liability Insurance, in the amount of three million dollars ($3,000,000.00), per
claim, with a maximum deductible of$150,000 per occurrence, $450,000 aggregate.
(b) Comprehensive General Liability Insurance, in the amount of one million dollars
($1,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for each
occurrence, which shall include products, completed operations, and contractual liability
coverage. The City of Miami. Beach, Florida must be named as an additional insured on this
policy.
(c) Worker's Compensation and Employer's Liability coverage within the statutory limits
required under Florida law.
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of
cancellation or of substantial modifications in any required insurance coverage. All certificates and
endorsements shall contain this requirement.
11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its
equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do
business in the State of Florida, and countersigned by the company's Florida resident agent.
11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required
insurance policies. The City reserves the right to require a certified copy of such policies, upon written
request to Consultant.
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless
the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses,
and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the
25
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons
employed or utilized by the Consultant in the performance of this Agreement and/or in the performance
of any Consultant Service Order issued by the City to Consultant pursuant to this Agreement.
The Consultant shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all-costs, judgments, and attorney's fees which may
issue thereon. Consultant expressly understands and agrees that any insurance protection required
by this Agreement (or otherwise provided by Consultant) shall in no way limit its responsibility to
indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and
instrumentalities as herein provided.
12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for
any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors 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 Contractor, or other
acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the
Consultant (including, without limitation its sub-consultants and/or any registered professionals
(architects and/or engineers) under this Agreement).
ARTICLE 13. ERRORS AND OMISSIONS
[Intentionally Omitted]
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability
for any cause of action for money damages due to an alleged breach b the City of this Agreement, so
Y Y 9
that its liability for any such breach never exceeds the "not to exceed" amount of the fee paid to
Consultant under the Work Order (or Work Orders) that are the alleged causes for such breach, less
any amount(s) actually paid to Consultant under such Work Order(s). Consultant hereby expresses its
willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for
action for breach of contract to be limited to the "not to exceed" amount of the fee paid to Consultant
under the Work Order (or Work Orders) that are the alleged causes for such breach, less any
amount(s) actually paid to Consultant under such Work Order(s).
26
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby
agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by
the City of this Agreement, in an amount equal to the "not to exceed" amount of the fee paid to
consultant under the Work Order (or Work Orders) that are the alleged causes for such breach, less
any amount(s) actually paid to Consultant under such Work Order(s) which amount shall be reduced
by any amount(s) actually paid by the City to Consultant hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a
waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes.
ARTICLE 15. NOTICE
All written notices given to City by Consultant shall be addressed to:
City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Jorge Gomez, Assistant City Manager
With a copy to:
J
Capital Improvement Projects Office
P p
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Fernando Vazquez, P.E. CIP Director
All written notices given to the Consultant from the City shall be addressed to:
AECOM Technical Services, Inc.
800 Douglas Entrance
North Tower, 2nd Floor
Coral Gables, FL 33134
Attn: Lennart J. Lindahl, P.E., District Vice President
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail,
return receipt requested.
27
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
ARTICLE 16. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,
Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY
ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not
discriminate against any employee or applicant for employment for work under this, Agreement
because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability,
marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed
and employees are treated during employment without regard to race, color, national origin, religion,
sex, gender identity, sexual orientation, disability, marital or familial status, or age.
16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract
to provide an goods or services to the City, may not submit a bid on a contract with the City for the
P Y9 Y Y Y
construction or repair of a public building or public work, may not bid on leases of real property to the
City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant
under a contract with the City, and may not transact business with the City in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months
from the date of being placed on the convicted vendor list. For violation of this subsection by
Consultant, City shall have the right to terminate the Agreement without any liability to-City, and
pursue debarment of Consultant
16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual
or firm, other than a bona fide employee working solely for 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 subsection, City shall have the right to terminate the
28
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise
recover)the full amount of such fee, commission, percentage, gift, or consideration.
16.5 LAWS AND REGULATIONS:
16.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal,
State, Miami-Dade County, and City laws, ordinances, and codes which may have a bearing
on the Services involved in the Project.
16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes,
entitled "Inspection, Examination, and Duplication of Records; Exemptions," all building plans,
blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats,
are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying
of public records), and s. 24(a), Article I of the State Constitution. Information made exempt
by this paragraph, with prior written approval from the City Manager, may be disclosed to
another entity to perform its duties and responsibilities; to a licensed architect, engineer, or
contractor who is performing work on or related to the Project; or upon a showing of good
cause before a court of competent jurisdiction. The entities or persons receiving such
information shall maintain the exempt status of the information.
16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant
agrees to abide by all applicable Federal, State, and City procedures, as may be
amended from time to time, by which the documents are handled, copied, and
distributed which may include, but is not limited to, each employee of Consultant and
sub-consultants that will be involved in the Project being required to sign an agreement
stating that they will not copy, duplicate, or distribute the documents unless authorized
by the City Manager, in writing.
16.5.2.2 The Consultant and its sub-consultants agree in writing that the Project
documents are to be kept and maintained in a secure location.
16.5.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
16.5.2.4 A log is developed to track each set of documents logging in the date,
time, and name of the individual(s) that work on or view the documents.
29
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added
compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities
which may exist in the Contract Documents prepared by Consultant, including documents prepared by
its sub-consultants. Compliance with this subsection shall not be construed to relieve the Consultant.
from any liability resulting from any such errors, omissions, and/or ambiguities in the Contract
Documents and other documents or Services related thereto.
16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this
Agreement and under any Consultant Service Order issued by the City to Consultant shall conform to
the quality expected of and usually provided by the profession in the State of Florida applicable to the
design and construction of public and commercial facilities.
16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement, the City
is not precluded from retaining or utilizing any other architect, engineer, design professional or other
consultant to perform any incidental Basic Services, Additional Services, or other professional services
within the contract limits defined in the Agreement. The Consultant shall have no claim against the
City as a result of the City electing to retain or utilize such other architect, engineer, design
professional, or other consultant to perform any such incidental Services.
16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any
other person, firm, association or corporation, in whole or in part, without the prior written consent of
the City Commission, which consent, if given at all, shall be at the Commission's sole option and
discretion. However, the Consultant will be permitted to cause portions of the Services to be
performed by sub-consultants, subject to the prior written approval of the City Manager.
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself,
his/her partners, successors, legal representatives and assigns to the other party of the Agreement
and to the partners, successors, legal representatives, and assigns of such party in respect to all
covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the
opportunity to approve or reject all proposed assignees, successors or other changes in the ownership
structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement
by the Consultant.
30
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the
Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries,
wages, materials, equipment, sub-consultants, and other purchased services, etc., as necessary to
complete said Services.
16.12 INTENT OF AGREEMENT:
16.12.1 The intent of the Agreement is for the Consultant to provide design services, and to
include all necessary items for the proper completion of such services for a fully functional
Project which, when constructed in accordance with the design, will be able to be used by the
City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental
work which may not be specifically referenced, as necessary to complete the Project.
16.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to a
third party beneficiary, to any person, nor does it authorize anyone not a party to the
Agreement to .maintain a suit for personal injuries, professional liability, or property damage
pursuant to the terms or provisions of the Agreement.
16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or
agents, shall either stop the City from asserting any rights or operate as a waiver of any
provisions hereof or of any power or right herein reserved to the City or of any rights to
damages herein provided.
16.13 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein; and the
parties agree that there are no commitments, agreements, or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, the parties agree that
no deviation from the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written. It is further agreed that no modification, amendment or alteration in the terms
or conditions contained herein shall be effective unless memorialized in written document approval
and executed with the same formality and of equal dignity herewith.
31
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their respective
witnesses and City Clerk on the day and year first hereinabove written.
Attest CITY OF MIAMI BEACH:
IINGUHP� ORATED'
CITY CLERKS�' AYOR
AECOM TECHNICAL SERVICES, INC.
Attest
C"
Signature Si ature
Print Name/Title Print Name/Title
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
32
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012) -•--
City Attorney Date
NOTE TO AGREEMENT SCHEDULES
NOTE: WITH THE EXCEPTION OF SCHEDULES "A" AND "C" (BASIC SERVICES AND
CONSULTANT'S HOURLY BILLING RATE SCHEDULE), THE ATTACHED SCHEDULES ARE FOR
ILLUSTRATIVE PURPOSES ONLY. WHEN CONSULTANT IS ISSUED A CONSULTANT SERVICE
ORDER FOR A PARTICULAR PROJECT PURSUANT TO THIS AGREEMENT, THEN THE
SPECIFIC SCHEDULES PERTAINING TO THAT PARTICULAR WORK, SERVICES AND/OR
TASKS (I.E. THE SCOPE OF SERVICES; CONSULTANT COMPENSATION; CONSTRUCTION
COST BUDGET; PROJECT SCHEDULE; ETC) SHALL BE NEGOTIATED BETWEEN THE CITY
AND THE CONSULTANT AND THE TERMS OF THIS AGREEMENT SHALL GOVERN FOR THAT
PARTICULAR PROJECT.
33
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
SCHEDULE A
SCOPE OF SERVICES
The Consultant shall provide professional engineering services on an "as needed basis" to
provide construction management support for right-of-way capital improvement projects.
It is the intent of the City to select a primary firm to provide Basic Services, on an "as needed
basis", in support of specific right-of-way capital improvement projects. The construction
projects that may be assigned to the Consultant will be mostly Task Order Contracts from the
City's CIP and other City Departments. Also, in the event that the primary firm has a conflict of
interest for a particular task (i.e. when the firm being requested to perform a project task was the
engineer of record or the design criteria professional of the same project), the City may utilize
the secondary and/or tertiary firm. If for any reason; the primary firm's contract is terminated or
fails to perform in a timely manner, the secondary firm will become the primary, and the tertiary
firm the secondary firm. The selected firms are as follows: primary firm, CDM Smith, Inc.;
secondary firm, Atkins North America, Inc.; and the tertiary firm, AECOM Technical Services,
Inc.
Each firm awarded a contract hereby agrees to be placed on a list of professionals that will
provide construction management support where the City may call upon them to perform
professional services for certain City projects, (the Project or Projects), as assigned by the City,
in its sole discretion and judgment. As the need for service arise, the primary firm will be
contacted to provide the necessary professional services according to the negotiated scope of
work and cost. Professional services will be quoted as a not to exceed or lump sum based on
the estimated hours to complete a project and in accordance with the hourly rates set forth in
Schedule "C" of this agreement. The Services will be commenced b the Consultant upon
9 Y P
receipt of a written Consultant Service Order; the Consultant shall sign it and returned it to the
City for execution by the City Manager or his/her designee.
The CONSULTANT shall provide a variety of management services including, but not limited to:
pre-planning, programming, design management, design review, procurement support,
construction. management, commissioning, and post-construction support in cooperation with
CIO staff, other city departments, architect-engineers, and Contractors. Professional design
services are not part of the services. All work will be performed based on firm, fixed price task
orders issued, as needed, under the basic contract for services.
34
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
Consultant will be encouraged to provide staff certified as construction managers by the
Construction Manager Certification Institute sponsored by the Construction Management
Association of America (CMAA).
The tasks to be performed pursuant to any contract issued as a result of this RFQ include, but
are not limited to, the tasks described below. Tasks to be performed under a specific task order
may vary from those below and will be determined by the City on a project by project (or task by
task) basis. Consultant should not assume, therefore, that each and every task will ultimately be
required for every task order.
General Tasks:
Task 1 — Engineering/Project Management;
Task 2 —General Administration of the Construction Phase;
Task 3— Project Operations Services; and
Task 4 —Subcontracted Expert Services, Liaison Services and Other Direct Costs.
TASK 1 —ENGINEERING/PROJECT MANAGEMENT
1.1 PROJECT ADMINISTRATION
1.1 A. General Requirements
Consultant shall prepare and administer a Project Control System to provide
information and data essential to effective management for the Construction
Contract. The system shall provide the basis for timely managerial actions.
Communication procedures are to be designed to provide a controlled flow of
information to the City decision makers and those responsible for putting decisions
into action. Consultant shall be tasked with the preparation of concise and useful
Action Reports. Elements of the Project Control System are described in succeeding
sections.
1.1 A-1. Communications and Coordination
Establish lines of communication with the City, the Design Engineer, Contractors,
and. relevant agencies. Overall project communications and coordination shall be
provided by the Consultant's Project Manager. Consultant shall maintain this system
throughout the life of a Project.
35
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
1.1 A-2. Progress Meetings
Consultant shall participate in briefings and progress meetings relative to the Project,
as directed by the City.
1.1 A-3. Design Engineer
Establish channels of communication and coordination with the Design Engineer,
and field office personnel shall be established and maintained. All construction
phase services of the Design Engineer and his/her liaison(s) shall be coordinated
through the Consultant with the Contractors.
1.1 A-4. Utilities
Monitor communications and coordination of the Project Work with work done by, or
for, public or private utility companies, and shall review the Contractors' compliance
with agreements between the City and the utility companies. The Consultant shall
keep City informed of such transactions.
1.1 A-5. Other Agencies
Maintain communications with and coordinate the progress of the work with other
agencies where the Project Work interfaces with the operations of such other
agencies. The Consultant shall keep City informed of such transactions.
1.1 A-6. Government City Negotiations
Provide the City with the necessary information required to assist the City and the
Design Engineer in negotiating with Contractors and governmental agencies having
jurisdiction over the Project Work.
1.1 A-7. General Project Review
The Consultant shall conduct a gap analysis to ascertain the effect of the following
on the overall Project and report to the City accordingly. Potential activities among
others to be determined by the City are:
• City procedures, manuals and requirements governing consultants and
construction contracts;
• General Construction Contract provisions and information available to bidders;
• Status of required permits including permits secured, stipulations, or special
conditions;
• Insurance requirements;
36
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
• Construction Contract breakdown and phasing of work;
• Federal, State and local City requirements governing the Project;
• Agreements with utilities, as provided by the City;
• Agreements with adjacent owners including special restrictions in agreements.
1.1 A-8. Pre-Construction Conferences
Attend and assist the City in conducting pre-construction meetings with the
successful Contractors to familiarize them with the following items:
• The contract requirements and provisions required by Federal, State and local
governmental agencies.
• The interrelationship between the Consultant, the Design Engineer, the
Contractor and his subcontractors, public and private utilities, other contractors
and the City.
• The Project Control and Scheduling System established by the Consultant and
the City.
• The basis for reporting, preparing and processing progress payments and
monitoring continuous coordination of construction activities.
• The submission of schedules from the Contractors for start-up activities.
• City procedures which the Contractors are to follow during the course of the
Contract.
• City procedures which the Contractors are to follow during the course of the
Contract.
1.1 A-9. Permits and Regulatory Compliance
Assist in the preparation of post construction permit applications and support the City
in obtaining approvals thereof as follows:
• Develop a list of required post-construction permits;
• Maintain liaison with government agencies;
• Prepare and assist in processing post-construction permit applications in
conjunction with City and other City agencies;
• Prepare applications for and assist in the processing of these applications for
the City to obtain Certificates of Occupancy or Certificates of Completion as
required;
• Monitor and prepare status reports of all permit applications and identify the
37
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
impact on the project schedule;
• Identify and monitor the actions of the Design Engineer, the City, and other
Agencies and the contractors to obtain the permit approvals.
1.1 B. Scheduling
1.1 B-1. Construction Schedules
Completion of the Project in accordance with approved construction schedules is a
matter of the highest priority. The General Conditions Section of each Construction
Contract Document stresses the importance of schedule adherence and sets forth
criteria to be followed. Consultant shall provide services as follows:
• Coordinating with Contractor during the planning and scheduling the Work,
monitoring and reporting progress, and updating and revising schedules as
required.
• Monitoring of the Contractors' compliance with planning and scheduling
requirements set forth in the individual contracts and adherence to the
schedules.
• Determining compliance with all scheduling requirements by the Contractors.
• Developing and updating a "Project Master Schedule" covering all the
Construction Contracts to reflect the required milestone dates to bring the
individual Construction Contracts, as well as the overall Project, to scheduled
completions. This "Project Master Schedule" shall be used to monitor all
subsequent Contractor individual CPM Monthly Updates.
• Reviewing and approve Contractor network diagrams to determine that they have
been prepared in accordance with the requirements set forth in the Construction
Contracts; and that milestone dates established for the overall Project are
complied with.
• Reviewing the individual Contractor schedules to determine whether they City
reasonable sequences and durations leading to the completion of the Contract
work.
• Providing recommendations to the City when a Contractor's schedule will be
approved or what changes should be requested before approval is granted.
Preparing and submitting to the City the following reports:
Schedule Analysis Report
38
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
This report shall provide a comparison of scheduled versus actual activities. This
analysis will treat each Construction Contract separately, listing activities started
and/or completed during the report period. Progress along the critical path for
each Construction Contract shall be described in general terms with specific
mention of changes since the previous report and new or continuing
dependencies on other Construction Contracts. Observed deviations from
planned schedules shall be highlighted and explained. Possible trends which
may result in deviations during subsequent periods shall be summarized.
Corrective actions underway shall be related to each deviation.
Executive Summary.
This monthly report shall be a concise, narrative comparison of actual versus
planned progress for the report period. The principle of "management by
exception" shall highlight deviations from planned progress, reasons for such
delays, alternative remedial actions considered, and plans for the succeeding
month.
Cash Flow Reports.
This report shall be prepared by the_ Consultant for displaying the completed
relationship between actual progress and money spent by the Contractors and
the Consultant, and to provide a forecast of the need for funds throughout the
duration of the Project that shall allow the City to plan its Project funding.
Special Interim Reports.
This report shall be prepared by the Consultant to discuss the impact of events
which may have significant effect on the Project, i.e., unfavorable events
resulting in delays in excess of 30 days or favorable events which would
accelerate Project completion.
® The Consultant shall advise the City of instances where Construction Contractors
fail to satisfy the Planning and Scheduling requirements of their contracts or to
adhere to approved schedules, and shall suggest initiation of action by the City
designed to bring the Contractor into compliance.
1.1 B-2. Equipment Order and Shop Drawing Schedules
39
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
The separate activities pertaining to Equipment Orders and Shop Drawings shall be
extracted from Contractors' Construction Schedules and printed each month with the
current information concerning delivery dates.
Major materials, equipment, and fabricated items shall be listed in the master
Equipment Order and Shop Drawing Schedules. Contractors shall submit time
periods for preparation, reviews and approvals of shop drawings, fabrication, testing
and delivery of equipment to the site. These projected time periods shall be reviewed
and compared with the Construction Schedules. The Consultant shall recommend
actions to be taken to rectify potential delays and shall submit its recommendations
to the City for review and decision.
The Shop Drawing Schedules, prepared by the Contractors, will include the
fabrication and delivery cycles. Specific activities to be shown on the Shop Drawing
Schedules shall include:
• Approval
• Fabrication
• Testing
• Shipping
The Shop Drawing Schedules shall be utilized by the Consultant to, among other
things, adjust the Master CPM Schedule input as required.
1.1 B-3. Occupancy Schedule
As an adjunct to the Master Schedule, in conjunction with the City, the Consultant
shall develop a coordinated schedule for acceptances, turnover and occupancy of
each major element and procedures for an orderly transition from construction to
occupancy. Development of the Occupancy Schedule for each construction contract
shall commence upon approval of the initial construction schedules. The schedule
shall indicate the time required for the following:
• Schedule for witness shop and preliminary field tests.
• Schedule for final field testing of equipment processes and systems.
• Acquisition of manuals or bulletins of instructions, troubleshooting manuals,
preventative maintenance manuals and spare parts from the equipment
manufacturers.
• Training of the City's representatives by the equipment manufacturer's
40
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
representatives.
1.2 FINAL COPIES OF SHOP AND WORKING DRAWINGS AND AS-BUILT CONTRACT
DRAWINGS
1.2 A. Final Copies of Shop and Working Drawings
The Consultant shall obtain from the construction contractors the final copies of the Shop
Drawings and Working Drawings prepared by the construction contractors in accordance
with the requirements of the Construction Contract Documents.
The Consultant shall review the final copies prepared and submitted by the construction
contractors for completeness, format, and conformance to the construction contract
Documents.
The Consultant shall determine which drawings require checking to determine whether the
drawings furnished are corrected to show any deviation from the previously approved
drawings. The Consultant shall check such drawings and advise the construction
contractors of the necessary revisions to be made prior to the submittal of the final copies
of the Working Drawings and the Shop Drawings.
The Consultant shall prepare CD ROM records of all Final Copy-Working Drawings from
the approved Working Drawings submitted by the Contractors. The CD's of the Final Copy
Working Drawings shall be transmitted to the City by the Consultant after the microfilming is
completed.
The work to be performed under the design contract for services during construction with
regard to shop drawing review and related services are not included in this task.
9 9
1.3 AS-BUILT CONTRACT DRAWINGS
During the course of the construction contract, the Consultant shall mark-up and maintain a
file of the contract drawings showing deviations from the work as approved from the
contract Documents. The Consultant shall revise the final Contract Drawings, including
Supplementary Drawings, to show the actual construction of all of the features of the work.
The Consultant shall provide CD ROM records of the As-Built Drawings.
41
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
1.4 CONSTRUCTABILITY REVIEW
If required by a Project Task Agreement, the Consultant shall review plans and other
available project information and prepare a report that documents constructability issues
that could potentially delay or disrupt the completion of the project. The objective of the
review is to assure that contract documents are sufficiently detailed so that the project can
be bid rationally and built without significant contract changes or delays. The Consultant
shall review and comment on any aspects of the project as related to the construction and
constructability, staging, permitting, site conditions and traffic plans, coordination with and
among related agencies, neighborhood associations.
1.5 BIDDING SERVICES
The Consultant shall provide services to assist the City and the Design Engineer during the
bidding process for Construction Contracts. If requested by the City, the Consultant shall
provide a thorough and comparative bid analysis of three (3) low and responsible bidding
contractors for each bidding contract.
TASK 2 -GENERAL ADMINISTRATION OF THE CONSTRUCTION PHASE
The Consultant may be requested to be the representative of the City at the site, and subject to
review by the City or his/her duly authorized representative, shall have the power, in the first
instance, to observe the performance of the Work as delineated in the Construction Documents.
The Consultant shall agree that it will determine that the work conforms to the Construction
Contract Documents. It is the responsibility of the Construction Contractors, and not the
responsibility of the Consultant, to determine the means and methods of construction.
It shall be the responsibility of the Contractors to accomplish the work in accordance with pre-
established Construction Schedules. The Consultant, however, shall advise the City, or his/her
duly authorized representative, when a Contractor's progress falls behind the pre-established
and approved Construction Schedule. If required by the City, the Consultant shall review the
adequacy of the Contractor's personnel and equipment and the availability of his necessary
materials and supplies.
The Consultant shall submit, for the approval of the City, a table of organization of engineers
and inspectors assigned to the engineering inspection of each Construction Contract, prior to
the start of construction.
The Consultant shall provide, to the satisfaction of the City, through his/her duly authorized
42
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
representative, the Chief, Resident Engineering Inspection Services from the date the
Consultant is ordered to commence services to the completion of the Construction Contractors'
operations and acceptance of the work by the City or for the period of performance indicated
herein whichever comes first. The services to be performed by the Consultant include but are
not necessarily limited to, the following:
2.1 A. Resident Project Representation (RPR)
• The Consultant shall observe the installation of all facets of the work described
in the Construction Documents for conformance.
• The Consultant shall verify quantities and prepare estimates for payment,
including extra or additional work.
• The Consultant shall obtain from the Contractors original and final cross
sections and such other measurements as are necessary to compile monthly
and final estimates, reports and record plans and maintain a file of this
information.
• The Consultant, however, may be required to conduct surveys as authorized in
writing by the City when needed in the performance of the inspection services.
These services may be required to verify baseline location, re-establish survey
monuments and verify disputed surveys, etc.
• The Consultant shall initiate field change order requests as required and
maintain time and material records. The Consultant shall meet with Contractors
to determine necessary modifications for handling the changed conditions and
shall recommend to the City action to be taken.
• The Consultant shall monitor the coordination of the Contractors' coordination
of their work with each other and with public and private utility companies and
others, for the relocation, support, protection or replacement of existing utilities.
• The Consultant shall provide inspection of and keep complete records on any
City authorized extra work being conducted at the project on a time and
material basis.
• The Consultant shall verify the Contractor's payment quantities in writing as
substantiated by signed documents from the Contractors by countersigning
progress and final payment requests submitted by Contractors when and to the
extent approved.
43
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
• The Consultant shall prepare draft response correspondence for the City's use
to the Contractors and initiate other draft correspondence, including the City's
replies to formal complaints and disputed items of work.
• The Consultant shall monitor the inventory of all the spare parts required,
received, and their place of storage.
r
• The Consultant shall verify that the Contractors have obtained all work permits
and that all required controlled inspections are satisfactorily performed with
proper records maintained.
• The Consultant shall provide adequate staffing to perform RPR services. It is
the responsibility of the Consultant to ensure that all employees conduct field
inspections in conformance with all applicable codes and possess all required
licenses and certifications deemed necessary for the performance of the work
under the construction contract.
2.1 B. Construction Meetings
• The Consultant shall arrange and conduct meetings with the Contractors for
each Construction Contract. During periods of active construction, these
meetings shall be held monthly or as conditions mandate. Appropriate
Consultant personnel shall attend these meetings and coordinate follow-up
activities with the Design Engineer and others.
• The Consultant shall conduct these meetings and shall assist in the resolution
of disputes, review work progress and its acceptability, and shall monitor the
coordination of construction activities with adjacent construction sections and
agencies having jurisdiction.
• Within five (5) working days after the meeting, the Consultant shall prepare and
distribute copies of the minutes of each job meeting to the City and to each
Contractor and other parties who attended. The Consultant shall analyze job
meeting minutes and recommend solutions to the City for problems raised or
discussed therein.
• In addition, the Consultant shall prepare minutes of all other job related
meetings and shall prepare and distribute the minutes as hereinbefore
specified. The Consultant shall advise all recipients of the minutes in writing of
any final results of these job related meetings.
44
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
2.1 C. Field Progress Reports and Records
• The Consultant shall prepare, maintain and file and distribute, as appropriate
the following reports, correspondence and records for each Construction
Contract from award to final acceptance, payment, and close-out within the
period of performance indicated herein.
• The Consultant shall develop forms required for records and reports and submit
same to the City.
• The Consultant shall maintain daily inspection reports on each Construction
Contract to indicate resident inspectors' actions, progress of work, significant
occurrences, weather, problems, description of work, CPM activity number,
number of contractor personnel working at activities, related adjacent work, etc.
• Monthly Action Report. The Consultant shall prepare a monthly action report. Its
primary purpose will be to provide a brief list of items requiring action. Titles of
personnel categories directly responsible for each item shall be noted in the
Action Report. Distribution shall be limited to those Project personnel directly
responsible for significant areas of performance. The Consultant shall make
recommendations on how to alleviate recognized problems.
• The Consultant shall maintain daily records of each force account work or
overtime, at other than normal hours, as back-up for payment for extra charges,
if any.
• The Consultant shall maintain the Construction Documents and Record
Drawings.
• The Consultant shall maintain records of all correspondence and meetings
pertaining to the Construction Contracts.
• The Consultant shall keep reports including records of materials or equipment
delivered to or stored by the Contractors and eligible for partial payment.
• The Consultant shall maintain records of Contract changes (Change Orders).
• The Consultant shall maintain records pertaining to the prosecution of the
Project, particularly of delays or lack of Contractor's cooperation.
• The Consultant shall, on short notice, prepare reports as required by the City.
45
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
• The Consultant shall prepare extension of time reports and claim rebuttal
reports as required by the City and shall analyze conditions causing delay as
submitted by Contractors.
• The Consultant shall maintain a current, completely documented file of all
design and field change orders, all disputed work items including but not limited
to alleged extra work, deleted work, delay and potential claim items and
monitor the resolution of these items.
• The Consultant shall maintain a visitors log for personnel not assigned to the
Consultant's field staff.
• The above shall form a basic part of the permanent record of the Project and
shall cover all of the important factors affecting job conditions and progress of
the work. All reports are to be kept up to date.
2.1 D. Contractors' Progress Payments
• The Consultant shall secure from each Contractor, for review and approval, a
breakdown of his awarded lump-sum price. This breakdown shall be used for
the purpose of establishing partial payments and percentage complete.
• As the work advances, the Consultant shall review the monthly estimates for
payment submitted by the Contractors, including material or equipment
delivered or stored at the site and eligible for partial payment, including the final
payment.
• Upon approval, the Consultant shall sign the Contractors' monthly estimates
and forward the necessary copies to the City for processing. The Consultant
shall maintain a complete record of all processed payment requests and
supporting documents.
2.1 E. Change Orders, Contract Modifications
• The Consultant shall manage the change order process to evaluate change
order claims. In addition, the Consultant shall obtain a fair and reasonable price
for those items determined to be bonafide extra-work. For all change orders the
Consultant shall* be required to schedule and attend a pre-collaboration
meeting within one week of identification of change orders in accordance with
the provided process flowcharts. For field condition change orders, a draft
46
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
scope of work shall be issued within 15 days of identification schedule. The
Consultant shall attend a collaboration meeting and finalize the scope of work
for field condition change orders and assist in the finalization of the scope of
work for design change orders within 30 days of identification. A cost estimate
shall be prepared for negotiations within 45 days of identification. All change
orders negotiations will be completed within 60 days after identification. Should
the contractor be non-responsive or there has not been a full agreement in
cost, the Consultant shall force the entire change order, force parts of the
change order, or utilize allowances for parts of the change orders as
appropriate. For forced or "Time and Material" change orders, the Consultant
shall continue negotiations if requested by the contractor to reach a lump sum
agreement. For design change orders, the Consultant shall prepare a
comparative estimate if the contractor is not responsive to the request for
proposal
• The Consultant shall receive and log' change order requests from the
Contractor, as well as request and log change order quotations directed by the
City. The Consultant shall review all change order logs for accuracy to ensure
that change orders are identified at the correct time and that all steps are
performed in compliance with the guidelines above. The Consultant shall be
responsible for notifying the City if any steps in the process are in variance with
the standard time for that step.
• The Consultant shall coordinate the preparation of any revised specifications
and/or sketches with the Design Engineer that are needed to define the scope
of the extra work. Until a potential extra work item is confirmed and executed
as a change order or canceled, it,is assigned a potential change order number
to facilitate tracking and filing. Using this method, one or more potential change
orders can be subsequently incorporated into individual contract changes. The
Consultant shall determine entitlement of compensation for all Contractor
requested changes for additional work.
• The Consultant shall verify changes performed on a time-and-material basis
using a Daily Extra Work report each day work is performed. The Consultant
shall also perform a time impact analysis for Contractor requested time
extensions that accompany a change order. The Consultant shall enter the
47
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
duration of the extra work activities associated with the contract change into the
CPM schedule to verify impacts on the critical path. If the change order is too
complex such that the above time frame cannot be reasonably met, the
Consultant shall notify the City at the time of identification and present a
revised timeline. The revised timeline is subject to the approval of the City. .It is
important to note that the Consultant's performance rating shall be based on
the timelines and quality of documentation.
• The Consultant will prepare a detailed change order cost estimate with which to
compare and negotiate the contractor's cost quotation. The Consultant will then
recommend acceptance or rejection of the terms of the change order to the
City and, if accepted, prepare the change order documents for signature. If
there is disputed extra work, the Consultant will work with the City, the DE and
the Contractor until the disputed items are satisfactorily resolved. If the issues
are not resolved, the Consultant will then track the items as a potential claim to
project completion. The change order status will be included in the Monthly
Status Report.
2.1 F. Testing and Material Samples
• The Consultant shall confirm that samples are submitted pursuant to the
construction contract specifications and are representative for submittal to
selected testing laboratories where required, and shall obtain test results, and
recommend acceptance or non-acceptance of materials to the City based on
the laboratory test results for quality control.
• The Consultant shall verify that all materials delivered to the job site have been
certified in the above manner and as required in the Construction Documents
before being used.
2.1 G. Certifications, Warranties and Guarantees
• As soon as practicable, but no later than ten (10) calendar days after a piece of
equipment or facility is put into operation, the Consultant shall obtain, and
forward to the City three (3) copies of all Contractors' lists of manufacturers'
installation directions, operating and maintenance manuals, materials
specifications, certifications, warranties and guarantees.
48
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
2.1 H. Equipment, Material, Shop, Preliminary and Final Field Tests
• The Consultant shall monitor equipment, material, shop, preliminary and final
field tests. The Consultant shall also review the proposed field test procedures
submitted by the Contractors, attend and monitor the field tests, analyze the
results and determine acceptability of field tests in conformance with the
Construction Documents.
2.1 I. Acceptance Inspection
• The Consultant shall inspect the work on the completion of each Construction
Contract and shall prepare complete punch lists detailing omissions or
deficiencies. Upon correction of all omissions and deficiencies, the Consultant
shall report to the City on the completion of the Project, recommend its
acceptance, and approve final payment to the Contractors.
• If, before the final completion of all the work contemplated herein, it shall be
deemed necessary by the City to take over, use, occupy or operate any part of
the completed or partly completed work, the Consultant shall inspect that part
of the work and shall compile punch lists detailing any and all omissions and
deficiencies. The Consultant shall report to the City upon the correction of all
omissions and deficiencies.
2.1 1 (a) Shop and Working Drawings
• The Consultant shall be responsible for monitoring the shop drawing
submittal process to determine if the submittal, review, and approval
process will impact the construction schedule and if necessary suggest and
coordinate and facilitate the implementation of actions to mitigate the
impacts. All submittals from the contractors will be submitted to the Design
Engineer for approval in accordance with the General Requirements of the
Detailed Specifications. The Design Engineer will be responsible for the
review and distribution of all submittals. The Consultant shall have the
following responsibilities in regards to Shop and Working Drawings:
• The Consultant shall review (along with the Design Engineer) the schedule
of working drawings prepared and submitted by the Contractors in
accordance with the General Requirements of the Detailed Specifications
49
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
for completeness and to ascertain if the submittal dates support the overall
project schedule.
• The Consultant shall ascertain that key submittal dates from the schedule
of working drawings are incorporated into the baseline CPM schedule.
• The Consultant shall monitor the Contractor's submittal of working drawings
and report on a monthly basis the progress of the submittal process based
on the schedule of working drawings as part of the monthly CPM update
process.
• The Consultant shall monitor the Design Engineer's review period and
report on a monthly basis the average review period as well as any shop
drawings that are outstanding more than 21 days.
• The Consultant shall review the project schedule on a monthly basis and
determine the shop drawings that are required to perform the Work
scheduled for the next 120 days. The Consultant shall ascertain if all
required submittals. have been submitted and approved. The Consultant
shall prepare a report of all outstanding shop drawings required.
• The Consultant shall receive a copy of all working drawings submitted by
the Contractors to the Design Engineer.
• The Consultant shall review the drawings for any field conditions or issues
that may affect the approval of these drawings. The Consultant shall
transmit in writing any comments resulting from this review to the Design
Engineer for incorporation into the Design Engineer's review of the
submittal.
• The Consultant shall assist the Design Engineer in enforcement of the
working drawing submittal procedures contained in the General
Requirements of the Detailed Specifications. Specifically the Consultant
shall assist in enforcing provisions dealing with the incomplete submittal
packages and excessive number of re-submittals.
• The Consultant shall review all shop drawings returned with comments from
the Design Engineer to determine if the comments to the shop drawings will
have a potential schedule or cost impact to the Construction Contracts. The
Consultant shall establish a tracking system for such potential impacts from
50
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
working drawing that involves extra work so that it is properly tracked.
2.11 (b) RFI and Design Clarification Processing
• The Consultant shall be responsible for managing the Requests for
Information and Clarification process, managing the flow of information
between the Design Engineer and the contractors.
• The Consultant shall log and track all Contractor's Requests for
Information. The Consultant shall respond to all Requests for Information
not requiring Design Engineer interpretation of design intent. The
Consultant will forward a copy of its reply to the Design Engineer for
confirmation of the Consultant's response. The Consultant shall forward all
other Requests for Information requiring interpretation of design intent to
the Design Engineer for its response. The Consultant will review all
Requests for Information responses for cost or schedule impact, as well as
technical accuracy, prior to issuing a response.
• The Consultant shall prepare and track Requests for Clarification to resolve
technical questions identified by the Consultant team. The Consultant shall
prepare all Requests for Clarification and forward to the Design Engineer
for review and clarification. The Consultant shall review all Requests for
Clarification's responses for cost and schedule impact.
• The Consultant shall receive from the Design Engineer all Design
Clarifications to be issued to the contractors. The Consultant shall review all
Design Clarifications for cost or schedule impact, as well as technical
accuracy, prior to issuance to the contractors.
• The Consultant shall establish a tracking system for all potential change
orders with number and file for each Requests for Information, Requests for
Clarification, or Design Clarifications that involves extra work so that it is
properly tracked. The Consultant shall also monitor the Design Engineer's
review period for Requests for Information and Requests for Clarification
and report on a monthly basis average turnaround times as well as
Requests for Information and Requests for Clarification outstanding for
more than 14 days.
51
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
TASK 3 -PROJECT OPERATION SUPPORT SERVICES
Consultant may be requested by the City to provide some or all of the following services:
3.1 SUMMARY OF IMPLEMENTATION SCHEDULE DATES
The Consultant shall review various construction schedules, contract completion dates,
details of final plan of operation and prepare an implementation schedule. Major
construction phases and details of facilities under each construction phase shall be
identified with specific dates for progress. Action required under the plan of operation shall
be listed and target dates for each action start and finish shall be included in the schedule of
dates.
3.2 PLAN OF OPERATION
Staffing Plan
The Consultant shall develop a staffing plan for routine operation, scheduled maintenance
and preventive maintenance including job categories, level of skills required, staffing needs,
staff structure and organization, and staff certification requirements for the facilities provided
under the Construction Contracts listed in the General Scope. This work shall be
accomplished by utilizing the following data:
Review of the Facility Plan..
A zero based staffing study of the plant equipment, process and operating location.
Comparison of staffing levels at other centrally supported plants of similar size in other
locations.
Training Plan
The Consultant shall develop a training plan for the vendor training, process systems
training, and safety training for the new facilities provided under the Construction Contracts,
including video taping of training sessions and supervisor and manager training as
described herein:
Vendor training shall be provided by the Contractors under the Construction Contracts. The
Consultant shall coordinate all vendor training. Video taping of training sessions may be
performed by the Consultant for use in future training.
.The Consultant shall review and update the training documentation at the end of the first
52
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
year of operation for use in future training of new personnel.
The Consultant shall obtain or provide a concise description of the design assumptions,
major system components, and a functional description for each of the systems provided
under the Construction Contracts listed in the General Scope.
Supervisors and Manager training shall be provided by the Consultant for the complete
treatment systems, including process monitoring and, control, emergency response
procedures, supervisory techniques, public relations, employee and Union relations, etc.
Safety Training
The Consultant may provide training necessary for its staff to monitor, oversee or otherwise
inspect the work shown in the construction contract documents. The City shall provide any
supplemental Environmental Health and Safety policies and procedures which are unique to
the City or specific to that particular construction project.
Emergency Operations Program
The Consultant may develop a program that addresses emergency operations for the new
facilities provided under the Construction Contracts.
Operation and Maintenance (O&M) Manual and Standard Operating Procedures (SOP)
Provide assistance to the City in preparation of the O&M Manuals and SOPS.
Maintenance Management System and GIS Support Services
Assist the City with their Infrastructure Management Systems (IMS), including the entry
inputting of data furnished by the Contractors and GIS data and features. The Consultant
shall enter input additional data furnished by the City to develop an operating maintenance
management system for items such as maintenance scheduling, inventory control, GIS
support services, etc.
3.3 FIRST YEAR PROJECT PERFORMANCE PERIOD ASSISTANCE
Coordinate and monitor the first year operation.
® Work with the City staff to initiate the events defined in the Plan of Operation and all
process optimization procedures. Advise the City operations staff in the day-to-day
process control activities that will lead to the establishment of a stabilized cost effective
53
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
operation.
• Provide monthly written progress reports detailing the facility operations and problems
encountered, solutions offered, and actions required of the City or other appropriate
parties for all components.
• Attend public meetings, prepare diagnostic evaluation and reports for problems such as
odor complaints, noise, traffic, etc. and develop remedial short-term and long-term
solutions.
• Conduct evaluation of the instrumentation and control system, provide assistance in
debugging the system and/or modifications of the control logic, etc. to assure reliable
and trouble free operation of the instrumentation and control system.
• Provide Follow-up Training of Operating Personnel with general training, including
classroom, instruction and shall incorporate any adjustments in the process resulting
from operational experience.
Updating of Training Material
• Develop updates for the instructional training material for site specific training of on-site
facility personnel.
• Process theory/process control.
• Preventive maintenance/corrective maintenance.
• Mechanical, Electrical, Instrumentation, and HVAC component function and interface.
• Safety.
TASK 4 — SUBCONTRACTED EXPERT SERVICES, LIAISON SERVICES AND OTHER
DIRECT COSTS SUBCONTRACTED EXPERT SERVICES
At the direction of the City, the Consultant may retain with the "Not-to-Exceed Costs" such
other experts or subconsultants as may be required hereunder, in which event the names of
the proposed experts or-subconsultants shall be submitted in writing to the City for the City's
approval before employment of such expert subconsultant. The Consultant shall pay the
designated expert(s)/subconsultant(s) monies commensurate with the professional services
rendered by them.
All experts and subconsultants hired for a Project by the Consultant shall be fully and
completely informed in writing of all terms and conditions of this Agreement relating either
directly or indirectly to the Services to be performed. The Consultant shall stipulate in each
and every subcontract with the expert(s)/subconsultant(s) that all Services performed and
materials furnished hereunder shall strictly comply with the requirements of the subcontract
54
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
as well as this Agreement. The Consultant shall furnish the City with copies of all
subcontracts with such experts and subconsultants.
The Consultant shall provide liaison and support personnel for the City on an as-needed and
as-directed basis. Qualifications of submitted personnel shall be consistent with the
supplementary needs of the City. These services will be reimbursed by the City with
provisions for overhead and fee.
Under this Task, the Consultant may provide the following major services including, but not
limited to:
• Providing professional engineering services to assist City In-House Staff on various in-
house projects and providing specialty manpower support when required.
• Identifying and preparing permit applications and approvals for In-House construction
when directed.
• Completing Fixed Assets survey submittals for In-House managed construction
contracts.
• Submitting Color Flow Diagrams and electronic scans of As-built drawings as directed.
• CPM Analysis.
• Providing personnel to support the Change Order Unit when directed.
• Providing personnel support for the Payment Processing Unit when directed.
• Providing personnel support for the Contract Procurement Unit when directed.
• Providing Environmental, Health and Safety Support.
• Providing clerical support.
• Providing special expertise during all phases of construction.
Under this Agreement, activities or tasks will be quoted as a not-to-exceed sum based on the
estimated hours to complete the task. Detailed hourly rates will be negotiated for all personnel
classifications for the firm.
55
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
SCHEDULE A-1
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
AECOM TECHNICAL SERVICES, INC.
CONSULTANT SERVICE ORDER
Service Order No. for Consulting Services.
TO: AECOM Technical Services, Inc.
800 Douglas Entrance
North Tower, 2nd Floor
Coral Gables, FL 33134
DATE:
Pursuant to the Agreement between the City of Miami Beach and Consultant for
PROFESSIONAL ENGINEERING SERVICES ON AN "AS-NEEDED BASIS", TO PROVIDE
CONSTRUCTION MANAGEMENT SUPPORT FOR RIGHT-OF-WAY CAPITAL
IMPROVEMENT PROJECTS (RFQ 38-11/12) you are directed to provide the following
Services:
SCOPE OF SERVICES:
Per attached proposal dated , to be considered part of this Agreement.
Project Name and No:
Estimated calendar days to complete this work: days
Fee for this Service Order: $
The above fee is a Lump Sum or an Upset Limit (check one).
CIP Project Coordinator Date
CIP Assistant Director Date AECOM Technical Services, Inc. Date
CIP Director Date
56
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
SCHEDULE B
CONSULTANT COMPENSATION
AGREEMENT BETWEEN CITY OF MIAMI BEACH AND AECOM TECHNICAL SERVICES,
INC. FOR PROFESSIONAL ENGINEERING SERVICES ON AN "AS-NEEDED BASIS", TO
PROVIDE CONSTRUCTION MANAGEMENT SUPPORT FOR RIGHT-OF-WAY CAPITAL
IMPROVEMENT PROJECTS
Project Name and No:
Scope of Services:
Note*: These services will be paid lump sum based on percentage of work complete as
identified in the Consultant Service Order.
57
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
SCHEDULE C
HOURLY BILLING RATE SCHEDULE
CATEGORIES Hourly Rates
Project Principal $155.00
Project Manager $125.00
Sr. Construction Manager $115.00
Construction Manager $105.00
Senior Cost Estimator $100.00
Cost Estimator $70.00
Senior Scheduler $95.00
Scheduler $65.00
Sr. Inspector(CEI) $97.00
Inspector(CEI, Field or Construction) $75.00
Structural Special Inspector $105.00
Threshold Inspector $105.00
Senior Civil Engineer $125.00
Civil Engineer $105.00
Senior Electrical Engineer $125.00
Electrical Engineer $105.00
Senior Mechanical Engineer $125.00
Mechanical Engineer $105.00
Senior Structural Engineer $125.00
Structural Engineer $105.00
Senior Environmental.Engineer $105.00
Environmental Engineer $85.00
Environmental Permit Specialist $95.00
Traffic Engineer $105.00
Geotechnical Specialist $105.00
Value Engineering Specialist $125.00
Senior CAD Technician $65.00
CAD Technician $55.00
Senior GIS Specialist $95.00
GIS Specialist $75.00
Horticulturist Specialist(Arborist) $85.00
Public Information Specialist $85.00
Sr. Computer Specialist $90.00
Computer Specialist $65.00
Documents Control Specialist $55.00
Clerical/Admin. $35.00
58
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
SCHEDULE D
INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS.
See Attached
59
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)
SCHEDULE E
BEST VALUE AMENDMENT
The Consultant agrees to abide by all the required documentation of the City's Performance Information
Procurement System and submit the weekly reports.
60
CITY APPROVED ROTATIONAL CONSULTANT(MAY 2012)