07-22-08 Item 8South Miami
CITY OF SOUTH MIAMI Al-Ainedca CRY
INTER - OFFICE MEMORANDUM 1 I r
2001
To: Honorable Mayor Feliu, and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Cesar Garcia, Director
Parks & Recreation Department
Date: June 25, 2008 Agenda Item No.:
Subject: Approval of Professional Service Work Order
RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE CITY MANAGER TO ISSUE A WORK ORDER TO MC
HARRY & ASSOCIATES (MCH) FOR MASTER PLANNING
AND CONCEPTUAL DESIGN OF THE PROPOSED
RECREATIONAL BUILDING FOR THE CITY'S SOUTH MIAMI
PARK IN AN AMOUNT OF $30,432.00 TO BE CHARGED TO
ACCOUNT NUMBER 001 - 2100 -519 -3457; PROVIDING FOR AN
EFFECTIVE DATE.
REQUEST: Authorizing the City Manager to approve professional service work order for Master
Planning Services of the proposed recreational building for the City's South Miami
Park.
REASON / NEED: Since the purchase of South Miami Park, The City of South Miami has noticed that
the current programs and activities have outgrown the support facilities available to
park patrons. In our continued effort to properly plan South Miami Park; we have
secured a proposal from MC Harry & Associates (MCH) to continue with the
second phase of the project. Phase two of the project focuses primarily on the
building that will provide adequate toilet facilities, concession areas, and necessary
office space. It is our intent to "piggyback" on the attached Professional Service
Agreement between Town of Miami Lakes and MCH.
COST: $30,432.00
FUNDING SOURCE: Account Number 001 - 2100 -519 -3457 with current balance of $ 39,761.50.
Backup Documentation: D Proposed Resolution
Resolution Number 211 -07 -12596
Professional Service Agreement between Town of Miami
Lakes & MC Harry & Associates.
MC Harry & Associates Work Order for Professional Services
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RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ISSUE A WORK ORDER TO MC HARRY
& ASSOCIATES (MCH) FOR M ASTER PLANNING AND
CONCEPTUAL DESIGN OF THE PROPOSED RECREATIONAL
BUILDING FOR THE CITY'S SOUTH MIAMI PARK IN AN
AMOUNT OF $30,432.00 TO BE CHARGED TO ACCOUNT
NUMBER 001 - 2100 -519 -3457; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, The Mayor and City Commission wish to complete the Master Plan process for South
Miami Park; and
WHEREAS, The Mayor and City Commission wish to secure the services of MCH for
professional services for the preparation of Phase 2 of Master Plan for South Miami Park; and
WHEREAS, MCH will complete the services not covered by services approved by Resolution
Number 211 -07- 12596; and
WHEREAS, the professional service will be funded through the City's account number 001 -2100-
519 -3457 with a current balance of $ 39,761.50.
NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY OF
SOUTH MIAMI COMMISSION THAT:
Section 1. The Mayor and City Commission authorize the City Manager to execute a
professional service work order with MCH in an amount of $30,432.00 for the
preparation of Phase 2 of the Master Plan of South Miami Park.
Section 2. The professional service will be funded through the City's account number
001- 2100 -519 -3457 with a current balance of $ 39,761.50.
Section 3. The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2008.
APPROVED:
1IR $.I-
Commission Vote:
Mayor: Horace G. Feliu
Vice Mayor: Brian D. Beasley
Commissioner: Randy G. Wiscombe
Commissioner: Jay Beckman
Commissioner: Velma Palmer
RESOLUTION NO.: 211 -07 -1 2596
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER
TO MC HARRY & ASSOCIATES (MCH) FOR PROFESSIONAL
ARCH ITECTURAUENGINEERING MASTER PLANNING SERVICES FOR THE CITY'S
SOUTH MIAMI (YMCA) PARK IN AN AMOUNT OF $49,386 TO BE CHARGED TO
ACCOUNT NUMBER 001 - 2100 - 519 -3457; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission wishes to provide much needed Master Plan for the
City's South Miami Park; and
WHEREAS, the Mayor and City Commission wishes to secure the services of MCH ' for
professional services for the preparation of Master Plan for the South Miami Park; and
WHEREAS, the professional service will be funded through the City's account number 001 -2100-
519 -3457 with current account balance of $90,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission authorizes the City Manager to execute a professional service
work order with MCH in an amount of $49,386.00 for the preparation of Master Plan for the South Miami
Park.
Section 2: The professional service will be funded through the City's account number 001 -2100-
519 -3457 with current account balance of $90,000.
Section 3: The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this � day of , 2007.
Vol - s
RE VED AS ORM
CITY ORNEY
Include File Name and Path
APPROVED:
i4� C(-, A,
MAYOR
COMMISSION VOTE: 5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner`Birts:
Yea
Commissioner Beckman:
Yea
South Miami
All- AmericaMW
- CITY OF SOUTH MIAMI 1111.
INCORPORATED
C o Rto P OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: W. Ajibola Balogun, REM, CFEA, Director �J
Public Works & Engineering Department
Date: December 18, 2007 Agenda Item No.:
Subject: Approval of Professional Service Work Order.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A
WORK ORDER TO MC HARRY & ASSOCIATES (MCH) FOR PROFESSIONAL
ARCHITECTURAL /ENGINEERING MASTER PLANNING SERVICES FOR THE
CITY'S SOUTH MIAMI (YMCA) PARK IN AN AMOUNT OF $49,386 TO BE
CHARGED TO ACCOUNT NUMBER 001 - 2100 - 519 -3457; PROVIDING FOR AN
EFFECTIVE DATE
Request: Authorizing the City Manager to approve professional service work order for
Master Planning Services for the City's South Miami (YMCA) Park.
Reason/Need: In our continue effort to properly plan our parks, we have secured
proposal from MC Harry & Associates to provide a Master Plan for the
South Miami Park. The intent of the master plan is to consolidate the
active sports park developmental interests of the City to those of the
surrounding neighborhood, the YMCA and all our partners (service
contractors) currently providing services at the park. During this master
planning process, it is our intent to conduct workshops that would include
residents, Parks & Recreation Board members; Parks & Recreation
Department's staff; other City Departments; City's Boards and the City
Commission. To secure the services of MCH, it is our intent to
"piggyback" on the attached Professional Service Agreement between
Town of Miami Lakes and MCH.
Cost: $49,386.00
Funding Source: Account number 001 - 2100 - 519 -3457 with current account balance of
$90,000.
Backup Documentation:
❑ Proposed Resolution
❑ MC Harry & Associates' Work Order for Professional Services
❑ Professional Service Agreement between Town of Miami Lakes & MC
Harry & Associates.
PROFESSIONAL SERVICES
AGREEMENT
Between
TOWN OF MIAMI LAKES, FLORIDA
And
M.C. HARRY AND ASSOCIATES, INC.
PROFESSIONAL SERVICES
AGREEMENT
Between
TOWN OF MIAMI LAKES, FLORIDA
And
M.C. HARRY AND ASSOCIATES, INC.
THIS AGREEMENT is made between the TOWN OF MIAMI LAKES, FLORIDA, a
Florida municipal corporation, (hereinafter referred to as the "TOWN ") and M.C. HARRY AND
ASSOCIATES, INC., a Florida corporation authorized to do business in the State of Florida,
(hereinafter referred to as the "CONSULTANT "), whose principal place of business is 2780
S.W. Douglas Road, Suite 302, Miami, Florida 33133.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the TOWN requested
qualifications from qualified architects and selected the CONSULTANT to provide architectural
services; and
WHEREAS, the CONSULTANT is willing and able to perform such professional,
services for the TOWN within the basic terms and conditions set forth in this agreement
(hereinafter referred to as "Continuing Services Agreement or Agreement "); and
WHEREAS, the purpose of this Continuing Services Agreement is not to authorize the
CONSULTANT to perform a Specific Project, but to set forth certain terms and conditions
which shall be incorporated into subsequent supplemental agreements for Specific Projects or
services when required.
NOW THEREFORE, in consideration of the mutual terms, conditions, promises and
covenants set forth below, the TOWN and CONSULTANT agree as follows:
SECTION 1. DEFINITIONS
The following definitions and references are given for the purpose of interpreting the
terms as used in this Agreement and apply unless the context indicates a different meaning:
1.1 Compensation: The total amount paid by the TOWN for the CONSULTANT'S
professional services for a specific project, exclusive of reimbursable expenses.
1.2 Reimbursable Costs /Services: are the direct non -salary expenses authorized by
the TOWN in writing and directly attributable to the Project. Reimbursable expenses include
long - distance communications, application and permit fees paid for securing approval of
authorities having jurisdiction over the Specific Project; actual cost of reproduction, printing,
binding and photocopying of drawings, specifications, renderings and other documents; postage;
travel expenses; and subconsultant's fees.
1.3 Specific Project Amement or Proiect Agreement: an agreement to provide
services for a particular Project.
1.4 Subconsultant Fee: the direct and actual cost of the Subconsultant with a limited
markup of 10 %, as reflected by actual invoices of the Subconsultant; provided, however, that
such Subconsultant Fees shall not apply to any subconsultant included within the lump sum fee
for any Specific Project.
1.5 Travel Expenses: authorized travel and lodging and meals incurred directly for
the Specific Project for travel outside of Miami -Dade County (subject to the limitations imposed
by Chapter 112.601, Florida Statutes and the Town's per diem regulations). No overnight travel
or out -of -town travel outside of Miami -Dade County shall be reimbursed unless the
CONSULTANT has secured advance written authorization for such travel from the Town
Manager. Reimbursement for such authorized travel expenses shall be at the rates provided for
in Chapter 112, Florida Statutes, as may be amended from time to time, which rates shall by
reference be made a part of this Agreement as though set forth in full.
SECTION 2. SPECIFIC PROJECTS /SCOPE OF SERVICES
2.1 In accordance with the Consultants' Competitive Negotiation Act, the
CONSULTANT may provide professional services to the TOWN for Specific Projects as
authorized from time to time by either the Town Council or Town Manager as authorized by
subsection. 2.6. The CONSULTANT shall be required to plan, design, permit, manage and
provide inspection services for the following architectural projects in the TOWN:
a. Community Center at Royal Oaks Park; and
b. Miscellaneous Projects at the direction of the Town Manager
or the Town Council.
The TOWN may elect to have the CONSULTANT provide any and all levels of
architectural services including schematic design, design development, construction documents
and construction administration. The TOWN may elect to have the CONSULTANT provide
design criteria documents if the TOWN decides to implement a project by the design/build
approach. All projects will be coordinated with the Town Engineer and will require close
coordination with other TOWN departments.
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2.2 When the need for services for a Specific Project occurs, the Town Manager may,
enter into negotiations with the CONSULTANT for that Specific Project under the terms and
conditions of this Agreement. The TOWN shall initiate said negotiations by providing the
CONSULTANT with a "Scope of Services Request," requesting from the CONSULTANT a
proposal to provide professional services for the Specific Project. The CONSULTANT shall
prepare a proposal which includes those subjects specified in subsection 2.3 (a) through (g). The
Town Manager and CONSULTANT shall negotiate the terms of the Specific Project in
accordance with the provisions of Subsection 2.3.
2.3 The TOWN and CONSULTANT shall utilize as the agreement for each Specific
Project a Standard Project Agreement ( "Project Agreement "), a copy of which is attached and
incorporated into this Agreement as Exhibit "A ". Each supplemental agreement for a Specific
Project will, by mutual agreement, set forth, among other things, the following:
a. The Scope of Services;
b. The Deliverables;
c. The Time and Schedule of Performance and Term;
d. The amount of Compensation;
e. The Personnel assigned to the Specific Project;
Any additional contractual requirements of Section 2 87.055, Florida
Statutes, for consultant agreements;
g. Any modifications to the Project Agreement, if mutually agreed upon by the
parties.
2.4 If the Town Manager determines that the CONSULANT'S services in its capacity
as CONSULTANT for a particular project are needed on an hourly basis, in lieu of a lump sum
compensation package, the Consultant shall charge the TOWN for professional services at those
hourly fees as specified in Exhibit `B." The Project Agreement shall specify that the
CONSULTANT'S services shall be provided on an hourly basis with a. maximum amount of
compensation that may not be exceeded without additional approval.
2.5 The professional services to be rendered by the CONSULTANT shall commence
subsequent to the execution of each Project Agreement. Performance of work by
CONSULTANT prior to execution of a Project Agreement shall be at CONSULANT'S sole risk.
The CONSULTANT agrees to complete each Task within the time stipulated in the Project
Agreement.
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2.6 The Town Manager is authorized to negotiate and execute a Project Agreement
for Projects in which the CONSULTANT'S services do not exceed $10,000.00.
2.7 The Contract Documents for each Specific Project shall incorporate this
Continuing Services Agreement. In the event that any of the terms or conditions of this
Agreement conflict with the Project Agreement, the provisions of the Project Agreement shall
apply.
2.8 CONSULTANT'S direction under this Agreement shall be derived solely from
the TOWN Manager or his or her designee.
2.9 Time is of the essence with respect to the performance of the CONSULTANT'S
services within the time limits established herein. The CONSULTANT shall not, except for
cause beyond the reasonable control of the CONSULTANT, exceed time limits established by
this Agreement. Any adjustments to the schedule must be approved in writing by TOWN and
must be requested in writing by the CONSULTANT within ten (10) calendar days after the
occurrence upon which the CONSULTANT'S request for adjustment is based.
SECTION 3. TERMITERMINATION
3.1 Term of Agreement. — This Continuing Services Agreement shall commence on
the date this instrument is fully executed by all parties and shall continue in full force and effect,
unless and until terminated pursuant to Section 3.2 or other applicable sections of this
Agreement. Each Project Agreement shall specify the period of service agreed to by the TOWN
and CONSULTANT for services to be rendered under said Project Agreement.
3.2 Termination — For Convenience — This Continuing Services Agreement may be
terminated by the TOWN for convenience upon seven (7) calendar days written notice to the
CONSULTANT.
3.3 Effect on Project Agreement — Nothing in this section shall be construed to
create a right by either party to terminate any ongoing Project Agreement(s). Termination of a
Project Agreement shall be exclusively through the termination provisions of the specific Project
Agreement.
3.4 Non - Exclusive Agreement - Notwithstanding the provisions of Subsection 3.1,
the Town Manager may issue requests for proposals for this professional discipline at any time
and may utilize the services of any other consultants retained by the TOWN under similar
continuing services agreements. Nothing in this Agreement shall be construed to give the
CONSULTANT a right to perform services for a specific project.
SECTION 4. ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
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4.1 Changes Permitted. Changes in the Scope of Services of a Project Agreement
consisting of additions, deletions, revisions, or any combination thereof, may be ordered by the
TOWN by Change Order without invalidating the Project Agreement.
4.2 Change Order Defined. Change Order shall mean a written order to the
CONSULTANT executed by the TOWN, issued after execution of a Project Agreement,
authorizing and directing a change in the Scope of Services or an adjustment in the Contract
Price or the Contract Time, or.any combination thereof. The Contract Price and/or the Contract
Time may be changed only by Change.Order.
4.3 Effect of Executed Change Order. The execution of a Change Order by the
TOWN and the CONSULTANT shall constitute conclusive evidence of the CONSULTANT's
agreement'to the ordered changes in the Scope of Services or an adjustment in the Contract Price
or. the Contract Time, or any combination thereof. The CONSULTANT, by executing the
Change Order, waives and forever releases any claim against the TOWN for additional time or
compensation for matters relating to or arising out of or resulting from the Services included
within or affected by the executed Change Order.
4.4 Authority to Execute Changes or Requests for Additional Services. The
Town Manager is authorized to negotiate and execute Change Orders, in an amount not to
exceed $5,000.00 per contract. Changes, which exceed $5,000.00, shall be approved by the
TOWN Council.
SECTION S. SURVIVAL OF PROVISIONS
5.1 Any terms or conditions of either this Agreement or any subsequent Project
Agreement that require acts beyond the date of the term of either agreement, shall survive
termination of the agreements, shall remain in full force and effect unless and until the terms or
conditions are completed and shall be fully enforceable by either party.
SECTION 6. TOWN'S RESPONSIBILITIES
6.1 Assist CONSULTANT by placing at its disposal all available information as may
be requested in writing by the CONSULTANT and allow reasonable access to all pertinent
information relating to the services to be performed by CONSULTANT.
6.2 Furnish to CONSULTANT, at the CONSULTANT'S written request, all
available maps, plans, existing studies, reports and other data pertinent to the services to be
provided by CONSULTANT, in possession of the TOWN.
6.3 Arrange for access to and make all provisions for CONSULTANT to enter upon
public property as required for CONSULTANT to perform services.
SECTION 7. CODE OF ETHICS
7.1 The AIA Code of Ethics shall be incorporated in this Agreement by this reference.
7.2 CONSULTANT warrants and represents that its employees will abide by the
Conflict of Interest and Code of Ethics Ordinances set forth in Section 2 -11.1 of the Town. Code
and Section 2 -11.1 of the Miami -Dade County Code, as these codes may be amended from time
to time.
SECTION 8. POLICY OF NON- DISCRBUNATION/WAGES
8.1 The CONSULTANT shall comply with all federal, state and local laws and
ordinances applicable to the work or payment for work and shall not discriminate on the grounds
of race, color, religion, sex, age, marital status, national origin, physical or mental disability in
the performance of work under this Agreement.
8.2 The CONSULTANT shall comply with the wage provisions of Section 287.055,
Florida Statutes. If the project is subject to federal or state grant funding that requires specific
wage and non - discrimination provisions, the CONSULTANT shall be required to comply with
the same.
SECTION 9. OWNERSHIP OF DOCUMENTS/DELIVERA)BLES
9.1 Drawings and Specifications as instruments of service are and shall become the
property of the TOWN whether the Project for which they are made is executed or not. The
CONSULTANT shall be permitted to retain copies, including reproducible copies, of Drawings
and Specifications for information and reference in connection with the TOWN'S use and
occupancy of the Project.
9.2 The Drawings and Specifications shall not be used by the TOWN on other
projects, and TOWN agrees to indemnify the CONSULTANT should it breach this paragraph.
9.3 Submission or distribution to meet official regulatory requirements or for other
purposes in connection with the Project is not to be construed as publication in derogation of the
CONSULTANT'S rights.
9.4 CONSULTANT agrees not to divulge, furnish or make available to any third
person, firm or organization, without TOWN'S prior written consent, or unless incident to the
proper performance of the CONSULTANT'S obligations hereunder, or in the course of
judicial or legislative proceedings where such information has been properly subpoenaed, or if
reasonably necessary for the CONSULTANT to defend itself from any suit or claim, any non-
public information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, sub - CONSULTANTS and
subcontractors to comply with the provisions of this paragraph.
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9.5 All final plans and documents prepared by the CONSULTANT shall bear the
endorsement and seal of a person duly registered as a Professional Engineer, Architect,
Landscape Architect, Professional Geologist, or Land Surveyor, as appropriate, in the State of
Florida and date approved and/or sealed.
SECTION 10. RECORDS/AUDITS
10.1 CONSULTANT shall maintain and require Subconsultants to maintain, complete
and correct records, books, documents, papers and accounts pertaining to the Specific Project.
Such records, books, documents, papers and accounts shall be available at all reasonable times
for examination and audit by the Town Manager or any authorized TOWN representative with
reasonable notice and shall be kept for a period of three (3) years after the completion of each
Project Agreement. Incomplete or incorrect entries in such records, books, documents, papers or
accounts will be grounds for disallowance by or reimbursement to the TOWN of any fees or
expenses based upon such entries. Disallowed fees will be paid when incomplete or incorrect
entries are remedied to the satisfaction of the TOWN.
10.2 The CONSULTANT shall comply with Chapter 119, Florida Statutes, as
applicable.
10.3 Refusal of the CONSULTANT to comply with the provisions of Sections 10.1 or
10.2 shall be grounds for immediate termination for cause by the TOWN of this Agreement or
any Project Agreement.
SECTION 11. NO CONTINGENT FEE'
11.1 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. In the event the CONSULTANT violates this provision, the
TOWN shall have the right to terminate this Agreement or any Project Agreement, without
liability, and at its sole discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift or consideration.
SECTION 12. INDEPENDENT CONTRACTOR
12.1 The CONSULTANT is an independent contractor under this Agreement and any
Project Agreements. Personal services provided by the CONSULTANT shall be by employees
of the CONSULTANT and subject to supervision by the CONSULTANT, and not as officers,
employees, or agents of the TOWN, Personnel policies, tax responsibilities, social security,
health insurance, employee benefits, purchasing policies and other similar administrative
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procedures applicable to services rendered under this Agreement or any Project Agreements shall
be those of the CONSULTANT.
SECTION 13. ASSIGNMENT: AMENDMENTS
13.1 This Agreement shall not be assigned, transferred or otherwise encumbered, under
any circumstances, by CONSULTANT, without the prior written consent of the TOWN.
13.2 No modification, amendment or alteration in the terms or conditions of this
Agreement shall be effective unless contained in a written document executed with the same
formality as this Agreement.
SECTION 14. INDEMNIFICATION/HOLD HARMLESS
14.1 Pursuant to Section 725.08, Florida Statutes, the CONSULTANT shall indemnify
and hold harmless the TOWN, and its officers 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, the Sub -
CONSULTANTS and other persons employed or utilized by the CONSULTANT in the
performance of this Agreement. The CONSULTANT'S obligation under this paragraph shall
not be limited in any way by the agreed upon contract price, or the CONSULTANT'S limit of, or
lack of, sufficient insurance protection.
14.2 The indemnification obligation under this clause shall not be limited in any way
by any limitation on the amount or type of damages, compensation, or benefits payable by or for
the CONSULTANT and/or any Sub - CONSULTANTS under worker's compensation acts,
disability benefit acts, or other employee benefit acts.
14.3 To the extent this indemnification clause or any other indemnification clause in
this Agreement does not comply with Chapter 725, Florida Statutes, as it may be subsequently
amended, this Article and all aspects of the Contract Documents shall hereby be interpreted as
the parties' intention for the indemnification clauses and Contract Documents to comply with
Chapter 725, Florida Statutes, as may be amended.
14.4 The CONSULTANT shall not specify or allow any SubConsultant to specify a
particular design, process or product that infringes upon any patent. The CONSULTANT shall
indemnify and hold TOWN and its officers and employees harmless from any loss, cost or
expense, including reasonable attorney's fees and costs incurred, on account thereof if the
CONSULTANT violates the requirements of this Section.
SECTION 15. INSURANCE
The CONSULTANT shall secure and maintain throughout the duration of this
Agreement and any Project Agreement, insurance of such type and in such amounts necessary to
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protect its interest and the interest of the TOWN against hazards or risks of loss as specified
below. The underwriter of such insurance shall be qualified to do business in Florida and have
agents upon whom service of process may be made in the State of Florida. The insurance
coverage shall be primary insurance with respect to the TOWN, its officials, employees, agents _
and volunteers. Any insurance maintained by the TOWN shall be in excess of the
CONSULTANT'S insurance and shall not contribute to the CONSULTANT'S insurance. The
insurance coverages shall include a minimum of:
15.1 Worker's Compensation and Employer's Liability Insurance: Coverage to
apply for all employees for Statutory Limits as required by applicable State and Federal laws.
The policy(ies) must include Employer's Liability with minimum limits of $100,000.00 each
accident.
15.2 Comprehensive Automobile and Vehicle Liability Insurance: This insurance
shall be written in comprehensive form and shall protect the CONSULTANT and the TOWN
against claims for injuries to members of the public and/or damages to property of others arising
from the CONSULTANT'S use of non -owned and hired motor vehicles or any other equipment
and shall cover operation with respect to onsite and offsite operations and insurance coverage
shall extend to any motor vehicles or other equipment irrespective of whether the same is owned,
non - owned, or hired. The limit of liability shall not be less than $1,000,000.00 per occurrence,
combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must
be afforded on a form no more restrictive that the latest edition of the Business Automobile
Liability Policy, without restrictive endorsement, as filed by the Insurance Services Office.
15.3 Commercial General Liability. This insurance shall be written in
comprehensive form and shall protect the CONSUTLANT and the TOWN against claims arising
from injuries to members of the public or damage to property of others arising out of any act or
omission to act of the CONSULTANT or any of its agents, employees, or subcontractors. The
limit of liability shall not be less than $1,000,000.00 per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability.
(a) Coverage must be afforded on a form no more restrictive than the latest edition of
the Commercial General Liability Policy, without restrictive endorsements-, as filed by
the Insurance Services Office, and must include: (1) Premises and/or Operations; (2)
Independent contractors and Products and/or completed Operations; (3) Broad Form
Property Damage, Personal Injury and a Contractual Liability Endorsement, including
any hold harmless and/or indemnification agreement.
(b) The TOWN is to be specifically included as an Additional Insured for the liability
of the TOWN resulting from operations performed by or on behalf of CONSULTANT in
performance of this or any Project Agreement. CONSULTANT'S insurance, including
that applicable to the TOWN as an Additional Insured, shall apply on a primary basis and
any other insurance maintained by the TOWN shall be in excess of and shall not
contribute to CONSULTANT'S insurance. CONSULTANT'S insurance shall contain a
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severability of interest provision providing that, except with respect to the total limits of
liability, the insurance shall apply to each Insured or Additional Insured in the same
manner as if separate policies had been issued to each.
15.4 Professional Liability: The CONSULTANT shall furnish professional liability
errors and omissions insurance coverage in an amount not less than $2,000,000.00 with a
deductible of $25,000.00 per claim. The CONSULTANT shall be responsible for maintaining
this professional liability insurance for a minimum of five (5) years from the date of execution of
each Project Agreement. Upon request of the TOWN, the CONSULTANT shall make available
for inspection copies of any claims filed or made against the policy during the policy term. The
CONSULTANT shall additionally notify the TOWN, in writing, within thirty (30) calendar days
of any claims filed or made against this policy in excess of $100,000.00 during the policy term.
15.5 Certificate of Insurance: Prior to. the execution of this Agreement,
CONSULTANT shall provide the Town Manager with evidence of insurability from the
Consultant's Insurance Carrier or a Certificate of Insurance. Prior to execution of any Project
Agreement, the CONSULTANT shall provide to the Town Manager, Certificates of Insurance
evidencing the required insurance coverages. The Certificates of Insurance shall not only name
the types of policy(ies) provided, but also shall refer specifically to this and any Project
Agreement and shall state that such insurance is as required by this and any Project Agreement.
The TOWN reserves the right to require the CONSULTANT to provide a certified copy of such
policies, upon written request by the TOWN. If a policy is due to expire prior to the completion
of the services, renewal Certificates of Insurance or policies shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days' written notice shall be
provided to the TOWN before any policy or coverage is cancelled or restricted. Acceptance of
the Certificate(s) is subject to approval of the Town Manager.
15.6 All deductibles or self - insured retentions must be declared to and be approved by
the Town Manager. The CONSULTANT shall be responsible for the payment of any deductible
or self - insured retentions in the event of any claim. The Town Manager may require the
CONSULTANT, as a condition of execution of a particular Project Agreement, to provide a
bond or other monetary consideration to cover the CONSULTANT'S deductible for Professional
Liability Insurance.
SECTION 16. REPRESENTATIVE OF TOWN AND CONSULTANT
16.1 TOWN Representative. It is recognized that questions in the day -to -day conduct
of this Agreement will arise. The TOWN designates the Town Manager or his or her designee,
as the person to whom all communications pertaining to the day -to -day conduct of this
Agreement shall be addressed.
10
16.2 CONSULTANT Representative. CONSULTANT shall inform the TOWN
Representative, in writing, of the representative of the CONSULTANT to whom all
communications pertaining to the day -to -day conduct of this Agreement shall be addressed.
SECTION 17. COST AND ATTORNEY'S FEESIWAIVER OF JURY TRIAL
17.1 If either the TOWN or CONSULTANT is required to enforce the terms of this
Agreement or any Project Agreement by court proceedings or otherwise, whether or not formal
legal action is required, the prevailing party shall be entitled to recover from the other party all
costs, expenses, and attorney's fees in any state or federal administrative, circuit court and
appellate court proceedings.
17.2 In the event of any litigation arising out of this Agreement or Project Agreement,
each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial
by jury.
SECTION 18. ALL PRIOR AGREEMENTS SUPERSEDED
18.1 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained in this
Agreement 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 it is agreed that no deviation from the terms of the Agreement shall be predicated
upon any prior representations or agreements whether oral or written.
SECTION 19. CONSULTANT'S RESPONSIBILITIES
19.1 The CONSULTANT warrants that the services to be performed hereunder shall
be performed by the CONSULTANT'S own staff, unless otherwise approved in writing by the
TOWN. Said approval shall not be construed as constituting an agreement between the TOWN
and said other person or firm. The CONSULTANT'S services shall be performed in a. manner
consistent with that degree of skill and care ordinarily exercised by practicing design
professionals performing similar services in the same locality and under the same or similar
circumstances and conditions.
19.2 The CONSULTANT represents that it possesses the requisite skills and shall
follow the professional standards of the American Institute of Architects and the standard of
conduct for engineers in performing all services under this .Agreement. The CONSULTANT
agrees to use its skill and judgment in furthering the TOWN'S interests hereunder and
CONSULTANT shall perform its services in accordance with the practice of the pertinent
industry and as expeditiously as is consistent with reasonable skill and care. If at any time
during the term of this Agreement or the construction of the Project for which the
CONSULTANT has provided engineering, architectural, surveying or mapping services under
this Agreement, it is determined that the CONSULTANT'S documents are incorrect, defective or
11
fail to conform to the terms of this Agreement, upon written notification from the TOWN, the
CONSULTANT shall immediately proceed to correct the work, re- perform services which failed
to satisfy the foregoing standard of care and shall pay all costs and expenses associated with
correcting said incorrect or defective work, including any additional testing, inspections, and
construction and reimbursements to the TOWN for any other services and expenses made
necessary thereby, save and except any costs which the TOWN would have otherwise paid
absent the CONSULTANT'S error or omission. The TOWN'S and or any governmental
agency's approval, acceptance, use of or payment for all or any part of the CONSULTANT'S
services shall in no way alter the CONSULTANT'S obligations or TOWN'S rights hereunder.
19.3 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from the TOWN, to promptly remove and replace any personnel employed or retained by
the CONSULTANT, any sub- CONSULTANTS or subcontractors or any personnel of any such
sub- CONSULTANT or subcontractors engaged by the CONSULTANT to provide and perform
services or work pursuant to the requirements of this Agreement, whom the TOWN shall request
in writing to be removed, which request may be made by the TOWN.
19.4 If the CONSULTANT allows any Work to be performed knowing, or when with
the exercise of due care the CONSULTANT should have. known, it to be contrary to any such
applicable, known and published laws, ordinances, rules, regulations or restrictions and fails to
give TOWN written notice thereof prior to performance thereof, the CONSULTANT shall bear
all costs, liabilities, and expenses arising therefrom, which costs, liabilities and expenses shall
not be considered a part of the CONSULTANT'S fees or any other amounts due hereunder.
19.5 The CONSULTANT'S obligations under Paragraph 19.2 of this Agreement shall
survive termination of this Agreement or any Project Agreement.
SECTION 20. SUBCONSULTANTS
20.1 In the event the CONSULTANT requires the services of any Subconsultants or
other professional associates in connection with services covered by any Project Agreement, the
CONSULTANT must secure the prior written approval of the Town Manager. The
CONSULTANT shall utilize his/her best efforts to utilize Subconsultants where principal place
of business is located within the Town of Miami Lakes, Florida.
20.2 All services provided by the SubConsultants shall be pursuant to appropriate
agreements between the CONSULTANT and the SubConsultants which shall contain provisions
that preserve and protect the rights of the TOWN and the CONSULTANT under this Agreement.
Each SubConsultant agreement shall incorporate the terms of this Agreement, and shall include
termination provisions that state that the agreements may be terminated. TOWN shall not be
responsible for termination expenses of any third parties.
20.3 Any subcontract with a Subconsultant shall afford to the CONSULTANT rights
against the Subconsultant which correspond to those rights afforded to the TOWN against the
12
CONSULTANT herein, including but not limited to those rights of termination as set forth
herein.
20.4 No reimbursement shall be made to the CONSULTANT for any subconsultants
that have not been previously approved by the TOWN for use by the CONSULTANT.
SECTION 21. NOTICES
Whenever either party desires to give notice to the other, it must be given by hand
delivery or written notice, sent by certified United States mail, with return receipt requested or a
nationally recognized private mail delivery service, addressed to the party for whom it is
intended, at the place last specified, and the place for giving of notice in compliance with the
provisions of this paragraph. For the present, the , parties designate the following as the
respective places for giving of notice, to -wit:
FOR CONSULTANT:
Thomas M. Carlson, Principal
M.C. Harry and Associates, Inc.
2780 S.W. Douglas Road
Suite 302
Miami, FL 33133
Telephone: (305) 445 -3765
Facsimile: (305) 446 -9805
FOR TOWN.:
Town of Miami Lakes
Attention: Alex Rey, Town Manager
15700 N.W. 67a' Avenue
Miami Lakes, Florida 33014
Telephone: (305) 364 -6100
Facsimile: (305) 558 -8511
With a copy to:
Nina L. Boniske, Esq.
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.,
Town Attorneys
2525 Ponce de Leon Boulevard
Suite 700
Miami, FL 33134
Phone: (305) 854 -0800
Facsimile: (305) 854 -2323
13
SECTION 22. TRUTH -IN- NEGOTIATION CERTIFICATE
Signature of this Agreement by CONSULTANT shall act as the execution of a truth -in-
negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation of this Agreement or any Project Agreement are accurate, complete, and current at
the time of contracting. Each Project Agreement's contract prices and any additions shall be
adjusted to exclude any significant sums by which the TOWN determines the Project's contract
price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual
unit costs. All such adjustments shall be made within one year following the end of each Project
Agreement.
SECTION 23. CONSENT TO JURISDICTION
The parties submit to the jurisdiction of any Florida state or federal court in any action or
proceeding arising out of relating to this Agreement or any Project Agreement. Venue of any
action to enforce this Agreement or any Project Agreement shall be in Miami -Dade County,
Florida.
SECTION 24. GOVERNING LAW
This Agreement and any Project Agreement shall be construed in accordance with and
governed by the laws of the State of Florida.
SECTION 25. HEADINGS
Headings are for convenience of reference only and shall not be considered in any
interpretation of this Agreement.
SECTION 26. EXHIBITS
Each Exhibit referred to in this Agreement forms an essential part of this Agreement.
The Exhibits if not physically attached, should be treated as part of this Agreement, and are
incorporated by reference.
SECTION 27. SEVERABILITY
If any provision of this Agreement or any Project Agreement or the application thereof to
any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
SECTION 28. COUNTERPARTS
14
This Agreement may be executed in several counterparts, each of which shall be deemed
an original and such counterparts shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties execute this Agreement on the respective dates
under each signature: The TOWN, signing by and through its Town Manager, attested to by its
TOWN Clerk, duly authorized to execute same and by CONSULTANT by and through its
, whose representative has been duly authorized to execute same
through a resolution of the corporation or partnership.
[THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK.
15
ATTEST:
'n Clerk
TOWN OF NIIAMI LAKES
By:
Alex Rey, TownManager
Date:
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND RELIANCE OF THE
TOWN OF MIAMI LAKES, FLORIDA, ONLY:
Town Attorney
ATTEST:
Assistant Seer
Please type name of Secretary
Print Name:
Print Name:
M.C. HARRY AND ASSOCIATES, INC.
By:
h mas M. Carlson
r ident
Date: 4, 11,, 0 -7
16
EXHIBIT "A"
SAMPLE
PROJECT AGREEMENT
Between
TOWN OF MIAMI LAKES, FLORIDA
And
M.C. HARRY AND ASSOCIATES, INC.
for
Work Authorization No.
[INSERT NAME OF PROJECT]
PROJECT AGREEMENT
Between
THE TOWN OF MIAMI LAKES, FLORIDA
And
M.C. HARRY AND ASSOCIATES, INC.
For
Work Authorization No.
[INSERT NAME OF PROJECT]
Pursuant to the provisions contained in the "Continuing Services Agreement" between
the TOWN OF MIAMI LAKES, FLORIDA (the "TOWN ") and M.C. HARRY AND
ASSOCIATES, INC., ( "CONSULTANT ") dated , this Project Agreement authorizes
the CONSULTANT to provide the services as set forth below:
The TOWN and CONSULTANT agree as follows:
SECTION 1. SCOPE OF SERVICES
1.1 The CONSULTANT shall provide architectural services to the TOWN for the
Project as described herein. [Insert project description]
1.2 The "Scope of Services and Project Schedule" and tasks to be provided by the
CONSULTANT for this Project are those services and tasks as set forth herein. [Insert scope of
services here] and listed in Exhibit "1."
1.3 The TOWN may request changes that would increase, decrease, or otherwise
modify the Scope of Services. Such changes must be contained in a written change order
executed by the parties in accordance with the provisions of the Continuing Services Agreement,
prior to any deviation from the terms of the Project Agreement, including the initiation of any
extra work.
SECTION 2. DELIVERABLES
2.1 As part of the Scope of Services and Project Schedule, the CONSULTANT shall
provide to the TOWN the following Deliverables:
1
2.2 The CONSULTANT acknowledges the construction budget for the project is
$ (the "Construction Budget "). The CONSULTANT shall develop cost
estimates as provided in Exhibit "1" and if any of these estimates exceed the Construction
Budget, the CONSULTANT and the TOWN shall meet to mutually adjust the Design and the
Scope of Services as necessary at no additional cost to the TOWN.
SECTION 3. TERM/TIME OF PERFORMANCE/DAMAGE
3.1 Term. This Project Agreement shall commence on the date this instrument is
fully executed by all parties and shall continue in full force and effect , unless
otherwise terminated pursuant to Section 6 or other applicable provisions of this Project
Agreement. The Town Manager, in his sole discretion, may extend the term of this Agreement
through written notification to the CONSULTANT. Such extension shall not exceed 30 days.
No further extensions of this Agreement shall be effective unless authorized by the TOWN
Council.
3.2 Commencement. The CONSULTANT'S services under this Project Agreement
and the time frames applicable to this Project Agreement shall commence upon the date this
Agreement is executed by both parties. The CONSULTANT shall not incur any expenses or
obligations for payment to third parties prior to the issuance of the Notification of
Commencement. CONSULTANT must receive written notice from the Town Manager prior to
the beginning the performance of services.
3.3 Contract Time. Upon execution of this Project Agreement, the CONSULTANT
shall commence services to the TOWN on the Commencement Date, and shall continuously
perform services to the TOWN, without interruption, in accordance with the time frames set
forth in the "Project Schedule," a copy of which is attached and incorporated into this Agreement
as Exhibit "1 ". The number of calendar days from the Commencement Date, through the date
set forth in the Project Schedule for completion of the Project or the date of actual completion of
the Project, whichever shall last occur, shall constitute the Contract Time.
3.4 All limitations of time set forth in this Agreement are of the essence.
SECTION 4. AMOUNT, BASIS AND METHOD OF COMPENSATION
4.1 Lump Sum Compensation. TOWN agrees to pay CONSULTANT as
compensation for performance of all services described in Exhibit "2" $
[OR, IF HOURLY, "TOWN AGREES TO PAY CONSULTANT COMPENSATION AT
CONSULTANT'S HOURLY RATES, UP TO A MAXIMUM AMOUNT NOT TO
EXCEED $ .]
2
4.2 Reimbursable Expenses. The following expenses are reimbursable at their
actual cost: travel and accommodations, long distance telephone calls, facsimile, courier
services, mileage (at a rate approved by the TOWN), photo and reproduction services. All
document reproductions are also reimbursable, at a rate approved by the TOWN.
4.3 Payment for Additional/Reimbursable Services. Payment for
Additional/Reimbursable Services may be requested monthly in proportion to the services
performed. When such services are authorized as an hourly rate, the CONSULTANT shall
submit for approval a duly certified invoice, giving names, classification, salary rate per hour,
hours worked and total charge for all personnel directly engaged on a project or task. The
CONSULTANT shall attach to the invoice all supporting data for payments made to
SubConsultants engaged on the Project. In addition to the invoice, the CONSULTANT shall, for
Hourly Rate authorizations, submit a progress report giving the percentage of completion of the
Project development and the total estimated fee to completion.
SECTION 5. BILLING AND PAYMENTS TO THE CONSULTANT
5.1 Invoices
5.1.1 Lump Sum Compensation and Reimbursable Expenses.
CONSULTANT shall submit invoices which are identified by the specific project number on a
monthly basis in a timely manner. These invoices shall identify the nature of the work
performed, the phase of work, and the estimated percent of work accomplished in accordance
with the Payment Schedule set forth in Exhibit "2 ", to this Project Agreement. Invoices for each
phase shall not exceed amounts allocated to each phase of the Project plus reimbursable expenses
accrued during each phase. The statement shall show a summary of fees with accrual of the total
and credits for portions previously paid by the TOWN. The TOWN shall pay CONSULTANT
within thirty (30) calendar days of approval by the Town Manager of any invoices submitted by
CONSULTANT to the TOWN.
5.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to
the TOWN for payment to the CONSULTANT is disputed, or additional backup documentation
is required, the TOWN shall notify the CONSULTANT within fifteen (15) working days of
receipt of the invoice of such objection, modification or additional documentation request. The
CONSULTANT shall provide the TOWN with additional backup documentation within five (5)
working days of the date of the TOWN'S notice. The TOWN may request additional
information, including but not limited to, all invoices, time records, expense records, accounting
records, and payment records of the CONSULTANT. The TOWN, at its sole discretion, may
pay to the CONSULTANT the undisputed portion of the invoice. The parties shall endeavor to
resolve the dispute in a mutually agreeable fashion.
5.3 Suspension of Payment. In the event that the TOWN becomes credibly
informed that any representations of the CONSULTANT, provided pursuant to Subsection 5.1,
are wholly or partially inaccurate, or in the event that the CONSULTANT is not in compliance
with any term or condition of this Project Agreement, the TOWN may withhold payment of
3
sums then or in the future otherwise due to the CONSULTANT until the inaccuracy, or other
breach of Project Agreement, and the cause thereof, is corrected to the TOWN's reasonable
satisfaction.
5.4 Final Payment. Submission of the CONSULTANT'S invoice for final payment
and reimbursement shall constitute the CONSULTANT'S representation to the TOWN that,
upon receipt from the TOWN of the amount invoiced, all obligations of the CONSULTANT to
others, including its consultants, incurred in connection with the Project, shall be paid in full.
The CONSULTANT shall deliver to the TOWN all documents requested by the TOWN
evidencing payments to any and all subcontractors, and all final specifications, plans, or other
documents as dictated in the Scope of Services and Deliverable. Acceptance of final payment
shall constitute a waiver of any and all claims against the TOWN by the CONSULTANT.
SECTION 6. TERMINATION /SUSPENSION
6.1 For Cause. This Project Agreement may be terminated by either party upon five
(5) calendar days written notice to the other party should the other party fail substantially to
perform in accordance with its material terms through no fault of the party initiating the
termination. In the event that CONSULTANT abandons this Project Agreement or causes it to
be terminated by the TOWN, the CONSULTANT shall indemnify the TOWN against any loss
pertaining to this termination. In the event that the CONSULTANT is terminated by the TOWN
for cause and it is subsequently determined by a court by a court of competent jurisdiction that
such termination was without cause, such termination shall thereupon be deemed a termination
for convenience under Subsection 6.2 of this Project Agreement and the provision of Subsection
6.2 shall apply.
6.2 For Convenience. This Project Agreement may be terminated by the TOWN for
convenience upon fourteen (14) calendar days' written notice to the CONSULTANT. In the
event of termination, the CONSULTANT shall incur no further obligations in connection with
the Project and shall, to the extent possible, terminate any outstanding subconsultant obligations.
The CONSULTANT shall be compensated for all services performed to the satisfaction of the
TOWN and for reimbursable expenses incurred prior to the date of termination. The
CONSULTANT shall promptly submit its invoice for final payment and reimbursement and the
invoice shall comply with the provisions of Subsection 5.1 of this Project Agreement. Under no
circumstances shall the TOWN make any payment to the CONSULTANT for services which
have not been performed.
6.3 Assignment upon Termination. Upon termination of this Project Agreement, a
copy of all of the CONSULTANT'S work product shall become the property of the TOWN and
the CONSULTANT shall, within ten (10) working days of receipt of written direction from the
TOWN, transfer to either the TOWN or its authorized designee, a copy of all work product in its
possession, including but not limited to designs, specifications, drawings, studies, reports and all
other documents and data in the possession of the CONSULTANT pertaining to this Project
Agreement. Further, upon the TOWN'S request, the CONSULTANT shall assign its rights, title
and interest under any subcontractor's agreements to the TOWN.
4
6.4 Suspension for Convenience. The TOWN shall have the right at any time to
direct the CONSULTANT to suspend its performance, or any designated part thereof, for any
reason whatsoever or without reason, for a cumulative period of up to ninety (90) calendar days.
If any such suspension is directed by the TOWN, the CONSULTANT shall immediately comply
with same. In the event the TOWN directs a suspension of performance as provided for herein
through no fault of the CONSULTANT, the TOWN shall pay to the CONSULTANT its
reasonable costs, actually incurred and paid, of demobilization and remobilization, as full
compensation for any such suspension.
SECION 7. INCORPORATION OF TERMS AND CONDTIONS OF CONTINUING
SERVICE AGREEMENT
7.1 This Project Agreement incorporates the terms and conditions set forth in the
Continuing Services Agreement dated between the parties as though fully set forth
herein. In the event that any terms or conditions of this Project Agreement conflict with the
Continuing Services Agreement, the provisions of this specific Project Agreement shall prevail
and apply.
[THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK.]
5
ATTEST:
Town Clerk
TOWN OF MIAMI LAKES
By:
Alex Rey, Town Manager
Date:
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND RELIANCE OF THE
TOWN OF MIAMI LAKES, FLORIDA, ONLY:
Town Attorney r
ATTEST:
Assistant Secretary
Please type name of Assistant Secretary
(CORPORATE SEAL)
WITNESSES:
Print Name:
Print Name:
M.C. HARRY AND ASSOCIATES, INC.
By:
Thomas M. Carlson
President
Date:
3
Exhibit "I"
Scope of Services and Project Schedule
[TO BE INSERTED]
EXHIBIT "2"
Payment Schedule
[TO BE INSERTED]
EXHIBIT "B"
PAGE 1 OF 2
CONSULTANT'S HOURLY FEE SCHEDULE
Note: Hourly fees are based on 2.75 multiple of direct salary
Principal $ 180.00
Senior Project Manager $ 132.00
Project Manager/Project Architect $ 95.00
Architect $ 126.00
Senior Technician/Designer $ 94.00
Architectural Designer/Drafter: $ 56.00
Administrative $ 57.00
EXHIBIT "B"
PAGE 1 OF 2
CONSULTANT'S HOURLY FEE SCHEDULE
Note: Hourly fees are based on 2.75 multiple of direct salary
Principal $ 180.00
Senior Project Manager $ 132.00
Project Manager/Project Architect $ 95.00
Architect $ 126.00
Senior Technician/Designer $ 94.00
Architectural Designer/Drafter: $ 56.00
Administrative $ 57.00
EXHIBIT'S"
PAGE 2OF2
GENERAL DESCRIPTION OF EMPLOYEE CATEGORIES
Principal - Owners of the firm.
Senior Project Manager — Senior level managers of the firm that either assumes full project
responsibility or manage Project Managers/Project Architect. Coordinates and communicates all
project issues to identify, establish, and maintain the project goals, scopes, budgets, and
schedule.
Project Manager/Project Architect — Degreed professional individuals that assumes full
project responsibility. Coordinates and communicates all project issues to identify, establish,
and maintain the project goals, scopes, budgets, and schedule.
Architect — Registered Architect that assumes full technical responsibility. Plans and develops
projects or phases of projects with unique or complex problems. Also included in this category
are senior level individuals with experience in specific areas of disciplines.
Senior Technician/Designer: Degreed professional individuals and individuals with 10 or more
years of experience responsible for production of design
Architectural Designer/Drafter: Assist with the design and development of Contract
Documents on multiple projects; working as an integral part of our architectural team. Work will
include verification of on -site conditions; design development; code analysis; production of
construction documents; detailing; coordination with engineering sub consultants; and
documentation of meetings
Administrative - Staff members responsible for providing clerical and secretarial support to the
organization.
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MCHARRYASSOCIATES
June 20, 2008
Ajibola Balogun PE
City Manager
South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33143
Re: City of South Miami
South Miami Park
A/E Programming and Concept Design Services for
Proposed Park Building Structures
Lump Sum Fee Proposal
Dear Ajibola:
The MC Harry Team is pleased to submit the following task based fee proposal to provide professional A/E
programming and conceptual design services for each building structure made part the City's South Miami
Park master plan. MC Harry Associates has extensive experience with park planning and design projects
including those for the Miami -Dade Parks and Recreation Department, the City of Miami, the. City of Miami
Beach, the Town of Miami Gardens, the Village of Islamorada, the Town of Miami Lakes, the Village of
Palmetto Bay, and of course the City of South Miami.
Project_ S_cope
The master plan for South Miami Park depicts a main, east end, entry feature flanked by two separate east
end picnic shelters with integral toilet room facilities; and a midfield structure(s) intended to house, at a
minimum, public toilet rooms and concessionaire space. The intent of the programming and conceptual design
study is to further quantify and define the function, capacity, and fundamental architectural character of each
building structure; and to develop corresponding conceptual cost estimate for each.
Scope of Services
Our proposed scope of A/E services and deliverables are summarized below:
Phase 1 — programming
The programming exercise will be initiated with a workshop review of the functional objectives of each building
element. An analysis of individual space requirements will be documented as appropriate. Survey data will
include net square footage; floor, wall and ceiling finishes; door types; security issues; power, lighting and data
requirements; utilities; and FF &E needs.
1. Architectural Tasks:
Kickoff meeting; code assessment and documentation; review meeting with B &Z; program analysis of entry feature,
picnic shelter /toilet room buildings, and field house.
2. Civil Engineering /Surveying Tasks:
Kickoff meeting; code assessment and documentation; preliminary civil engineering analysis of water and sewer
requirements, and grading and drainage issues.
Phase 2 — conceptual design
Following City approval of the Phase 1 deliverables, a conceptual design study will commence for each
building structure. Each structure will be documented with a floor plan, building elevations, and a 3D model of
the building's exterior. The master plan site plan graphic will be revised accordingly. A conceptual cost
estimate will be developed for each building structure.
1. Architectural Tasks:
Develop plans and exterior building elevations for the entry feature, picnic shelter /toilet room buildings, and field
house; 3D model of each building structure to establish design character; revise the master plan site plan graphic;
conceptual cost estimate; final report.
2. Civil Engineering Tasks:
Assist in revising the master plan site plan graphic and conceptual cost estimate.
Fee Proposal`Summary
Phase 1 - programming service fee (architectural) $ 8,328
Phase 1 - programming service fee (civil) $ 5,256
Phase 2 - conceptual design service fee $16,248
Phase 1 & 2 Fee . _ -__ -- _ _ _ $29,832 _ .� . _.._ _$29,832
reimbursable Expenses.
The cost to print and bind 12 copies of the final conceptual design report:
Final_report 12 copies allowance _ $ 600
Reimbursable Expenses_ _ _ -$ 600 - $_ 600
dotal Lump Sum Fee _ _ $30 432
Project Assumptions:
1. The soil borings developed by All State Engineering & Test Consultants, Inc., and dated May 10tH
2006 will not be updated.
2. no traffic studies; or zoning variances;
3. no tree survey, utility survey, soils analysis and geotechnical engineering;
4. no sustainable design evaluations during this phase of the project.
Ajibola, please review and comment on our fee proposal as necessary. The entire MC Harry Design Team
looks forward to continuing working with you on this project.
Sincerely,
M. C. Harry & Associates, Inc.
J
Thomas M. Carlson AIA
Principal
Cc Cesar Garcia - Parks Director
City of South Miami
Ajibola Balogun PE
City Manager
MCHAR YASSOCIATE S z
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December 7, 2007
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Ajibola Balogun PE
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Director of Public Works
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South Miami City Hall
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6130 Sunset Drive
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South Miami, Florida 33143
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Re: City of South Miami
YMCA Park Master Plan
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Fee Proposal
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Dear Ajibola:
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The MC Harry Team is pleased to submit the following task based fee proposal to provide professional A/E
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master planning services for the City's YMCA Park. MC Harry Associates has extensive experience with park
planning and design projects including those for the Miami -Dade Parks and Recreation Department, the City of
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Miami, the City of Miami Beach, the Town of Miami Gardens, the Village of Islamorada, the Town of Miami
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Lakes, and of course the City of South Miami. Our team includes the firm of Kimley Horn Associates, a local
civil engineering firm and longtime MC Harry collaborator. They too have extensive experience in park
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planning and design.
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Project: Scope
The project currently calls for the master planning of the City owned10 acre YMCA Park located west of the
David Fairchild Elementary School and accessed from SW 581h Avenue. The park property is surrounded on
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three sides by a residential neighborhood, with approximately forty homes located immediately adjacent to the
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park itself. The intent of the master plan is to consolidate the active sports park developmental interests of the
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City with those of the surrounding neighborhood, the YMCA and sub contractors currently providing services at
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the park.
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$cope: of;Service$
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Our proposed scope of A/E services and deliverables are summarized below:
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Phase 1 — preliminary master plan
The preliminary master plan documents will delineate the current development interests previously expressed
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by the City, YMCA, and sub contractors currently providing service at the park, aid on a current
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boundary/topographic survey. Individual 3D models will be created to graphically de ct these three separate
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alternatives. Following a collaborative work session between the City and the Miami -Dade County Public
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Schools planning department to flush out opportunities for synergistic development, a hybrid solution will be
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developed and documented including ideas previously communicated through neighborhood interest groups.
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This data will be presented to the City for review.
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1. Architectural Tasks:
Survey and data collection; code research; meeting with City building /planning /zoning departments; meetings with
city staff, meeting minutes; facilities concept design documentation; create 3D base model; three alternative 3D
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models; meeting with City and MDCPS; hybrid 3D model; construction cost analysis of hybrid solution; presentation
to City Commission; assemble, print, and distribute phase 1 report of findings.
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2. Civil Enoineerino /Survevina Tasks:
Update survey in digital format to reflect current boundary, topographic, and interior improvements; parking analysis;
playing field layouts; field lighting requirements; meetings with staff, construction cost analysis of hybrid solution.
Phase 2 — rinal master plan
Following City approval of the Phase 1 deliverables, a series of community workshops will be conducted as
necessary to solicit review and comment on the Phase 1 preliminary master plan. A hybrid master plan will be
documented incorporating community input as appropriate. A public presentation of the final, City approved,
master plan will be conducted concluding this master planning assignment.
1. Architectural Tasks:
Conduct up to three separate public workshops with neighborhood interest groups; record public input; create hybrid
3D model as appropriate; construction cost analysis of hybrid solution; presentation to City and the public at large for
information only; final presentation to the City Commission for adoption; print, assemble, and distribute phase 2 report
of findings and conclusions.
2. Civil Engineering Tasks:
Construction cost analysis of hybrid solution; assist with up to three separate public workshops with neighborhood
interest groups.
Fee Proposal Summary
Phase 1 service fee $23,216
Phase 2 service fee $19120
Ph66e'1 & 2 Fee 36...
Relmbursable`Expenses
The cost to .print and bind 12 copies each of both the Phase 1 — preliminary master plan and the Phase 2 —
hnal master plan documents.
Phase 1 report 12 copies allowance $ 600
Phase 2 report 12 copies allowance $ 600
Updated boundary /topo /tree %interior improvements survey $5850"
Relmbiarsable'Expenses „ ._ $7050 is 7 050;:
,_ $..
Total Lum . -Sum Fee _ $49,386
" see attached fee proposal from Jack Mueller & Associates, Inc.
Project Assumptions:
1. The soil borings performed by All State Engineering & Test Consultants, Inc., and dated May 10th,
2006 will not be updated.
2. no traffic studies; or zoning variances;
3. no tree survey, utility survey, soils analysis and geotechnical engineering;
Ajibola, please review and comment on our fee proposal as necessary. The entire MC Harry Design Team
looks forward to working with you on this master planning project.
Sincerely,
M. C. Harry & Associates, Inc.
Thomas M. Carlson AIA
LEED accredited professional
JACK MUELLER & ASSOCIATES, INC.
( -7!vLL En9CnEE'LS - 2and ISUMTE 011
JOHN W. MUELLER, JR. P.E., PLS
PATRICK J. MURPHY PLS
ROBIN D. TEAGARDEN, JR. PLS
MC HARRY
SUITE 310
9655 S. DIXIE HIGHWAY
MIAMI, FLORIDA 33156
TELEPHONE: (305) 669 -8660
TELEFAX: (305) 669 -8664
December 6, 2007
Attn: Tom Carlson
TCarison a,mchan-y.com
Re: Old YMCA Property - 10 Acres +/-
Dear Sir,
We have visited the site and would like to submit this proposal for your approval.
We will prepare a Boundary Survey, finding or setting property corners and locating fencing
along 3 sides.
We will also locate all physical improvements, pavements, interior fences and visible utilities on
site. We will locate trees with a 4" diameter and cover the entire site with elevations at critical
locations as well as a 100' grid on open flat ground.
Our fee for this service will be Five Thousand Eight Hundred Fifty ($5850) dollars. We can
begin within a week and should complete within 3 weeks after beginning, If this is agreeable
please sign, date and fax back to our office as authorization to begin.
You may call at any time to discuss our proposal. Thank you for your consideration.
Accepted
Date
Very truly yours,
Jack Mueller & Associates, Inc.
By (2;tZZ
Patrick J. Murphy
Vice President
and Field Superintendent