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Corzo Castella Carballo Thompson Salman Agreement,~r~dY- a G ~ a3 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. FOR PROFESSIONAL STRUCTURAL ENGINEERING SERVICES FOR THE WASHINGTON AVENUE BRIDGE OVER COLLINS CANAL May 2008 Washington Avenue Bridge May 2008 TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1 DEFINITIONS 2 1.1 City 2 1.2 City Commission 2 1.3 City Manager 2 1.4 Consultant 2 1.5 City Project Coordinator 2 1.6 Basic Services 2 1.7 Project 3 1.7.2 The Project Scope 3 1.8 Force Majeure 3 1.9 Contract Documents 3 1.10 Contract Amendment 3 1.11 Additional Services 4 1.12 Services 4 1.13 Schedule 4 1.14 Scope of Services 4 ARTICLE 2. BASIC SERVICES 5 2.1 Additional Services 6 2.2 Responsibility for Claims and Liabilities 6 2.3 Time 6 ARTICLE 3. THE CITY'S RESPONSIBILITIES ARTICLE 4. ADDITIONAL SERVICES ARTICLE 5. REIMBURSABLE EXPENSES 9 12 13 ~~ Washington Avenue Bridge May 2008 ARTICLE 6. COMPENSATION FOR SERVICES 14 ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS 15 ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS 16 ARTICLE 9. TERMINATION OF AGREEMENT 16 9.1 Termination for Lack of Funds 16 9.2 Termination for Cause 16 9.3 Termination for Convenience 1'7 9.4 Termination by Consultant 1 g 9.5 Implementation of Termination 1 g 9.6 Non-Solicitation 1 g ARTICLE 10. INSURANCE 19 ARTICLE 11. INDEMNIFICATION 20 ARTICLE 12. VENUE 20 ARTICLE 13. LIMITATION OF LIABILITY 21 ARTICLE 14. MISCELLANEOUS PROVISIONS 21 ARTICLE 15. NOTICE 23 SCHEDULES: SCHEDULE A SCOPE OF SERVICES 26 SCHEDULE B CONSULTANT COMPENSATION 35 SCHEDULE C HOURLY BILLING RATE 36 SCHEDULED PROJECT SCHEDULE 3~ iii Washingtc~ Avenue Brtdge i TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. FOR PROFESSIONAL STRUCTURAL ENGINEERING SERVICES FOR THE WASHINGTON AVENUE BRIDGE OVER COLLINS CANAL May 2008 This Agreement made and entered into this Iy~ay of ~, 2008, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A, a Florida corporation having its principal office at 901 Ponce De Leon Boulevard, Suite 900, Coral Gables, Florida, 33134 (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more particularly described in this Agreement and the attached Schedule "A", and wishes to engage the Consultant to provide Professional Structural Engineering Services for the Project at the agreed fees as set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of Professional Structural Engineering Services relative to the Project, as hereinafter set forth. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: 1 Washington Avenue Bridge May 2008 ARTICLE 1. DEFINITIONS 1.1 CITY: 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. 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 designees, including the Project Coordinator, and shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. 1.4 CONSULTANT: The "Consultant" is herein defined as CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A., a Florida corporation having its principal office at 901 Ponce. De Leon Boulevard, Suite 900, Coral Gables, Florida, 33134. When the term "Consultant" is used in this Agreement it shall be deemed to include any sub- consultants and any other person or entity acting under the direction or control of Consultant. Any subconsultants retained by Consultant pursuant to this Agreement and the Project shall be subject to prior written approval of the City. 1.5 CITY PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual appointed 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 the Project, except as otherwise provided herein. 1.6 BASIC SERVICES: "Basic Services" shall include the planning and related professional services relative to the Project, as hereinafter set forth, including: planning, impact analyses, fiscal analyses, transportation, regulation, and growth management, as described in Article 2 herein and in Schedule "A" entitled "Scope of Services" attached 2 Washington Avenue Bridge May 2008 hereto. 1.7 PROJECT: The "Project" shall mean the Washington Avenue Bridge over Collins Canal, as described in Schedule "A" attached hereto. 1.7.1 PROJECT SCOPE: The "Project Scope" shall mean the description of the Project contained in Schedule "A" attached hereto. 1.8 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 and having a substantial impact on the Project; other causes beyond the parties' control; or by any other such causes which the Consultant and the City decide in writing justify the delay; provided, however, that market conditions, labor conditions, and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. 1.9 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement; or a modification of the following: (1) written amendment to this Agreement signed by both parties; or (2) an approved Change Order. 1.10 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written order to the Consultant approved by the City, as specified in this Agreement, and signed by the City's duly authorized representative, authorizing a change in the Project or the method and manner of performance thereof, or an adjustment in .the fees and/or completion dates, as applicable. 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 in amount (or other such amount as maybe 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 shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such Contract Amendment. 3 Washington Avenue Bridge May 2008 1.11 ADDITIONAL SERVICES: "Additional Services" shall mean those services described in Article 4 herein, which have been duly authorized in writing by the City Manager prior to commencement of same. 1.12 SERVICES: "Services" shall mean the services to be performed on the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, and includes other labor and materials, services provided, or to be provided, by Consultant to fulfill its obligations herein. 1.13 SCHEDULE: "Schedule" shall mean the schedules attached to this Agreement and referred to as follows: Schedule A -Scope of Services. Schedule B- Consultant Compensation: The schedule of compensation to the Consultant for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional Services, as submitted by the Consultant and approved by the City. Schedule C -Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates to the Consultant as submitted by the Consultant and approved by the City. Schedule D -Project Schedule. 1.14 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as described in Schedule "A", together with the Basic Services and any Additional Services approved by the City, as described in Articles 2 and 4, respectively herein. 4 Washington Avenue Bridge May 2008 ARTICLE 2. BASIC SERVICES The Consultant shall provide Basic Services for the Project as set forth hereafter. The Consultant's Basic Services shall consist of the Tasks as described in attached Schedule A "Scope of Services". The Services for this Project will be performed by the Consultant upon receipt of a written Notice to Proceed issued by the City Manager, or his designee, and Consultant shall countersign the Notice to Proceed. The Consultant shall coordinate with subconsultants, and conform to all applicable codes and regulations. Consultant, as it relates to its .Services, represents and warrants to the City that it is knowledgeable of codes, rules and regulations applicable in the jurisdictions in which the Project is located, including, local ordinances and codes (City of Miami Beach), Florida Statutes, administrative rules and regulations including, Federal laws, rules and regulations. The Consultant agrees to comply with all such laws, codes, rules, and regulations now in effect, and as may be amended or adopted at any time, and shall further take into account all known pending changes to the foregoing, of which it should reasonably be aware. The Consultant expressly agrees that all of its duties, services and responsibilities under this Agreement shall be performed in accordance with the standard of care normally exercised by recognized professionals for comparable Projects of this nature. In addition, Consultant represents that it is experienced and fully qualified to perform the Services contemplated by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules and regulations to perform such Services. 2.1 ADDITIONAL SERVICES: If required and so approved by the City, Consultant shall provide Additional Services, as noted in attached Schedule "A" entitled "Scope of Services," and in accordance with the requirements of Article 4 hereof. 5 Washington Avenue Bridge May 2008 2.2 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, its employees, subconsultants, and agents for the accuracy and competency of its professional work for the Project; 2.3 TIME: It is understood that time is of the essence in the completion of this Project, and in this respect the parties agree as follows: 2.3.1 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. 2.3.2 The parties agree that the Consultant's Services during all tasks of this Project will be performed in a manner that shall conform with the approved Project Schedule, which is attached to this Agreement as Schedule "D". The Consultant may submit requests for an adjustment to the Project Schedule, made necessary by undue time taken by the City to approve the Consultant's work products, and/or excessive time taken by the City to approve the Services or parts of the Services. The City shall not unreasonably refuse to approve such adjustment(s) to the Project Schedule if the request is made in a timely manner and is justified. 2.3.3 In providing the Services described in this Agreement, the Consultant shall use its best efforts to maintain, on behalf of the City, a constructive, professional, cooperative working relationship with the City Project Coordinator and City staff. 2.3.4 It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner and that it shall be responsible to the City for any failure in its performance except to the extent that acts or omissions by the City or others make such performance impossible. 6 Washington Avenue Bridge May 2008 2.3.5 Consultant agrees that, when the Services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certification of authorization, or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 2.3.6 Consultant's project manager (herein after referred to as "Project Manager") is Manuel A. Solaun. The Project Manager is authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of Services to be provided and performed under this Agreement. 2.3.7 Consultant agrees, within fourteen (14) calendar days of receipt of written notice to do such from City, to promptly remove and replace Project Manager, or any other personnel employed or retained by Consultant, or any subconsultant engaged by Consultant, which request maybe made by City with or without stating its cause. 2.3.8 Consultant herein represents to City that it has expertise in the type of professional services that will be performed pursuant to this Agreement. Consultant agrees that all Services to be provided by Consultant pursuant to this Agreement shall be subject to City's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida. 2.3.9 .Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without City's prior written consent, or unless incident to the proper performance of Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning Services to be rendered by Consultant hereunder, and Consultant shall require its employees, agents, and subconsultants to comply with the provisions of this paragraph. 7 Washington Avenue Bridge May 2008 2.3.10 The City and Consultant acknowledge that the Scope of Services does not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of the performance of the Services contemplated in this Agreement, Consultant determines that work should be performed to complete the Project which is, in the Consultant's opinion, outside the level of effort originally anticipated, whether or not the Scope of Services identifies the work items, Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain said Project Coordinator's written consent, before proceeding with the work. The Project Coordinator must comply with Contract Amendment processing requirements as outlined in Article 1.11, prior to issuance of any written authorization to proceed with Additional Services to Consultant. If Consultant proceeds with additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort, and deemed included as a Basic Service herein, whether or not specifically addressed in the Scope of Services. Notice to the Project Coordinator does not constitute authorization or approval by the City to perform the work. Performance of work by Consultant outside the originally anticipated level of effort without the prior written consent of the City shall be at Consultant's sole risk. 2.3.11 Consultant shall establish and maintain files of documents, letters, reports, plans, etc. pertinent to the Project. Consultant shall provide City with a copy of applicable Project correspondence for City to file in its filing system. In addition, Consultant shall provide electronic Project document files to the City, at the completion of the Project. 2.3.12 It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner. 2.3.13 In the event Consultant is unable to timely complete the Project because of delays resulting from untimely review by City or other governmental authorities. having jurisdiction over the Project, or such delays are caused by factors outside the control of Consultant, Consultant shall provide City with 8 Washington Avenue Badge May 2008 immediate written notice stating the reason for such delay and a revised anticipated schedule of completion. City, upon review of Consultant's submittal and such other documentation as the City may require, may grant a reasonable extension of time for completion of the Project and may provide reasonable compensation, if appropriate. 2.3.14 The Consultant covenants with the City to furnish its Services hereunder properly, in accordance with the standards of its profession and in conformance with applicable codes and other applicable Federal, State and local rules, regulations and laws, of which it should reasonably be aware, throughout the term of this Agreement. The City's participation in the Project in no way relieves the Consultant of its professional duties and responsibilities under applicable law and this Agreement ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City shall designate in writing a Project Coordinator to act as the City's representative with respect to the services to be rendered under this Agreement (herein after referred to as Project Coordinator or City Projector Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define City policies and decisions with respect to Consultant's Services on this Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever, unless approved by ,the City Manager and/or City Commission in compliance with Article 1.11, requirements, including but not limited to the following: a) The Scope of Services to be provided and performed by Consultant hereunder; b) The time the Consultant is obligated to commence and complete all such Services; or c) The amount of compensation the City is obligated or committed to pay Consultant. 9 Washington Avenue Bridge May 2008 3.2 The City shall assist Consultant by placing at Consultant's disposal all information that the City has available pertinent to the Project, including previous reports and any other data relative to Consultant's completion of its responsibilities under the Agreement. Any conclusions or assumptions drawn through examination thereof shall be the sole responsibility of the Consultant. Additional Services required due to inaccurate, incomplete or incorrect information supplied by the City may be undertaken by the Consultant as an Additional Service to this Agreement. Consultant shall notify the Project Coordinator, in writing, in a timely manner and obtain said Project Coordinator's written consent, before proceeding with the work. If Consultant proceeds with the Additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service herein. 3.3 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling services as may be required at any time for the Project, including such auditing services as the City may require to verify the Consultant's applications for payment or to ascertain that Consultant has properly remitted payment due to sub consultants working on this Project for which Consultant has received payment from the City. 3.4 If the City observes or otherwise becomes aware of any nonconformance in the Project, the City shall give prompt written notice thereof to the Consultant. 3.5 The City shall furnish required information and services and render approvals and decisions in writing as reasonably expeditious as necessary for the orderly progress of the Consultant's Services and of the Work. No approvals required by the City during the various phases of the Project shall be unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submissions of Consultant for any reasonable basis. 3.6 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. 10 Washington Avenue Bridge May 2008 3.6.1 The City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement, except when noted otherwise (i.e., where delegated to the City Manager or his designee) in this Agreement. 3.6.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate Consultant. 3.6.3 All required City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment to this Agreement. 3.6.4 The City Commission shall hear appeals from the administrative decision of the City Manager's appointed designee(s), upon the Consultant's written request, in which case the Commission's decision shall be final. 3.6.5 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). 3.7 The City Manager or his designee(s) shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. 3.7.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's Services. The City Manager, in his administrative discretion, may consult with the City Commission 11 Washington Avenue Bridge May 2008 concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 3.7.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided, however, that the Consultant's compensation or other budgets established by this Agreement cannot be increased. 3.7.3 The City Manager, or his designee, shall be the sole representative of the City authorized to issue a Notice to Proceed, as referenced in Article 2 and the attached Schedule "A" entitled "Scope of Services". 3.7.4 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 maybe specified by the City of Miami Beach Purchasing Ordinance, as amended). 3.7.5 The City Manager may, in his 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 his powers, duties and responsibilities under this Agreement. ARTICLE 4. ADDITIONAL SERVICES 4.1 Additional Services for this Project will only be performed by the Consultant following receipt of a written authorization by the City Project Coordinator prior to commencement of same. Such authorization shall contain a description of the Additional Services required; an hourly fee, as provided in Schedule "B" with an "Not to Exceed" amount on additional Reimbursable Expenses (if any); and an amended completion date for the Project (if any). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable, which the Consultant shall not exceed without specific written authorization from the City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services requested by the City and all costs applied to such shall be verifiable through 12 Washington Avenue Bridge time sheet and reimbursable expense reviews. May 2008 4.2 The term "Additional Services" includes services involving the Consultant or any subconsultants whether previously retained for the Services or not, or whether participating as members with Consultant or not. 4.3 Additional Services may consist of the following: 4.3.1 Providing such other professional services -to the City relative to the Project which arises from subsequent circumstances and causes (excluding circumstances and causes resulting from error, inadvertence or omission of the Consultant) which do not currently exist or which are not contemplated by the parties at the time of execution of this Agreement. ARTICLE 5. REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Consultant in the interest of the Project. All Reimbursable Expenses pursuant to this Article, in excess of $500, must be authorized in advance in writing by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City, along with supporting receipts, and other back-up material reasonably requested by the City, and Consultant shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement". 5.2 Expenses subject to reimbursement in accordance with the above procedures may include the following: 5.2.1 Expense of reproduction, postage and handling of drawings, specifications and other documents, excluding reproductions for the office use of the Consultant and sub-consultants. Courier and postage between the Consultant and its sub-consultants are not reimbursable. 13 Washington Avenue Bridge May 2008 5.2.2 Expenses for reproduction and the preparation of graphics for community workshops ARTICLE 6. COMPENSATION FOR SERVICES 6.1 The Consultant shall be compensated the not to exceed fee listed in Schedule "B" for Basic Services. Payments for Basic Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the City's Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed in each Task so that the payments for Basic Services for each Task shall not exceed the progress percentage noted in the Consultant's Progress Schedule, submitted with each invoice. No markup shall be allowed on subcontracted Basic Services. The City and the Consultant agree that the Consultant's fee will be $77,245, as detailed in Schedule "B" for the provision of the Services described in the attached Schedule "A", Scope of Services. 6.2 Additional Services authorized in accordance with Article 4 will be compensated using the hourly rates forth in Schedule "B." Request for payment of Additional Services shall be included with the monthly Basic Services payment request noted in Article 6.1 above. All Additional Services must be approved by the Project Coordinator, in writing, prior to commencement of same, as noted in Article 4. Under no circumstances shall the "Not to Exceed" fee amount noted in Article 6.1 (and Schedule "B") be exceeded without prior written approval from the City Project Coordinator. No markup shall be allowed on subcontracted Additional Services. 6.3 Request for payment of Reimbursable Expenses shall be included with the monthly Basic Services payment request noted in Article 6. Proper backup must be submitted with all reimbursable requests. No markup or administrative charges shall be allowed on Reimbursable Expenses. 14 Washington Avenue Bridge 6.4 The City and the Consultant agree that: May 2008 6.4.1 If the scope of the Project or the Consultant's Services is changed substantially and materially, the amount of compensation may be equitably adjusted by mutual agreement of the parties. 6.5 No retainage shall be made from the Consultant's compensation on account of sums withheld from payments to Contractors. 6.6 Method of Billing and Payment. With respect to all Services, Consultant shall submit billings on a monthly basis in a timely manner. These billings shall identify the nature of the work performed; the total hours of work performed by employee category and the respective hourly billing rate associated with the employee category from the Hourly Rate Schedule. In the event subconsultant work is accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings shall also itemize and summarize Reimbursable Expenses by category. Where written approval of the City is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such Reimbursable. When requested, Consultant shall provide backup for past and current invoices that records hours for all Services by employee category and reimbursable by category. 6.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of Consultant's proper statement. 6.8 Final payment of the Consultant upon Project completion must be approved by the City Manager. ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS 7.1 Consultant shall keep such records and accounts and require any and all subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project, and any 15 Washington Avenue Bridge May 2008 expenses for which Consultant expects to be reimbursed. All books and records relative to the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes. ARTICLE 8.OWNERSHIP AND USE OF DOCUMENTS 8.1 Electronic files of all documents, including, but not limited to, tracings, drawings, estimates, and studies completed or partially completed, shall become the property of the City upon completion, termination, or abandonment of the Project. Consultant shall deliver the above documents to the City within thirty (30) days of completion of the Project, or termination of this Agreement, or termination or abandonment of the Project. (Reference attached Schedule "A", entitled "Scope of Services", for additional requirements). 8.2 Any re-use of documents by City without written verification or adaptation by Consultant for the specific purpose intended will be without liability to Consultant. 8.3 Consultant shall have the right to utilize such documents in the course of marketing, professional presentations, and for other business purposes. ARTICLE 9. TERMINATION OF AGREEMENT 9.1 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 for the Project, the Project maybe abandoned or terminated, and the City may cancel this Agreement as provided for herein without further liability to the City. 16 Washington Avenue Bridge May 2008 9.2 Termination For Cause. The City may terminate this Agreement for cause in the event that the Consultant (1) violates any provisions of this Agreement or performs same in bad faith or (2) unreasonably delays the performance of the Services or does not perform the Services in a timely and satisfactory manner, upon written notice to the Consultant. In the case of termination by the City for cause, the Consultant shall be first granted a thirty (30) day cure period after receipt of written notice from the City. 9.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant(s) or otherwise. 9.2.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination, shall be made in accordance with Article 6 herein and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 6. 9.2.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, correspondence, and all other relevant materials affected by such termination. 9.2.4 In the event of a termination for cause, no payments to the Consultant shall be made for Services not satisfactorily performed. Consultant shall be compensated for all other Services rendered up to the time of receipt of said written termination. 9.3 Termination For Convenience. The City, in addition to the rights and options to Terminate for Cause, as set forth herein, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement, at its sole option, at any time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon notice to Consultant, in writing, thirty (30) days prior to termination. In the event City terminates Consultant's services 17 Washington Avenue Bridge May 2008 for its convenience, as provided herein, Consultant shall be compensated for all Services rendered up to the time of receipt of said written termination notice, and for the assembly and submittal to the City of documents for the Services performed, in accordance with Article 6 herein, and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 6. 9.4 Termination By Consultant. The Consultant may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement, fails to timely perform its responsibilities under this Agreement as established in Schedule "A", Scope of Services, or unreasonably delays payment for the Services, upon written notice to the City, thirty (30) days prior to termination. In that event, payment for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination shall be made in accordance with Article 6 herein. In the case of termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt of written notice from the Consultant. 9.4.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 9.5 Implementation of Termination. In the event of termination, either for cause or for convenience, the Consultant, upon receipt of the Notice of Termination, shall (1) stop the performance of Services under this Agreement on the date and to the extent specified in the Notice of Termination; (2) place no further orders or subcontracts except for any that may be authorized, in writing, by the City Project Coordinator, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the Services performed, including drawings, calculations, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice Of Termination, And- As Specifically Set Forth Therein. 18 Washington Avenue Bridge May 2008 9.6 Non Solicitation. The Consultant warrants that it has not employed or retained any company or person, other than an employee working solely for the Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the Consultant for any reason whatsoever. ARTICLE 10. INSURANCE 10.1 The Consultant shall comply throughout the term of this Agreement with the insurance requirements stipulated herein. It is agreed by the parties that the Consultant shall not commence with work on this Project until satisfactory proof of the following insurance coverage has been furnished to the City. The Consultant will maintain in effect the following insurance coverage: (a) Professional Liability Insurance in the amount of One Million ($1,000,000.00) Dollars per occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant shall notify City in writing within thirty (30) days of any claims filed or made against the Professional Liability Insurance Policy. (b) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverage. The City must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage if required under Florida law. 10.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage, to the Project Coordinator. 19 Washington Avenue Bridge May 2008 10.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book and must additionally be furnished by insurance companies duly authorized to do business in the State of Florida and countersigned by the company's Florida resident agent. 10.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance policies required above. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that the City shall be given thirty (30) days notice prior to expiration or cancellation of the policy. ARTICLE 11. INDEMNIFICATION Consultant herein agrees to indemnify and hold harmless the City, and its officer and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of the Agreement. This Article 11, and Consultant's indemnification contained herein, shall survive the termination and expiration of the Agreement. ARTICLE 12. VENUE 12.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. 12.2 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, if in federal court. BY ENTERING INTO THIS AGREEMENT, 20 Washington Avenue Bridge May 2008 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. ARTICLE 13. LIMITATION OF LIABILITY 13.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the amount of the fees for Services agreed upon under the terms of the Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of the fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actually paid by the City to the Consultant. 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 in excess of the amount of fees due under this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph 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 14. MISCELLANEOUS PROVISIONS 14.1 The laws of the State of Florida shall govern this Agreement. 14.2 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, religion, sex, age, national origin, disability or sexual 21 Washington Avenue Bridge May 2008 orientation and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to sexual orientation, race, color, religion, sex, age, national origin, or disability. 14.3 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 any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bids or 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. Violation of this Section by Consultant shall result in cancellation and may result in Consultants debarment. 14.4 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 provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee; commission, percentage, gift, or consideration. 14.5 The Consultant represents that it has made and will make reasonable investigation of all subconsultants to be utilized in the performance of work under this Agreement to determine that they possess the skill, knowledge and experience necessary to enable them to perform the services required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for the performance of the work under this Agreement. 22 Washington Avenue Bridge May 2008 14.6 The Consultant, its consultants, agents and employees and subconsultants, shall comply with all applicable Federal, State and County laws, the Charter, related laws and ordinances of the City of Miami Beach, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies as they relate to this Project. 14.7 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of City. 14.8 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 contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE 15. NOTICE 15.1 All written notices given to City by Consultant shall be addressed to: Fred H. Beckmann Director of Public Works City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 23 Washington Avenue Bridge With a copy to: Gus Lopez Procurement Director City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 All written notices given to the Consultant from the City shall be addressed to: Robert T. Carballo, P.E. President and CEO Corzo Castella Carballo Thompson Salman, P.A. a.k.a C3TS 901 Ponce De Leon Boulevard, Suite 900 Coral Gables, Florida 33134 May 2008 All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. 24 Washington Avenue Bridge May 2008 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. For CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA City Clerk Robert Parcher B} Print Name Saul Gross Vice-Mayor CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. T. tr42~A,Cta Print Name gpPROVED AS TO FORM & LANGUAGE ~ FO EXECUTION •2 ©~ Attorney ~ 2s For CONSULTANT: A•r-r~e•r• Washington Avenue Bridge May 2008 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CORZO CASTELLA CARBALLO THOMPSON SALMAN. P.A SCOPE OF SERVICES See attached: Work Order Proposal, Dated May 20, 2008 26 C3TS WORK ORDER PROPOSAL CITY OF MIAMI BEACH WASHINGTON AVENUE BRIDGE REPAIRS & CONSTRUCTION ENGINEERING SERVICES (Rehabilitation of Bridge No. 876705 Washington Avenue over the Collins Canal) May 20, 2008 Corzo Castella Carballo Thompson Salman, P.A. (C3TS) (hereinafter referred to as the "C3TS") proposes to provide services identified below for the Project entitled, "WASHINGTON AVENUE BRIDGE REPAIRS", in support of Team Contracting (TEAM) currently under contract with the City of Miami-Beach for miscellaneous repairs associated with the above structure. I. GENERAL This proposal is submitted in response to the request by the City of Miami Beach of Team Contracting to engage an FDOT certified Bridge Design firm in conducting professional engineering services for the emergency repairs associated with Bridge No. 876705 "Washington Avenue over Collins Canal". This Structure constructed in 1937 consists of a reinforced concrete arch supported on reinforced concrete pile caps and timber piling. On January 14, 2008 the Florida Department of Transportation issued a "NOTICE OF BRIDGE CLOSURE" due to sever deterioration of the concrete arch and the results of a load rating completed on January 10, 2008. The purpose of this PROPOSAL is to describe the scope of work and the responsibilities of C3TS, Team Contracting and the CITY for the above referenced project. Bridge No. 876705 is located along Washington Avenue, between Dade Boulevard and Canal Court, and crosses over the Collins Canal. The bridge structure consists of a concrete arch with a span length of 50'- 4". The bridge carries five travel lanes (undivided roadway) and sidewalks on either side for a total width of approximately 75'-0". On April 11, 2008 C3TS completed a Bridge Rehabilitation Report that evaluates the suitability of the bridge structure to be repaired and outlines the required repairs. II. SCOPE OF WORK The general objective is for the CONSULTANT to provide design and construction engineering inspection services under this work order proposal. C3TS will provide Engineering Services in accordance with the following Scope of Work: A. Task 1 -Kickoff and Progress Meetings C3TS will conduct a Project Kickoff meeting at the beginning of the Project with the CITY, Team Contracting and sub consultants and other interested stakeholders. In addition C3TS will attend up to two (2) additional progress/coordination meetings during the project duration. C3TS will generate and distribute copies of minutes of said meetings. This task also includes initial contract file setup and maintenance throughout the Project. B. Task 2 -Data Collection and Review Not Applicable. These services were provided with the initial Bridge Inspection Report. C. Task 3 -Site Visits C3TS will conduct a site visit during the design phase of the project prior to the completion of the repair plans for review purposes with Contractor and City. CITY OF MIAMI BEACH WASHINGTON AVENUE BRIDGE REPAIR 5/23/2008 A- l C3T5 D. Task 4 -Surveying Services All dimensions for repair areas will be based on existing bridge plans. Team Contracting is to verify bridge dimensions reflected in provided plans. Retaining the services of a Professional Surveyor and Mapper is not anticipated at this time. E. Task 5 -Utility Coordination Team Contracting is to obtain available, existing utility information from the City and utility companies present. It is not anticipated that utilities will be impacted by the required repairs. F. Task 6 - Geotechnical/Material Services Not Applicable. These services were provided with the initial Bridge Inspection Report. G. Task 7 -Engineering Structural Analysis and Report C3TS will prepare any necessary final design analysis and computations in support of the development of the final repair plans. C3TS will investigate appropriate repair methods and provide recommendations to the CITY for approval prior to the preparation of the plans. This will include structural analysis of the original design, interim repair, and repaired structure as necessary to document the final design. H. Task 8 -Roadway Plans It is not anticipated that a set of Roadway Plans will be developed for this phase. I. Task 9 -Bridge Plans C3TS will prepare a set of Bridge Repair Plans. Preparation of the Bridge Repair Plans shall include the removal and replacement concrete spall areas and crack injection of the cracking along the deck, arch and abutments. A new. penetrant sealer coating will be provided to all exterior exposed concrete surfaces of the arch. Any replacement of bridge components will be designed to maintain a similar appearance to the existing bridge to maintain its Historic Significance. J. Task 10 -Specification Package NA -This is a JOB ORDER CONTRACTING Assignment with not required bidding or specifications package. Any required information shall be reflected on the drawings. K. Task 11-Public Involvement Services All Public Involvement Services are to be handled by the City. CITY OF MIAMI BEACH WASHINGTON AVENUE BRIDGE REPAIR 5/23/2008 A-2 C3TS L. Task 12-Permitting C3TS will coordinate permit applications with US Coast Guard and Miami-Dade DERM for Class I Coastal Construction Permit and prepare required exhibits to obtain permit approval. The coordination for the DERM Class I permit will include coordination with FDEP for verification of Sovereign Submerged Lands (TIFFT) documentation. Coordination with ACOE will also be done. These services do not include any environmental and/or biological studies required per the permit agencies. Coordination is assumed to be minimal with initial contact letters provided to the agencies with the assumption that waivers can be obtained. Any cost associated with permits shall be paid by the City directly. M. Task 13 -Engineering Estimate and Bidding Assistance NA -This is a JOB ORDER CONTRACTING Assignment with not required bidding. N. Task 14 -Post Design/Construction These services are intended to provide Construction Assistance including roadway and structural shop drawing reviews and RFI's which will be required to satisfactorily complete construction. These services are intended to deal with changed conditions and are not intended for CONSULTANT errors and/or omissions. C3TS will provide construction assistance services at the time of need. Services may include, but are not limited to: Engineering Assistance, Review of Shop Drawings and RFI's. C3TS will provide to the CITY qualified representation during the construction phase to deal with issues concerning the intent and interpretation of the construction contract plans and documents prepared for the work. Should changed conditions be encountered in the field, and when requested by the CITY, C3TS will respond in a timely manner with suitable engineering solutions which adequately reflect and respond to the changed conditions. C3TS will be required to provide construction shop drawing review for all components supplied by the contractor requiring shop drawings. This review shall verify the conformance of shop drawings with design drawings. C3TS will review and process shop drawing submittals within seven (7) calendar days of their receipt. Upon completion of the shop drawing review, C3TS will forward the shop drawing package to the CITY's Review Office. Up to three (3) on-site visits by the CONSULTANT shall be made during construction at the written request of the CITY. At the end of construction a final site inspection of the bridge and corresponding certification of the repair will be provided. In addition C3TS will provide limited Construction Engineering Inspection Services during the construction phase of the project. These services anticipate an average of three (3) site visits per week with an estimated construction duration of twelve (12) weeks for a total of 36 site visits. CITY OF MIAMI BEACH WASHINGTON AVENUE BRIDGE REPAIR 5/23/2008 A-3 C3TS O. CONTINGENCY -ADDITIONAL SERVICES A CONTINGENCY budget for additional services has not been established for this project. P. DATA TO BE PROVIDED BY CITY The following data shall be provided by CITY to C3TS for preparation of this proposal: o Copy of existing plans, latest bridge inspection reports, copy of past reports (if any) of previous work. o The CITY will provide copies of any available CADD files indicating existing roadway geometry, bridge features, surveys, right-of--way maps, etc., which may be required for the development of plans Q. SERVICES TO BE PROVIDED BY CITY o Review of draft deliverables and final reports, plans and specifications. o Attend progress meetings. o Receive complete permit packages and forward permit packages and all applicable fees to the appropriate agencies. o Payment of all applicable Permit Fees. o Preparation and execution of Public Involvement Program. III. SUBCONSULTANTS Sub-Consultant Services are not anticipated for the proposed work. IV. SCHEDULE OF WORK -TIME OF PERFORMANCE The tune frame for the completion of design and construction engineering services is approximately 16 weeks from the date of the notice to proceed. This work is directly tied to the work being performed by Team Contracting with the various phases worked on simultaneously in a design build manner. The initial construction plan development will take approximately 2 weeks. The following two weeks will be for a response from the permitting agencies. The remainder of the time will be dedicated to the construction engineering inspections (CEI); however CEI services are anticipated from the commencement of the contract due to the contractors demolition and initial work sequences. CITY OF MIAMI BEACH WASHINGTON AVENUE BRIDGE REPAIR 5/23/2008 A-4 Washington Avenue Bridge May 2008 SCHEDULE B PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A CONSULTANT COMPENSATION See attached: Compensation 27 C3TS V. COMPENSATION Consultant shall perform the Work detailed in this Proposal (Tasks 1 -12) for a Lump Sum Fee of Thirty-five thousand nine hundred eighty-five dollars and zero cents ($35,985.00). An additional amount consisting of Forty- one thousand two hundred sixty dollars and zero cents ($41,260.00) has been established to address Task 14. The total contract amount is Seventy-Seven thousand two hundred forty-five dollars and zero cents ($77,245.00). The City will be invoiced monthly for the percent complete, based on the hourly billing rates in accordance with the table listed below. C3TS will submit monthly invoices, substantiated by written monthly status reports reflecting the percentage complete of each task. TABLE A -SUMMARY OF COMPENSATION Task or # Ma'or Task Name and/or Activi Descri tion Fee Amount Fee Basis 1 Kiclco and Pro ress Meetin s $ 5, 760.00 Lum Sum 2 Data Collection and Review $ 0.00 Lum Sum 3 Site Visits $ 1,300.00 Lum Sum 4 Surveying Services $ 0.00 Lump Sum Reimbursable 5 Utilit Coordination $ 0.00 Lum Sum 6 Geotechnical/Material Services $ 0.00 Lump Sum Reimbursable 7 Era ineerin Re ort $1 D, 610.00 Lum Sum 8 Roadwa Plans $ 0.00 Lum Sum 9 Brid e Plans $14, 730.00 Lum Sum 10 S eci acation Packa e $ 0.00 Lum Sum 11 Public Involvement Services B Others Lum Sum 12 Permittin $ 3,585.00 Lum Sum Sub-Total Basic Services $35,985.00 Lum Sum Services 13 En ineerin Estimate & Biddin Assistance $ 0.00 Not to Exceed 14 Post Desi n/Construction/CEI $41,245.00 Not to Exceed Allowance or Contin encies $ D.00 Not to Exceed Allowance or Reimbursable Ex enses $ 0.00 Not to Exceed Sub-Total Limitin Amount Items $41,260.00 Limitin Amount Contract Total Amount $77,245.00 Lump Sum + Limiting CITY OF MIAMI BEACH WASHINGTON AVENUE BRIDGE REPAIR 5/23/2008 A-5 C3TS Compensation for Basic Services will be invoiced on a monthly basis based on the percentage complete of each phase. Phases have been established as follows: Phase I -Preliminary Engineering (Tasks 1 through 7 referenced above) Phase II -Development of Roadway and Bridge Plans (Tasks 8 and 9 referenced above) Phase III -Final Engineering (Tasks 10 and 11 referenced above) Phase IV -Bidding and Award of Construction Contract (Task 13 referenced above) - N/A Phase V -Post Design Services (Task 14 referenced above) PROJECT MANAGER CONSULTANT'S Chief Engineer for this Work Order assignment will be Mr. Manuel A. Solaun, PE CITY OF MIAMI BEACH WASHINGTON AVENUE BRIDGE REPAIR 5/23/2008 A-6 Washington Avenue Bridge May 2008 SCHEDULE C PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A HOURLY BILLING RATE See attached: Professional Services Hourly Rate Fee Schedule 28 C3TS Table B -Professional Services Hourly Rate Fee Schedule Principal ..................................................... ..............$225.00 per hour Chief Engineer ............................................. .............. $190.00 per hour Project Manager ............................................ ..............$180.00 per hour Senior Project Engineer ................................... ...............$155.00 per hour Project Engineer ............................................ ..............$135.00 per hour Designer ..................................................... .............. $115.00 per hour Senior Technicians ......................................... ..............$ 90.00 per hour T:\MANAGEMENT\Contracts\Miami Beach BridgeslWashington Avenue Bridge\Revised Estimate to Team Contracting\SCOPE OF SERVICES and Propsal for Washington Ave Bridge Repair and CEI -Revised 022008.doc CITY OF MIAMI BEACH WASHINGTON AVENUE BRIDGE REPAIR 5/23/2008 A-7 Washington Avenue Bridge May 2008 SCHEDULE D PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A PROJECT SCHEDULE See attached: Schedule of Work- Time of Performance 29 p~ O O m N A N O . ~ d E m r~ O C Oi _ N ~~ ~~ O N Q ~~ ~ N - D n . ~ e OI N_ m N ~ N m V • e ~ 0 O f E w m ~A o m~ . v `'° v ~ ~ m >m QE ~~ m ~" m .... o v~ .... ... .. ,... .., .. ...... .. ... .. .,. ... ~ ~ a - ~ o r 3 E ~ N !!~ LL °p mE ~ o o ~ o ~° o '.o o Q `O a0 0 o e o 0 0 ~ o a O N N ~ o N ` N N m a ~ ~ ~ N m T N N N N 1~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ m W ~ ~ ~ T OI ~? LL F 3 3 3 ~ ~ ~ 11 LL ; F F ~ 3 T'. ILL IL IL E o N d ~ °°.. E~ o o _ a. ~ Q... m m m m m p p mm m m Q m a0m O H \ N N O~ \ O T N a l~ ~ O N a a a N N OgNI m ~ m m ~ ~ m v ? ~ m ~ ~ n n ~ ~ fO `~ m m 3i y y N H r o a T T T ~ r T r a v v a y ° o a v a a O O p O H ~ N ~ ~ ' O m N O N ` ~ N N O m m m O ~ x C N C A a E a LL `o m ~ ~ ° ~ o y a ~ ~ c 3 ~ ~ U ~ ~~ m n 3 a LL 9 ¢ cg `o o " w n a' K E '~$ `w ° ~ c m `o ~ m ~ m m c ~ ~ $ 3dd ~ y f m --O• ~ m E d n ~ .E m a ~~ a E 2 d c7 U N t ~ ,~ ~ ~ U € e .. ~ m° m o ~ a - E Y ~ m ~ c ? m > ~ ~ ~ m ~ d S `o v p x N 'o U - ip 'E ~ ~~ c m t o $ d O N O ~ A A ~ - q ~ m O O O d d ~ ~ ~ ~ ~ E 3 ~ c c m E ~ a v' o' ~ ~ `-$ ~ a O w a [g in ~ ¢ K E U ~ ~ .5 a U U a c~ ¢ K m `m N ~ c w i Q' C ~ H O I 3 IL ~ ~ N th Y m M V N m O~ I SIN d ~ ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID C3TS-O1 DATE (MM/DD/YYYl~ 06 03 08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Combined Underwriters of Miami HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ite 408 S 2 T ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. u err, 8240 N.W. 5 Miami FL 33166 Phone :305-477-0444 Fax :305-599-2343 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: aLRTHOAO FxA>e ZNSOIt11NC& co. CARBALLO CORZO CASTELLA INSURER B: zmuCft re~nxcnrt na30a11NCE CO. , C3TSPuON SALMAN, P.A. INSURER C: z'IwviTT 44Q IDIDEDlRITY COMPANY 134D~ #900 ES FL03 B C OR L~ INSURER D: Coirritr>a~mnr. CASauihr caaesxxr 3 L A G o INSURER E: SCOTTSDALE INSURANCE CO . ~.vvcrwuw THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MNUDD LIMITS GENERAL LUI6RITY EACH OCCURRENCE $ 1 , OOO , OOO A ][ COMMERCIALGENERAILIABILITY PPS 41235574 09/22/07 09/22/08 PREMISES (Eaoaxirence) $300x000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 1 O , OOO X $500 BI & PD DED PERSONAL & ADV INJURY $ 1 , OOO , OOO C PER CLAIM >~noxMeNr PRACTICRS LIAB 10/16/07 10/16/08 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1 , OOO , OOO ]( POLICY PRO LOC JECT EMPL PRAC 1, OOO, OOO AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Par person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per aocident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ 4 , OOO , OOO A X OCCUR ~ CLAIMSMADE PPS41235574 09/22/07 09/22/08 AGGREGATE $ 4,000,000 $ DEDUCTIBLE $ RETENTION $ O $ WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS'LIABILITY WC6551288 01/01/08 01/01/09 E.L. EACH ACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 000000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1000000 OTHER D PROFFESSIONAL LIAB 28-824-96-56 08/26/07 08/26/08 PER OCC. 1,000,000 (RETRO 8/26/88) DED. 75,000 AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS E. PROPERTY- TOTAL INSURED VALUE: $487,300, SPECIAL, 90$ CO-INSURANCE, $1,000 ALL OTHER PERIL DEDUCTIBLE INCLUDES WIND AT VARIOUS DEDUCTIBLES FT. LAUDERDALE WIND IS THROUGH THE ICAT PROGRAM REF: CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED /+COTICIf`ATC YAI I1C0 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATK)N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY OF MIAMI BEACH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR 1700 CONVENTION CENTER MIAMI BEACH FL 33139 REPRESENTArnE3. ALIT D REPRESENT ACORD 25 (2001/08) - cv wcvl<u rrvrcrvlcw I Ivn -lyaa