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Calvin, Giordano & Associates :2005- 2SQ'"flD AGREEMENT BETWEEN CITY OF MIAMI BEACH AND CALVIN, GIORDANO AND ASSOCIATES, INC. FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING (A / E) SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 41-03/04 .~ " FOR THE NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT JULY 27,2005 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 TABLE OF CONTENTS DESCRIPTION ARTICLE 1 DEFINITIONS 1.1 City 1.2 City Commission 1.3 City Manager 1.4 Proposal Documents 1.5 Consultant 1.6 City's Project Coordinator 1.7 Program Manager 1.8 Basic Services 1.9 The Project 1.9.1 The Project Cost 1.9.2 The Project Scope 1.10 Construction Cost 1.10.1 Construction Cost Budget 1.10.2 Statement of Probable Construction Cost 1.11 Force Majeure 1.12 Contractor 1.13 Contract Documents 1.14 Contract for Construction 1.15 Construction Documents 1.16 Contract Amendment 1.17 Additional Services 1.18 Work 1.19 Services 1.20 Base Bid 1.21 Schedules 1.22 Scope of Services PAGE 2 2 2 2 2 2 3 3 3 3 4 4 4 4 4 5 5 5 6 6 6 6 6 6 7 7 7 ARTICLE 2. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 BASIC SERVICES Planning Services Design Services Bidding and Award Services Construction Phase Services Additional Services Responsibility for Claims and Liabilities Time 7 8 9 9 9 9 9 10 ARTICLE 3. THE CITY'S RESPONSIBILITIES 14 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 18 ARTICLE 5. ADDITIONAL SERVICES 19 ARTICLE 6. REIMBURSABLE EXPENSES 21 11 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 ARTICLE 7. COMPENSATION FOR SERVICES 22 ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 24 ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 24 ARTICLE 10. TERMINATION OF AGREEMENT 10.1 Termination for lack of Funds 10.2 Termination for Cause 10.3 Termination for Convenience 10.4 Termination by Consultant 10.5 Implementation of Termination 10.6 Non-Solicitation 25 25 25 26 26 27 27 ARTICLE 11. INSURANCE 27 ARTICLE 12. INDEMNIFICATION 29 ARTICLE 13. VENUE 29 ARTICLE 14. LIMITATION OF LIABILITY 30 ARTICLE 15. MISCELLANEOUS PROVISIONS 30 ARTICLE 16. NOTICE 32 ATTACHED SCHEDULES: SCHEDULE "A" - SCOPE OF SERVICES SCHEDULE"B" - CONSULTANT COMPENSATION SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE SCHEDULE "D" - PROJECT SCHEDULE SCHEDULE "E" - PROJECT GEOGRAPHIC LIMITS 35 36 37 38 39 III NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT CALVIN, GIORDANO AND ASSOCIATES, INC. FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING (AlE) SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS N0.4l-03/04 FOR THE NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT This Agreement made and entered into this )i~ day of ':J U l ,,\ ,2005, by and between - r 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 CALVIN, GIORDANO AND ASSOCIATES, INC., a Florida corporation having its principal office at 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida, 33316 (hereinafter referred to as Consultant). WIT N E SSE T H: 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 architectural, landscape architectural, and/or 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 architectural, landscape architectural, and/or engineering and related professional services relative to the Project, as hereinafter set forth. NOW THEREFORE, City and Consultant, in consideration ofthe mutual covenants and agreements herein contained, agree as follows: I NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 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 governmg 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 / or Program Manager, 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 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean REQUEST FOR QUALIFICATIONS No. 41-03/04 to Provide Architectural, Engineering, Design, Permitting Assistance, and Construction Administration Services Needed To Design and Construct the Biscayne Point Neighborhood Right of Way Improvement Project, issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 1.5 CONSULTANT: The "Consultant" is herein defined Calvin, Giordano and Associates, Inc., a Florida Corporation having its principal offices at 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida, 33316. When the term "Consultant" is used in this Agreement it shall be deemed to include any sub-consultants and any other person or 2 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 entity acting under the direction or control of Consultant. Any sub consultants retained by Consultant pursuant to this Agreement and the Project shall be subject to prior written approval of the City. The following subconsultants were included in the Consultant's Proposal and are hereby approved by the City for the Project: . Utility Coordination: EDM Engineering Solutions, Inc. . Geotechnical Engineering: Tierra Geotechnical, Inc. . Aerial Survey: Southern Resource Mapping 1.6 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. 1.7 PROGRAM MANAGER: The City has contracted the services of Hazen and Sawyer P.C. to act as Program Manager for the City's Right of Way Infrastructure Improvements Program (Program), of which this Project is a part. Hazen and Sawyer will function as a representative of the City in performance of its Program Management role, as detailed in Schedule "A" entitled "Scope of Services", attached hereto. 1.8 BASIC SERVICES: "Basic Services" shall include the architectural, landscape architectural, and/or engineering and related professional services relative to the Project, as hereinafter set forth, including: design, permitting assistance, bidding/award, and construction administration for the Project, as described in Article 2 herein and in Schedule "A" entitled "Scope of Services", attached hereto. 1.9 PROJECT: The "Project" shall mean the City Capital Project named the "North Shore and Park View Island Neighborhood Right of Way Improvement Project" that has been approved by the City Commission and as described in Schedule "A" entitled "Scope of Services", attached hereto. 3 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 1.9.1 PROJECT COST: The "Project Cost", as established by the City, shall mean the total cost of the Project to the City including: Construction Cost, professional compensation, land cost, if any, financing cost, materials testing services, surveys, contingencies and other miscellaneous costs. 1.9.2 PROJECT SCOPE: The "Project Scope" shall mean the description of the Project contained in Schedule "A" entitled "Scope of Services", attached hereto. 1.10 CONSTRUCTION COST: The "Construction Cost" for the Project shall mean the sum which is the total cost or estimated cost to the City of all elements of the Project designed or specified by the Consultant and approved by the City, including, at current market rates (with a reasonable allowance for overhead and profit), the cost of labor and materials and any equipment which has been designed, specified, selected or specifically provided for by the Consultant and approved by the City, and including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) of construction cost for rehabilitation of historic buildings, and not including the compensation of the Consultant and any subconsultants, the cost of land, rights-of-way, surveys, testing, or other reimbursable expenses. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsible bidder or proposer for any and all of such Work. 1.10.1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean an amount budgeted by the City for Construction Cost, as specified in the Project Scope in Schedule "A" entitled "Scope of Services", attached hereto. 1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean a forecast of Construction Cost prepared by the Consultant, as defined in attached Schedule "A" entitled 4 NORTII SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 "Scope of Services", for the guidance of the City. For Work which bids or proposals have not been let, the Construction Cost shall be the same as the latest Statement of Probable Construction Cost. The City shall have the right to verify the Statement of Probable Construction Cost or detailed cost estimate by the Consultant. 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this Agreement 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, construction industry price trends and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. 1.12 CONTRACTOR / CONTRACTORS: "Contractor" or "Contractors" shall mean those persons or entities responsible for performing the Work or providing the materials, supplies and equipment identified in the bid and Construction Documents for the Project. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement; the Agreement between City and Contractor; Contract for Construction; Conditions of the Contract for Construction (General Supplementary and other Conditions); Construction Documents; and addenda issued prior to execution of the Contract for Construction. A Modification is one of the following: (1) written amendment to this Agreement or the Contract for Construction signed by both parties; (2) an approved Change Order; (3) a Construction Change Directive; or (4) a written order for a minor change in the Work issued by the Consultant. 5 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean a legally binding agreement with Contractors. 1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans, specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.2 and approved by the City. 1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written order to the Consultant and / or Contractor 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 may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services described in Article 5 herein, which have been duly authorized in writing by the City Manager prior to commencement of same. 1.18 WORK: "Work" shall mean the work to be performed on the Project by the Contractor, pursuant to the applicable Construction Documents, whether completed or partially completed, and includes labor and materials, equipment, and services provided, or to be provided, by the Contractor to fulfill its obligations. 1.19 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, equipment and services provided, or to be 6 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 provided, by Consultant to fulfill its obligations herein. 1.20 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant and approved by the City as being within the Construction Cost Budget pursuant to the Statement of Probable Construction Cost provided by Consultant. "Base Bid" shall not include "Additive Alternates" or "Deductive Alternates". 1.21 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A - Schedule "A" entitled "Scope of Services.", attached hereto. 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. 1.22 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as described in Schedule "A" entitled "Scope of Services", together with the Basic Services and any Additional Services approved by the City, as described in Articles 2 and 5, respectively herein. ARTICLE 2. BASIC SERVICES The Consultant shall provide Basic Services for the Project as set forth hereafter. The Services for this Project will be performed by the Consultant upon receipt of a written 7 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 Notice to Proceed issued by the City Manager, or his designee, and Consultant shall countersign the Notice to Proceed. A separate Notice to Proceed shall be required for commencement of each Task, as discussed in attached Schedule "A" entitled "Scope of Services. " The Consultant's Basic Services shall consist of five Tasks (inclusive of design, bidding/award, construction administration and additional services) as described in attached Schedule "A" entitled "Scope of Services." The Consultant shall coordinate with sub consultants and other consultants, and conform to all applicable building 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 and Miami-Dade County), 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 shall insert the provisions of all required codes into the Contract Documents. 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 in the design of projects of this nature in South Florida. 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. Consultant warrants that it shall be responsible for the technical accuracy of it Contract Documents. 2.1 PLANNING SERVICES: Planning Services have been completed by others. The CONSULTANT shall review, 8 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 comment upon, and be guided by the existing Basis of Design Report as referenced in Schedule "A" entitled "Scope of Services". 2.2 DESIGN SERVICES: Consultant shall prepare Design Documents, as noted in attached Schedule "A" entitled "Scope of Services". 2.3 BIDDING AND AWARD SERVICES: Consultant shall provide bidding and award services as noted in attached Schedule "A" entitled "Scope of Services". 2.4 CONSTRUCTION ADMINISTRATION SERVICES: Consultant shall furnish construction administration servIces as noted 10 attached Schedule "A" entitled "Scope of Services". 2.5 ADDITIONAL SERVICES: Consultant shall provide Additional Services as defined in Article 5 herein. 2.6 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, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and services; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, specifications or other documents prepared by the Consultant, its employees, subcontractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City and its employees. 9 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 2.7 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: 2.7.1 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. 2.7.2 The parties agree that the Consultant's Services during all phases ofthis 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 submissions, 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 fully justified. 2.7.3 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 Project Coordinator, and others that have been contracted to perform Services and / or Work pertaining to the Project. While the Services to be provided by Consultant under this Agreement will be provided under the general direction of the Project Coordinator, it is the intent of this Agreement to allow the Consultant to coordinate the performance of all design and construction administration to the extent such coordination by the Consultant is permitted by the contracts for the design and construction administration. 2.7.4 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. 10 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27,2005 2.7.5 Whenever during the term of this Agreement, others are required to verify, review, or consider any work performed by Consultant, including but not limited to the design professionals, Contractors, and other consultants retained by the City, the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable public projects; or which are inconsistent with applicable laws, codes, ordinances, and regulations; or which are inconsistent with standards or decisions provided in writing by the Project Coordinator. Consultant will use reasonable care and skill in accordance with and consistent with customary professional standards in responding to items identified as discrepancies, errors and omissions by others. Consultant shall receive comments from reviewers via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be construed to mean as soon as possible under the circumstances, taking into account the requirements of the Project Schedule. 2.7.6. The City shall have the right at any time, and in its sole and absolute discretion, to submit for review to consulting engineers or consulting architects or other consultants, engaged by the City at its own expense for that purpose, any or all parts of the services performed by the Consultant, and the Consultant shall cooperate fully in such review at the City's request. 2.7.7 Consultant agrees to certify and warrant all estimates of Construction Cost prepared by Consultant. Said certifications shall be in a form approved by the City. 2.7.8 Consultant represents to City that all evaluations of the City's Project Budget, Consultant generated Statement of Probable Construction Cost, and detailed estimates represent Consultant's best judgement as a design professional familiar with the construction industry. Consultant cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by Consultant. II NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27,2005 2.7.9 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. 2.7.10 Consultant agrees to employ and designate in writing, within five (5) calendar days after receiving its initial Notice to Proceed, a qualified licensed professional to serve as the Consultant's project manager (herein after referred to as "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of Services to be provided and performed under this Agreement. The person selected by Consultant to serve as Project Manager shall be subject to approval and acceptance by City. Replacement (including reassignment) of said Project Manager shall not be made without the prior written approval of the City. Consultant further agrees to obtain a binding agreement with its Project Manager providing a minimum of six (6) months notice before assuming a different position, said notice may be waived by the City at its discretion. 2.7.11 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 or subcontractors engaged by Consultant, which request may be made by City with cause.< 2.7.12 Consultant herein represents to City that it has expertise in the type of professional services that will be performed and 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, as well as in accordance with applicable published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies having jurisdiction over the Project or the Services to be performed by Consultant hereunder. In the event of any conflicts in these requirements, 12 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 Consultant shall notify City of such conflict and utilize its best professional judgement to advise City regarding resolution of each such conflict. 2.7.13 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, sub consultants and subcontractors to comply with the provisions of this paragraph. 2.7.14 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 1.16, 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. 2.7.15 Consultant shall establish, maintain and categorize in accordance with City CIP central filing system, files of documents, letters, reports, prepare and take minutes of 13 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 every meeting, 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. 2.7.16 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. 2.7.17 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 which are caused by factors outside the control of Consultant, Consultant shall provide City with 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. 2.7.18 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 construction, building and health 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 design and construction of the Project in no way relieves the Consultant of its professional duties and responsibilities under applicable law and under the Contract Documents 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 services to be rendered under this Agreement (herein after 14 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 referred to as Project 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 1.16 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. 3.2 The City shall assist Consultant by placing at Consultant's disposal all information City has available pertinent to the Project, including previous reports and any other data relative to design or construction of the Project. It shall be fully understood that City, in making such reports, site information, and documents available to the Consultant is in no way certifying, representing and/or warranting as to the accuracy or completeness of such data including, but not limited to, any information provided in the Proposal and backup documentation thereto. Any conclusions or assumptions drawn through examination thereof shall be the sole responsibility of the Consultant and subject to whatever measure it deems necessary to final verification essential to its performance under this Agreement. 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 ofthe Project Coordinator, said work shall be deemed 15 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 to be within the original level of effort and deemed included as a Basic Service herein. 3.3 The City has established a Construction Cost Budget for the Project, as stated in Schedule A. 3.4 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 or vendors working on this Project for which Consultant has received payment from the City. 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, the City shall give prompt written notice thereof to the Consultant. 3.6 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. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreement. 3.7.1 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. 16 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 3.7.2 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. 3.7.3 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. 3.7.4 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. 3.7.5 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). 3.8 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. These authorizations shall include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans, reports, estimates, contracts and other documents submitted to the City by the Consultant. 3.8.1 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 ofthe Consultant's Services. The City 17 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27,2005 Manager, in his administrative discretion, may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 3.8.2 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. 3.8.3 The City Manager, or his designee, shall be the sole representative of the City authorized to issue a Notice to Proceed, as referenced in Section 2.2 and attached Schedule "A", entitled "Scope of Services." 3.8.4 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 may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. 3.8.5 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. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The Construction Cost Budget, as established by the City and stated in Schedule "A", shall not be exceeded without fully justifiable, extraordinary and unforeseen circumstances, such as Force Majeure, which is beyond the control of the parties. Any expenditure above this amount shall be subject to prior City approval by passage of an enabling resolution and amendments to the appropriate agreements relative to the Project, prior to any modification of the Construction Cost. Provided further, however, that even 18 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 in the event of a Force Majeure, as defined in Article 1.11, the City shall have no obligation to approve an increase in the Construction Cost Budget limitations established herein and, if such Budget is exceeded, the City Commission may, at its sole option and discretion, terminate this Agreement without any further liability to the City. 4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more than five percent (5%), the City Commission shall, at its sole discretion, have any of the following options: (1) give written approval of an increase in the Construction Cost Budget; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize a renegotiation of the Project within a reasonable time; (3) abandon the Project and terminate the Consultant's Services for the Project covered by this Agreement without further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the award within the Construction Cost Budget; or (5) cooperate with the Consultant in reducing the Project scope, construction schedule, and sequence of Work, as may be required to reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the Consultant shall provide such revisions to the Construction Documents, and provide rebidding services, as many times as reasonably requested by the City, as a Basic Service, with no additional cost to the City, in order to bring the bids within five percent (5%) of the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services for this Project will only be performed by the Consultant following receipt of a written authorization by the Project Coordinator prior to commencement of same. Such authorization shall contain a description of the Additional Services required; an hourly fee and or lump sum, as provided in Schedule "C" with an "Not to Exceed" amount on additional Reimbursable Expenses (if any); the amended Construction Cost Budget (if applicable); 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 19 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 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 time sheet and reimbursable expense reviews. 5.2 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, subject to the City's right to previously approve any change in Consultants as set forth in this Agreement. 5.3 Additional Services may consist ofthe following: 5.3.1 Serving as an expert witness III connection with any public hearing, arbitration proceeding or legal proceeding unless such preparation has arisen from the failure of the Consultant to meet the Standard of Care set forth in Article 2. 5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated at the City's request and outside the scope of the Work specified in the Construction Documents, after commencement of the Construction Phase. 5.3.3 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 ofthis Agreement. 5.3.4 Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise expressly provided for herein. To the extent Consultant's services are required in the event of a bid protest, due to a direct action or lack thereof by Consultant, Consultant shall participate in such activities at no additional cost to City. 20 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 ARTICLE 6. REIMBURSABLE EXPENSES 6.1 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". 6.2 Expenses subject to reimbursement in accordance with the above procedures may include the following: 6.2.1 The cost of testing or investigation of underground utilities, if authorized by the Project Coordinator. 6.2.2 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. 6.2.3 Expenses for reproduction and the preparation of special graphics for community workshops 6.2.4 Permit fees for all necessary City of Miami Beach agenCIes having jurisdiction over this project shall be waived by the City. Other permit fees shall be paid by the City. 21 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 ARTICLE 7. COMPENSATION FOR SERVICES 7.1 This Agreement is a Lump Sum Agreement. The Consultant shall be compensated at a Lump Sum not to exceed fee as listed in Schedule "B" for Basic Services, which for invoicing and tracking purposes, is based on the "Hourly Rate Schedule" presented in Schedule "C". Payments for Basic Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. Note that Payments shall be made in proportion to the Services satisfactorily performed in each Phase so that the payments for Basic Services for each Phase 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. 7.2 Additional Services authorized in accord with Article 5 will be compensated using the hourly rates forth in Schedule "C". Request for payment of Additional Services shall be included with the monthly Basic Services payment request noted in Article 7.1 above. All Additional Services must be approved by the Project Coordinator prior to commencement of same as noted in Article 5. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B" be exceeded without prior written approval from the Project Coordinator. No markup shall be allowed on subcontracted Additional Services. 7.3 Reimbursable Expenses, as defined in Article 6, shall be paid up to the "Not to Exceed" amount noted in Schedule "B". Request for payment of Reimbursable Expenses shall be included with the monthly Basic Services payment request noted in Article 7. Proper backup must be submitted with all reimbursable requests. No markup or administrative charges shall be allowed on Reimbursable Expenses. 7.4 The City and the Consultant agree in accordance with the terms and conditions of this Agreement that: 22 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27,2005 7.4.1 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. 7.4.2 If Task 4.0 - Construction Administration Services - , is not performed within the term defined in Schedule "D" and needs to be extended due to weather- related or Force Majeure delays, the parties may equitably adjust the extended term by mutual agreement. As such, Consultant may be compensated for said extension(s) as an Additional Services, which shall be approved pursuant to Article 5 herein and calculated as follows: a) up to sixty (60) calendar days of the equitably adjusted term will be at no cost to the City; and b) the remainder of the term, will be compensated at 80% of the monthly pro-ratio of Task 4.0 under Basic Services, as calculated in Schedule "B". 7.4.3 Commencing on October 1, 2005, the Hourly Billing Rate Schedule shown in Exhibit "C" may be adjusted annually based upon the Miami - Fort Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying the ratio of the April index divided by the previous year's index by the Hourly Rate Schedule to define the new Hourly Rate Schedule. The maximum increase will be limited to three percent (3%). 7.5 No retainage shall be made from the Consultant's compensation on account of sums withheld from payments to Contractors. 7.6 Method of Billing and Pavrnent. 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 as per Lump Sum Contract. In the event subconsultant work is accomplished utilizing the lump sum method, the percentage of completion shall be 23 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 identified. Billings shall also itemize and summanze 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. 7.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of Consultant's proper statement. 7.8 Final payment of the Consultant upon Project completion must be approved by the Mayor and City Commission. ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 8.1 Consultant shall keep such records and accounts and reqUIre any and all Consultant and 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 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 be kept, pursuant to Chapter 119, Florida Statutes, by Consultant in accordance with such statutes. ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 9.1 Electronic files of all documents, including, but not limited to, tracings, drawings, estimates, specifications, investigations 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) 24 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 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). 9.2 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. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 Termination For Lack Of Funds. The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding for the Project, the Project may be abandoned or terminated, and the City may cancel this Agreement as provided for herein without further liability to the City. 10.2 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. 10.2.1 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. In such event, the Consultant shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion (per original contract) of such incomplete Services, and the cost of completion of such Services which would have resulted from payments to the Consultant hereunder had the Agreement not been terminated. 25 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 10.2.2 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 7 herein and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 7. 10.2.3 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, specifications, correspondence, and all other relevant materials affected by such termination. 10.2.4 In the event of a termination for cause, no payments to the Consultant shall be made (1) for Services not satisfactorily performed and (2) for assembly of submittal of documents, as provided above. 10.3 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 fourteen (14) days prior to termination. In the event City terminates Consultant's services 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 7 herein, and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 7. 10.4 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 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 26 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 be made in accordance with Article 7 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. 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 10.5 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 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, specifications, 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. 10.6 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 11. INSURANCE 11.1 The Consultant shall comply throughout the term of this Agreement with the 27 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 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 III 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 within the statutory limits ofthe State of Florida. 11.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage to the Project Coordinator. 11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book and 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. 11.4 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 28 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 that the City shall be given thirty (30) days notice prior to expiration or cancellation of the policy. ARTICLE 12. INDEMNIFICATION 12.1 Consultant herein agrees to indemnify and hold harmless the City, 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 and other persons employed or utilized by the Consultant in the performance of the Agreement. This Article 12, and Consultant's indemnification contained herein, shall survive the termination and expiration of the Agreement. ARTICLE 13. VENUE 13.1 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. 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, 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. 29 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 ARTICLE 14. LIMITATION OF LIABILITY 14.1 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 fee under any 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 15. MISCELLANEOUS PROVISIONS 15.1 The laws of the State of Florida shall govern this Agreement. 15.2 Equal Opportunity Emplovrnent 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 orientation and will take affirmative steps to ensure that applicants are employed andl 30 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 employees are treated during employment without regard to sexual orientation, race, color, religion, sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or compensation; and selection for training, including apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action Policy. 15.3 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. 15.4 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. 31 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 15.5 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. 15.6 The Consultant, its consultants, agents and employees and sub contractors, 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 Proj ect. 15.7 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. 15.8 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 16. NOTICE 16.1 All written notices given to City by Consultant shall be addressed to: 32 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 City Manager's Office c/o Assistant City Manager Robert Middaugh City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: Jorge Chartrand Acting Capital Improvement Projects Director Capital Improvement Project Office City of Miami Beach 1701 Meridian Avenue, Suite 201 Miami Beach, Florida 33139 All written notices given to the Consultant from the City shall be addressed to: Calvin, Giordano & Associates, Inc. John Downes, P.E. Vice-President 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. 33 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY CLERK MAYOR -~~~ CALVIN, GIORDANO & ASSOCIATES, INC. Attest ~'C~' '11-. . aflt<- . Secretary President '~mjs bl()(dttno Print Name APPROVED AS TO FORM & LANGUAGE & FOR CUTlOM J ~ /'t-W- OUt 34 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CALVIN, GIORDANO AND ASSOCIATES, INC. SCOPE OF AlE CONSULTANT SERVICES 35 SCHEDULE A NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT CITY OF MIAMI BEACH, FLORIDA SCOPE OF AlE CONSULTANT SERVICES CONSULTANT: CALVIN, GIORDANO & ASSOCIATES, INC. BACKGROUND The City of Miami Beach (CITY) has developed its multi-million dollar, multi-year "Planned Progress" Capital Improvement Program to rebuild the City's existing roads, infrastructure, utilities, parks and facilities, and to build new capital projects where they are needed. The Program will dramatically improve the quality of life of the City's residents and complement the enormous amount of private reinvestment that has taken place in the City. As part of the "Planned Progress" Program, comprehensive right of way improvement projects are being undertaken in each of 13 City neighborhoods including the North Shore and Park View Island neighborhood. The North Shore and Park View Island neighborhood is bounded on the east by the North Shore Open Space Park, to the south by 65th Street, to the west by the Tatum Waterway, and to the north by 87'h Street. The North Shore and Park View Island Neighborhood ROW Improvement Project will encompass comprehensive streetscape and water supply improvements as previously identified by another Consultant and documented in the City Commission approved North Shore Basis of Design Report dated July 30, 2003. The estimated construction budget for the project is $7,940,000, which includes a construction change order contingency budget of $410,000. This estimated construction total includes $3,610,000 for Streetscape / Section 108 improvements, and $3,920,000 for Water Improvements that, as a minimum, shall fund the following: North Shore Calvin Giordano Scope 072705.doc Page 1 of 25 STREETSCAPE AND SECTION 108 IMPROVEMENTS $3,610,000 (construction) · 72"d Street - Bumpouts, planters, lights, crosswalks, additional sidewalk by park. Median wlparking & milling and resurfacing( wIno parking blw Harding and Collins) · 73rd Street - New median, enhanced median, bumpouts, planters, lighting, mill & resurface · Parkview Island - Planters, bumpouts, lighting, stripe parking, mill and resurface, sidewalk · Dickens Avenue from 72"d to 79th Streets - Bumpouts, crosswalks, sidewalk repair, stripe parking, milling and resurfacing · 85th Street - Bumpouts, crosswalks, sidewalk repair, stripe parking, milling and resurfacing · Byron Avenue 80' ROW - Bumpouts, crosswalks, sidewalk repair, median, milling and resurfacing, stripe · Tatum Waterway Drive - Traffic Study, Bumpouts, crosswalks, sidewalk repair, milling and resurfacing · Harding Entrance - 5-ft planting strip both sides of street, palm trees, uplighting · Neighborhood wide improvements - Repair 20% of all sidewalks · Bonita Drive - additional sidewalk · Paving costs covered by GO Bond (1/2 milling & resurfacing) -Bonita Drive, Collins Ct., 74th, 75th, 80th, 81st, Carlyle, Abbott, Tatum, Gary, Wayne, Byron, Carlyle, Dickens, Tatum, Byron, 77, 78, 79, 85 · Additional Bumpouts, 74th, 75th, Carlyle (between 73fd &75th) WATER IMPROVEMENTS $3,920,000 (construction) · Replacement of Discretionary Waterlines with 8-inch diameter pipes Per attached Exhibit A The CITY has contracted the services of Hazen and Sawyer, P.C. to function as PROGRAM MANAGER (PROGRAM MANAGER), and act as the CITY's agent with regard to all aspects of this scope of services. Hence, the PROGRAM MANAGER will serve as the focal point of contact with the Architectural! Engineering firm (CONSULTANT). However, the CITY will retain contractual agreement responsibilities with the CONSULTANT firm. Due to the large number of projects that will be ongoing concurrently during the Program, the CITY and PROGRAM MANAGER have developed a Program Work Plan (PWP) detailing procedures and policies for the overall ROW Program. This PWP dictates the respective responsibilities and levels of authority for all program team members. Organizational structure flowcharts and team member duties are included to establish a working understanding regarding reporting and communication relationships on the Program. The PWP includes a listing of design and construction phase deliverables from the various AlEs and Contractors, along with proposed CITY and PROGRAM MANAGER duties during the planning, design, bid, award and construction phases of the Program. One copy of the PWP will be given to the CONSULTANT, who agrees to comply with procedures set forth therein. North Shore Calvin Giordano Scope 072705.doc Page 2 of 25 SCOPE OF SERVICES The purpose of the North Shore and Park View Island ROW Infrastructure Project is to provide for the restoration and enhancement of streetscapes and infrastructure, consistent with existing available master plans, qualified decisions of applicable CITY Departments, and community preferences. The proposed project shall include potable water infrastructure and restoration and enhancement of the neighborhood's hardscape, landscape, streetscape, irrigation, and lighting. Drainage and sanitary sewer upgrades are not anticipated as part of the Project. The work effort shall require that all existing and proposed aboveground improvements be coordinated with existing and proposed below underground infrastructure improvements, which may include the following tasks: . Repair or replacement of water mains. · Coordination with other entities, including but not limited to, Florida Power and Light Company, BellSouth, Atlantic Broadband, and others as may exist within the public right of way · Coordination with Public and Private Developments that are, or will be implementing improvements adjacent to the City Right of Way. TASK 1 - PLANNING SERVICES The CITY has completed Task 1 - Planning Services. A final Basis of Design Report has been prepared summarizing the accepted design concept, budget level cost estimate, schedule and other issues deemed important to the implementation of the project. The final Basis of Design Report was presented to the City Commission and approved on July 30,2003. Design Services will be based on this document. THE CONSULTANT shall review the Basis of Design Report with particular attention to the cost estimates. The CONSULTANT shall develop a cost estimate for the improvements outlined therein. The CONSULTANT shall further assume responsibility for cost control and potential redesign based upon this cost estimate. Norlh Shore Calvin Giordano Scope 072705.doc Page 3 of 25 TASK 2 -DESIGN SERVICES The purpose of this Task is to establish requirements for the preparation of contract documents for the Project. Note that Task 2.1 requires that the CONSULTANT perform a variety of forensic tasks to verify, to the extent practicable, existing conditions and the accuracy of base maps to be used for development of the contract drawings. Task 2.2 discusses requirements for the preparation of contract documents, inclusive of drawings, specifications and front-end documents. Task 2.3 establishes requirements with regard to constructability and value engineering reviews to be performed by others. Task 2.4 establishes requirements for the preparation of opinions of total probable cost by the CONSULTANT. Task 2.5 specifies requirements for review of contract documents with jurisdictional permitting agencies prior to finalization. Task 2.6 establishes requirements for developing final (100%) contract documents. To facilitate the implementation of a Public Information Program, the CONSULTANT shall provide electronic files of all project documents, as requested by the CITY and/or PROGRAM MANAGER for posting on the program website. The CONSULTANT shall provide the electronic files for the front-end documents, technical specifications, and construction drawings in MS- Word, AutoCAD and Adobe Acrobat file format. Due to the large number of projects that will be ongoing coincidentally during the Program, the CITY and PROGRAM MANAGER have developed a Design Standards Manual (DSM) detailing procedures, standards, and policies regarding design of all Program projects. One copy of the DSM will be given to the CONSULTANT, who agrees to comply with all procedures set forth therein. The CONSULTANT retains all responsibilities for providing and ensuring compliance of all applicable information I requirements in the DSM to all of its sub-consultants and agents. Task 2.1 - Field Verification of Existina Conditions: The CONSULTANT shall perform a topographic survey of the existing right of way areas to be impacted by construction activities under the scope of this project. The topographic survey shall meet the minimum requirements noted in the attachment to this scope of services entitled "Minimum Design Features to be Shown on Drawings". In addition, note that the topographic survey shall include sufficient detail to allow for the smooth transition from public right of way to adjacent public I private property in the areas where existing improvements will be refurbished and will require transition to adjacent improvements. The survey shall be performed by a Professional Land Surveyor in the State of Florida and shall meet the minimum technical standards identified in Chapter 61G17-6, FAC. All survey files shall be prepared in AutoCAD Version 2000 format with a layering system as directed by the CITY in the DSM. As a minimum, the survey shall address the following: Norlh Shore Calvin Giordano Scope o 72705. doc Page 4 of 25 . Topographic survey shall consist of establishing a baseline with 1 DO-foot stations, and identify right-of-way monuments and sectionalized land corners. Baseline of survey shall be tied into the right-of-way and sectionalized land monuments. Right- of-way information shall be obtained from available records by the CONSULTANT. · The CONSULTANT shall set benchmarks at convenient locations along the corridor to be used during both the design and construction phases of the project. As a minimum, permanent benchmarks shall be set at 1,OOO-foot intervals along the alignment. In addition, the CONSULTANT shall tie-in at least two existing government County monuments to vertical circuit and shall take cross sections at 1 DO-foot intervals along all project corridors. The benchmarks shall be derived from existing government benchmarks and be carried into the proposed system using Second Order, Class II procedures A full listing of benchmark locations shall accompany the survey data. · Cross section elevations shall define all grade breaks such as intersections, swale, edge of pavement, pavement centerline, curb and gutter, edges of sidewalk, driveway connections, right-of-way line, edge of a 25-foot right-of-way offset, encroachments (both natural and built-in), etc. · The CONSULTANT shall locate and identify existing surface improvements I topographic features that are visible along the corridor, including but not limited to the following: · Existing valve boxes, water I electrical meter boxes, electrical pull boxes, telephone I cable risers, fences, hydrants, etc. · Aboveground and underground utilities invert elevations of accessible underground utilities, wood I concrete utility poles, culverts, guardrails, pavement limits, headwalls, endwalls, manholes, vaults, mailboxes, driveways, side streets, trees, landscaping, traffic signage and any other noted improvements. Survey shall identify fence material/height, and driveway construction materials. Landscaping materials with a trunk diameter greater than 6 - inches in diameter shall be identified individually. Materials with smaller diameters shall be illustrated in groupings. North Shore Calvin Giordano Scope 072705.doc Page 5 of 25 . Topographic survey I base map shall be prepared in AutoCAD Version 2000 and submitted on recordable Compact Disk with one signed and sealed copy on 22-inch by 34-inch bond paper. Note that all standards from the DSM shall apply to the development of the survey document. In addition, the CONSULTANT shall submit 3 copies of a preliminary Draft Survey for CITY and PROGRAM MANAGER review and comment. The CONSULTANT shall prepare a final survey submittal package based on addressing any I all comments submitted through this review process, to the satisfaction of the CITY. All CAD mapping shall be performed to a scale of 1: 1 in the World Coordinate System. Text size shall be 100 Leroy for a final product at 1=20 units. · All corridor surveys shall indicate geometry of perimeter private property plats (inclusive of fences, landscaping and driveways) within the specified 25-ft setback. Upon completion and acceptance of the final survey, the CONSULTANT shall forward same to the following agencies with a request to mark I identify respective utilities on the survey base map. The CONSULTANT shall coordinate this effort with each agency in an effort to identify the location of all existing underground utilities. The CONSULTANT shall incorporate utility owner markups I edits into its survey base map file. The CONSULTANT shall contact the following entities and request that they each verify locations of their existing improvements in the affected areas: . Florida Power and Light Company . BellSouth . Miami-Dade Water and Sewer Authority . Charter Communications (Atlantic Broadband) . Natural Gas provider . City of Miami Beach Public Works Department . Others as deemed necessary by the CONSULTANT North Shore Calvin Giordano Scope 072705.doc Page 6 of 25 The CONSULTANT shall also request information regarding any future proposed improvements by each agency. To facilitate tracking of the progress made in this work effort, the CONSULTANT shall copy the PROGRAM MANAGER on all correspondence with each agency. In addition, the CONSULTANT shall keep a readily accessible and properly labeled / collated file of all correspondence and markups provided to it by the various agencies for reference use by the CITY, PROGRAM MANAGER and/or CONSULTANT, during construction. Based on the collected data, the CONSULTANT shall develop detailed design base maps for the project. The maps shall include an overall key map and partial plans scaled at 1-inch equals 20 feet or a scale that better suits the project requirements. It is important to note that the CONSULTANT shall illustrate proposed water and stormwater utility improvements on the base maps, with a subsequent review scheduled with CITY and PROGRAM MANAGER staff to determine locations where additional field verifications, via "Soft- Dig" underground identification services, shall be implemented. Deliverables: - Perform forensic work as noted to develop final survey maps. Deliver three (3) draft five (5) final signed and sealed surveys to the PROGRAM MANAGER. Schedule: - Within 80 working days after Task 2 - Design Phase Notice to Proceed. Task 2.2 - Detailed Desian: The CONSULTANT shall prepare all contract documents in compliance with DSM standards. Technical specifications shall be prepared in conformance with Construction Specifications Institute (CSI) formats. The PROGRAM MANAGER, through the DSM, shall furnish the CONSULTANT with standard CITY specification outlines for Divisions 1, 2, 3 and 15 as noted in the DSM. The CONSULTANT shall refrain from amending FDOT, or other reference standard specifications, for inclusion in the detail design documents. The CONSULTANT shall provide additional sections that the CONSULTANT may require, not already provided through the CITY standards, subject to review and comment by the CITY and/or PROGRAM MANAGER. Any supplier listings required by specifications shall include a minimum of two named supplier's and shall meet all applicable CITY and State of Florida procurement codes. Specifications shall be provided to the CONSULTANT in "Microsoft MS-Word" format. In addition, the CONSULTANT shall use the same software in all project related work. In addition, the CONSULTANT shall North Shore Calvin Giordano Scope o 72705. doc Page 7 of 25 utilize base front-end documents provided by the CITY. The CONSULTANT shall edit accordingly to result in a project specific document. Any requirements for Supplementary General Conditions shall be subject to review and acceptance by the CITY. The CONSULTANT shall attend monthly Design Progress Meetings with CITY and PROGRAM MANAGER staff. The CONSULTANT shall submit monthly invoice requests for its services, accompanied by a design progress schedule update form as provided by the PROGRAM MANAGER. Invoices shall be prepared in a format as provided by the CITY, through the PROGRAM MANAGER. As a part of this effort, the CONSULTANT shall update and submit the schedule update form. Should the PROGRAM MANAGER determine that the CONSULTANT has fallen behind schedule; the CONSULTANT shall provide a recovery schedule that shall accelerate work to get back on schedule. For purposes of this Scope of Services, the following will be considered the minimum effort to be provided by the CONSULTANT for establishing detail design milestone submittals. Note that CITY review procedures, and CONSULTANT responsibilities associated with such, are discussed under Task 2.3: · The 30% design completion stage milestone shall consist of the completed survey / base map work as identified in Task 2.1 with all proposed improvements identified in approved BOOR illustrated in plan view at a scale of 1-inch equals 20 feet. A key map shall also be provided on all sheets that illustrates the relationship between the drawings and their respective location within the project area. A Table of Contents identifying the anticipated technical specifications to be incorporated into the work shall also be submitted. It is important to note that as a part of the 30% design completion stage effort, the CONSULTANT shall prepare detailed tabulation of all encroachments within the public right-of-way in the project area. The tabulation shall be presented in a format that identifies those encroachments that exist within the right-of-way and do not require removal in order to construct the project and those encroachments required to be removed in order to implement the project components. This tabulation shall include, at a minimum, description of the encroachment, location (block / lot number or physical address), a description identifying the North Shore Calvin Giordano Scope 072705.doc Page 8 of 25 encroachment, and a justification I reason why the encroachment must be removed (to be provided only for those encroachments required to be removed to implement the project components). The PROGRAM MANAGER will provide the CONSULTANT with an "Excel" spreadsheet template for mandatory use in preparation of the listing. Please note that the CONSULTANT shall be required to submit a "Draft" listing for review and comment, and make subsequent revisions as noted by the CITY, prior to submitting a Final Encroachment listing. · The 60% design completion stage milestone shall consist of plan and profile views of all proposed improvements, with all applicable sections and construction details. Note that the respective profile for each plan shall be included on the same sheet. In addition, a reduced scale key map shall be provided on each sheet to allow the reviewer a simple means to locate the applicable work. Prior to the preparation of the 60% design completion stage drawings, the CONSULTANT shall incorporate changes to its design based upon its underground utility verification efforts and review comments received, as noted in Task 2.3 below. In addition, the CONSULTANT shall include draft technical specifications and a draft schedule of prices bid (bid form) identifying the items to be bid by the prospective contractors with the submittal. Also, this submittal shall include the CONSULTANTs "Budget" level opinion of probable cost as defined by the American Association of Cost Engineers with the submittal. It is anticipated that the CITY will be at or near completion of reviewing the CONSULTANTs Final encroachment listing. When completed, the listing will be returned to the CONSULTANT, who will revise its documents to reflect final CITY direction on the acceptance I rejection of CONSULTANT recommendations regarding the disposition of encroachments on the project. The CONSULTANT shall demonstrate compliance with this requirement at the 90% design completion stage submittal noted below. · The 90% design completion stage milestone shall consist of a near final construction document set including the front-end documents (general and supplemental conditions), technical specifications and construction drawings for all work proposed to be completed. The CONSULTANT shall include detailed construction sequencing restrictions for the PROGRAM MANAGER's review with North Shore Calvin Giordano Scope 072705.doc Page 9 of 25 this submittal. Prior to the preparation of the 90% design completion stage drawings, the CONSULTANT shall incorporate changes to its design based upon review comments received, as noted in Task 2.3 below In addition, the CONSULTANT shall provide its "Definitive" level opinion of probable cost as defined by the American Association of Cost Engineers with this submittal. · The 100% design completion stage milestone shall consist of the 90% documents updated to include all constructability and design review comments as may be provided by the CITY, PROGRAM MANAGER and/or jurisdictional review agency. This set of documents will be used by the CONSULTANT to implement City of Miami Beach Building Department Permitting Reviews as noted in the PWP. Deliverables: - Furnish fifteen (15) sets each of the 30, 60, 90 and 100 percent design completion stage documents to PROGRAM MANAGER, as applicable (ten full size and five half size for each submittal) - Prepare and update project invoices and schedule tracking spreadsheets, on a monthly basis. - Attend monthly design progress meetings with CITY and PROGRAM MANAGER staff. Schedule: - Complete 30 percent document submittal within 80 working days after the Task 2 - Design Phase Notice to Proceed. - Complete 60 percent document submittal within 160 working days after Task 2 - Design Phase Notice to Proceed. -Complete 90 percent document submittal within 240 working days after Task 2 - Design Phase Notice to Proceed. -Complete 100 percent document submittal within 300 working days after Task 2 - Design Phase Notice to Proceed. North Shore Calvin Giordano Scope o 72705. doc Page 10 of 25 Task 2.3 - Desian I Constructabilitv Review: To verify that the CONSULTANT is in compliance with required BOOR, DSM and PWP requirements, the CITY will conduct a series of design submittal reviews on all design project documents, inclusive of cost estimates at the 30, 60 and 90% design completion stage submittals. Note that the 100% design completion stage submittal will be used by the CONSULTANT to permit the project through all internal CITY reviews as noted in the PWP. The purpose of these reviews shall be to verify that the documents are consistent with the design intent. These documents shall be furnished as bound 8-1/2-inch by 11-inch technical specifications and full-size (22-inch by 34-inch) and half size (11-inch by 17-inch) drawings as noted in the Task 2.2 deliverables. The PROGRAM MANAGER and applicable CITY Departments shall perform reviews on these documents and provide written comments (in "Excel" spreadsheet format) back to the CONSULTANT. Following receipt of comments by the CONSULTANT, a meeting may be scheduled between the CITY, the CONSULTANT and PROGRAM MANAGER, to discuss the intent and review of the comments. Subsequently, the CONSULTANT shall address how each comment was resolved, to the PROGRAM MANAGER, within 10 working days after the review session and/or receipt of the comments. The responses shall be in the spreadsheet format provided to the CONSULTANT. In addition, the CONSULTANT shall revise its documents to address all review comments accordingly, to the satisfaction of the CITY. In addition, the PROGRAM MANAGER will perform constructability reviews of the design documents relative to value, construction sequencing and bid format. These reviews shall be based upon 60 and 90 percent design submittals received from the CONSULTANT and shall be conducted concurrently but separately from the 30, 60 and 90 percent design reviews noted above. These constructability review meetings shall be held with the CONSULTANT and the CITY representatives to discuss the CONSULTANT's proposed construction sequencing restrictions, and bid formats, and shall be performed by the PROGRAM MANAGER. The CONSULTANT shall note that the CITY's / PROGRAM MANAGER's review of the contract documents does not relieve the CONSULTANT from its responsibility to the CITY with regard to the quality and completeness of its contract documents. Deliverables: Attend meetings with the CITY and PROGRAM MANAGER staff to review and discuss design Norlh Shore Calvin Giordano Scope 072705.doc Page 11 of 25 constructability and value comments. Prepare written responses to comments made during reviews. Schedule: Complete concurrently with 300 working day Design Phase schedule. Task 2.4 - Cost Opinions: The CONSULTANT shall prepare opinions of probable construction costs for the 60 and 90% design completion stage submittals, as well as the final (100 percent) completion stage submittal. The accuracy of the cost estimate associated with the 60 percent completion stage shall be +30% to -15% "Budget" Level as defined by the American Association of Cost Engineers. The accuracy of the cost estimate associated with the 90 and 100 percent completion stage submittals shall be a +15% to -5% "Definitive" Level Estimates as defined by the American Association of Cost Engineers. All estimates shall be submitted in Microsoft "Excel" format in accordance with the template supplied by PROGRAM MANAGER. All estimates shall be furnished bound in 8-1/2-inch by 11-inch size. Based upon the CONSULTANT's cost estimate, the CITY will advise the CONSULTANT if portions of the project need to be deleted, phased and/or bid as alternate bid items to satisfy existing fiscal constraints. In this effort, the CONSULTANT may be required to attend a series of meetings and develop alternative cost savings options for CITY consideration, if the estimates show that the projected project cost will exceed the target budget. The CONSULTANT shall revise the contract documents to reflect necessary revisions to meet budget parameters at no additional cost accordingly. Deliverables: - Furnish fifteen (15) sets of 60, 90 and 100 percent completion stage cost estimates to PROGRAM MANAGER concurrently with the design submittals noted in Task 2.2. - Attend meetings with the CITY and PROGRAM MANAGER staff to review and discuss cost estimates. This Task includes development of any required cost savings alternatives, and implementation / revision of documents to North Shore Calvin Giordano Scope 072705.doc Page 12 of 25 address such items, as necessary to meet established budget parameters. Schedule: - Complete concurrently with 300 working day Design Phase schedule. Task 2.5 - Community Desion Review Meetinas: The CONSULTANT shall attend and participate in Community Design Review Meetings (CDRMs) to review the design progress and concept at different progress levels during the design. The CITY will schedule, find locations for, and notify residents of all such meetings. The CONSULTANT shall prepare draft meeting minutes and forward them to PROGRAM MANAGER, who shall review, provide comments and distribute, accordingly. The CONSULTANT shall prepare for, attend and present its documents at up to two (2) CDRMs. Meetings shall be scheduled at the 60% and 90% design completion stages, respectively. Note that presentation format shall consist of a brief Power Point presentation to review Project status, plus review of actual full size plans for each project. The CONSULTANT shall provide sufficient staff at the meeting to address concerns by residents at multiple plan stations. It is anticipated that the CONSULTANT will attend one Pre-CDRM meeting with CITY and PROGRAM MANAGER staff to review the proposed format of the presentation for each planned CDRM. Task 2.6 - Document Revisions: Based upon the input provided by the residents at the CDRM, the CONSULTANT shall incorporate necessary contract document revisions, as approved by the CITY. Task 2.7 - Permittina Reviews: The CONSULTANT shall prepare applications and such documents and design data as may be required to procure approvals from all such governmental authorities that have jurisdiction over the Project(s). The CITY will pay all permit fees. The CONSULTANT shall participate in meetings, submissions, resubmissions and negotiations with such authorities. The CONSULTANT shall respond to comments by such authorities within ten working days of receipt of comments unless a different time is agreed to by PROGRAM MANAGER. It is the intent of this scope of services that the CONSULTANT be the responsible party for formally transmitting and receiving permits to and from the respective jurisdictional authorities. However, since the PROGRAM MANAGER is to track and monitor progress on the preparation and review of permits and subsequent requests for information, the CONSULTANT shall copy the PROGRAM MANAGER on all permit related correspondence. North Shore Calvin Giordano Scope o 72705. doc Page 13 of 25 This includes CONSULTANT generated minutes from meetings held with related parties. The PROGRAM MANAGER will forward copies of such documents to the CITY as appropriate. It is recognized by CITY that the time period required for obtaining permits is beyond the control of the CONSULTANT, except with regard to issues concerning the permittability of the proposed design and the CONSULTANT's ability to respond to permitting agency requests for information in a timely manner. At the time of scope preparation, the following governmental authorities that have or may have jurisdiction over Project have been identified: · United States Environmental Protection Agency · U.S. Army Corps of Engineers · Florida Department of Transportation · Florida Department of Environmental Protection · South Florida Water Management District · Miami-Dade Water and Sewer Authority · Miami-Dade Department of Public Works · Miami-Dade Department of Health and Rehabilitative Services · Miami-Dade Department of Environmental Resource Management · The City of Miami Beach Building Department · The City of Miami Beach Planning Department · The City of Miami Beach Public Works Department Note that the CITY's failure to identify governmental authorities that have jurisdiction over Project at this time does not relieve the CONSULTANT from the responsibility to procure all requisite permits. However, an equitable adjustment to the CONSULTANT's compensation may be negotiated if deemed appropriate by the CITY. Deliverables: Correspond with noted jurisdictional authorities to establish permitting requirements. Norlh Shore Calvin Giordano Scope 072705.doc Page 14 of 25 Revise documents and respond to permitting inquiries as required. Attend meetings with the CITY, PROGRAM MANAGER and/or permitting agency staff as required to review, discuss and finalize permit procurement Schedule: Complete concurrently with 300 working day Design Phase schedule. Task 2.8 - The CONSULTANT's QAlQC of Desian Documents: The CONSULTANT shall establish and maintain an in-house Quality Assurance / Quality Control (QA/QC) program designed to verify and ensure the quality, clarity, completeness, constructability and bid ability of its contract documents. To this end, the CONSULTANT shall provide the CITY and PROGRAM MANAGER with a written narrative detailing its QA/QC program tasks and how it is to be implemented over the course of this project. The CITY and/or PROGRAM MANAGER, at its discretion may require that the CONSULTANT attend meetings to review the status and present results of its QA/QC efforts. Items to be addressed may include, but shall not be limited to, review of specifications by respective technical experts and a "Red i-check" type review of the documents to identify conflicts and inconsistencies between the various project disciplines. TASK 3 -BIDDING AND AWARD SERVICES Please note that the Tasks below address the level of service required for a traditional Advertise / Bid / Award process. As an alternative to this traditional bidding process outlined herein, the City may consider implementing the project via the Job Order Contract (JOC) system. If such decision is made, it is understood that the Consultant's hours assigned to traditional bidding tasks would be re-distributed, on a not to exceed basis, to complete tasks related to procurement of the job through the JOC system, including, but not limited to the following: . Participation at the Joint Scope Meeting · Assistance in filling out JOC standard forms, including Brief Request for Proposal and Notice to Proceed (Suggested Language Only. City to input forms into system) · Review of JOC unit cost proposal North Shore Calvin Giordano Scope 072705.doc Page 150'25 . Participation in negotiation meetings with JOC Contractor Note that all other duties of the CONSULTANT are not affected by the use of the JOC system. Task 3.1 - Construction Contract Document Review: The CONSULTANT shall assist the CITY in the bidding and award of each construction contract. The PROGRAM MANAGER, through the CITY, shall transmit contract documents prepared by the CONSULTANT to the CITY's Risk Management, Legal and Procurement Departments for verification of appropriate insurance, form and bonding requirements. The CONSULTANT shall assist PROGRAM MANAGER in this effort by providing three copies of each Construction Contract Document and participating in meetings, submissions, resubmissions and discussions with these departments, as necessary. The CONSULTANT shall address and re-submit corrections to any CITY comments within ten calendar days of receipt of comments unless a different time schedule is agreed to by the PROGRAM MANAGER. The CONSULTANT's compensation has been based upon one meeting with these departments. Task 3.2 - Bid Document Deliverv: The CONSULTANT shall provide the PROGRAM MANAGER with reproducible, camera ready sets of contract documents. These documents shall include responses to all comments obtained during permit reviews and shall incorporate all corrections required by the permitting agencies. The CITY Procurement Department shall reproduce documents and handle the advertising, distribution, sale, maintenance of plan holder lists and other aspects of bid document delivery to prospective Bidders. Task 3.3 - Pre-Bid Conference and Bid Openina: The PROGRAM MANAGER will conduct one pre-bid conference. The CONSULTANT shall attend each pre-bid conference and each bid opening. Task 3.4 - Addenda Issuance: The CONSULTANT shall provide, through the PROGRAM MANAGER, timely responses to all inquiries received by the CITY from prospective bidders. These responses shall be prepared as written addenda, with the format for such addenda as provided to the CONSULTANT by PROGRAM MANAGER. These queries and responses shall be documented and a record of each shall be transmitted to the PROGRAM MANAGER on a same day basis. The CONSULTANT shall prepare necessary addenda as requested by PROGRAM MANAGER. The CITY will distribute addenda to all plan holders of record accordingly. North Shore Calvin Giordano Scope 072705.doc Page 160(25 Task 3.5 - Bid Evaluation: Within five calendar days of receipt of bids, the CITY will forward Bids to the CONSULTANT, who in turn shall evaluate bids for completeness, full responsiveness and price, including alternative prices and unit prices, and shall make a formal written recommendation to the CITY regarding the award of the contract. Non-technical bid requirements shall be evaluated by others. This scope of services includes no allowance for the CONSULTANT's time to assist the CITY in the event of a bid protest. To the proportionate extent the CONSULTANT's services are required in the event of a bid protest, due to a direct action or lack thereof by the CONSULTANT, the CONSULTANT shall participate in such activities at no additional cost to the CITY. Task 3.6 - Contract Award: The CONSULTANT shall provide eight (8) sets of Construction Contract Documents, inclusive of Addenda, for execution by the CITY and the successful bidder within five calendar days of request by the CITY. Task 3.7 - As- Bid Contract Documents: After contract award and prior to the preconstruction conference, the CONSULTANT shall prepare As-Bid construction contract documents, which incorporate the following items into the construction contract documents: · Contractor's bid submittals, including but not limited to, bid proposal, insurance, licenses, etc. · Amend ! modify front-end documents and ! or technical specifications to incorporate changes made via contract addenda. · Revise construction contract drawings to include modifications ! revisions incorporated via contract addenda as well as the previously incorporated permit review comments. The CONSULTANT shall prepare As-Bid construction contract documents and reproduce fifteen (15) sets for distribution to PROGRAM MANAGER within ten (10) calendar days after City Commission approval! contract execution. The following apply to Task 3.1 through 3.7: Deliverables- - Attend and participate in Pre-bid conferences and bid openings. North Shore Calvin Giordano Scope 072705.doc Page 17 of 25 - Respond to questions from prospective bidders and prepare Addenda for distribution by others. - Prepare recommendation of award letter Provide eight (8) sets of contract documents for contract execution - Prepare As-Bid contract documents and reproduce fifteen (15) sets and forward to PROGRAM MANAGER. Schedule: - Upon receipt of Task 3 Bidding and Award Services Notice to Proceed and within 120 working days TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES The CONSULTANT shall perform the following tasks related to the construction administration of the Project(s). These tasks shall be performed during the duration of all construction. Due to the extensive amount of detailed procedures required to properly manage construction projects, the PROGRAM MANAGER has developed a Construction Management Manual (CMM) for the construction phase of the Infrastructure Improvement Program. This CMM augments the general program guidelines established in the Project Work Plan (PWP), as provided to the CONSULTANT by the PROGRAM MANAGER at the commencement of the Project, and provides uniform procedures and guidelines for managing the interface between the CITY, Contractor, PROGRAM MANAGER and CONSULTANT staffs. It is anticipated that the construction timeframe will be approximate 24 months. Task 4.1 - Pre-Construction Conferences: The CONSULTANT shall attend one pre- construction conference for each Project. The PROGRAM MANAGER will prepare and distribute meeting minutes to all attendees and other appropriate parties. At this meeting, it is anticipated that the PROGRAM MANAGER will issue a Limited Notice to Proceed. A final Notice to Proceed shall be issued upon receipt of a final schedule and procurement of all applicable construction permits from the Contractor. Deliverables: Attend and participate in one pre-construction conference for each project As scheduled by PROGRAM MANAGER after receipt of Task 4 Notice to Proceed. Schedule: North Shore Calvin Giordano Scope o 72705. doc Page 180'25 Task 4.2 - Weekly Construction Meetinas: The CONSULTANT shall attend weekly construction meetings with the Contractor, PROGRAM MANAGER and applicable CITY representatives on each Project. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals and contract document clarifications and interpretations. In addition, the Contractor shall furnish a two-week look ahead work schedule to allow for proper coordination of necessary work efforts. These meetings shall also serve as a forum for discussion of construction issues, potential changes I conflicts and any other applicable matters. The meetings may include site visits to visually observe I address construction related concerns. The site visits shall be separate and distinct from the "Specialty Site Visits" discussed under Task 4.6. The PROGRAM MANAGER will prepare and distribute meeting minutes to all attendees and other appropriate parties. Deliverables: - Attend and participate in weekly construction progress meetings Schedule: - Weekly throughout the project duration. Task 4.3 - Reauests for Information / Contract Document Clarification (RFls / CDCs): The PROGRAM MANAGER will receive, log and process all RFls / CDCs. Whenever an RFI involves the interpretation of design issues or design intent, the PROGRAM MANAGER will forward the RFI to the CONSULTANT, who shall prepare a written response in a timely matter and return it to the PROGRAM MANAGER. In addition, the CONSULTANT may be requested by the PROGRAM MANAGER to prepare and forward CDCs should certain items within the contract documents require clarification. Deliverables: Respond to those RFl's that involve design interpretations and return to PROGRAM MANAGER's office. Issue CDCs as required. Schedule: - Ongoing throughout project construction duration. Task 4.4 - Reauests for Chanaes to Construction Cost and/or Schedule: The PROGRAM MANAGER will receive, log and evaluate all requests for project cost and/or schedule changes from the Contractor. Such requests may be the result of unforeseen conditions, interferences identified by the Contractor during the routine progress of work, inadvertent omissions (betterment) issues in the contract documents, permitting requirements that arise after the North Shore Calvin Giordano Scope 072705.doc Page 19 of 25 contract award, and/or additional improvements requested by the CITY. Regardless of the source, the PROGRAM MANAGER will evaluate the merit of the request, as well as a cursory review of the potential impact of the change in terms of project cost and schedule. The PROGRAM MANAGER may also review the request with the CONSULTANT, who shall provide a written opinion as to the merit / value, upon request. It is understood that no legal claims assistance or support services are inferred by the work effort noted under this Task. Deliverables: - Perform independent review of request for cost increase and/or time extension. - Coordinate and participate in meetings, as required, with the PROGRAM MANAGER, CITY and Contractor to resolve and/or negotiate the equitable resolution of request. Provide written opinion and / or recommendation upon request. - Prepare change order documentation in CITY directed format Schedule: - Ongoing throughout project construction. Task 4.5 - Processina of Shop Drawinas: The PROGRAM MANAGER will receive, log, and distribute shop drawings to the CONSULTANT for its review. The CONSULTANT shall have 14 calendar days from the time of receipt in its office, to review and return shop drawings to the PROGRAM MANAGER's office. Deliverables: - Review Shop Drawings and return them to PROGRAM MANAGER's office. - Ongoing throughout project construction duration. Schedule: Task 4.6 - Field Observation Services: The PROGRAM MANAGER will provide field staff to observe the construction of the work. The CONSULTANT shall provide specialty site visits by various design disciplines (civil, mechanical, landscaping, etc...) on an as requested basis. For the purposes of this scope of services, it is assumed that monthly specialty site visits are included. Specialty site visits are assumed to include one or more of the CONSULTANTs Team attendance, as may be requested by the CITY, to review, discuss, resolve field conditions and issues at the job site. Attendance shall be as requested, although a minimum of 24 hour notice North Shore Calvin Giordano Scope o 72705. doc Page 20 of 25 will be provided when possible. In cases where conditions require immediate action, the CONSULTANT shall make itself available in the field, as soon as possible, to review / respond to necessary issues. Deliverables: - Provide monthly specialty site visits Schedule: - Ongoing throughout project construction duration. Task 4.7 - Proiect Closeout: Upon receiving notice from the PROGRAM MANAGER advising the CONSULTANT that a Project is substantially complete, the CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall conduct an overview of the Project. The overview shall include development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. The PROGRAM MANAGER will develop the list with assistance from the CITY and the CONSULTANT. The list shall be forwarded to the Contractor. For the purposes of this Task, please note that substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items may not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Upon notification from the PROGRAM MANAGER that all remaining "punch list" items have been resolved, the CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall perform a final review of the finished Project. Based on successful completion of all outstanding work items by the Contractor, the CONSULTANT shall assist in closing out the construction contract. This shall include a final punch list walk throughs for verification of completion Deliverables: Attend field meetings to review substantial and final completion and assist in development of "punch lists". At the Substantial and Final completion of each project Schedule: TASK 5 - ADDITIONAL SERVICES - None at this time. TASK 6 - REIMBURSABLES Norlh Shore Calvin Giordano Scope 072705.doc Page 21 of 25 Task 6.1 - Reproduction Services: The CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports, contract documents and miscellaneous items, as may be requested by the CITY. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 6.2 - Travel and Subsistence: The CONSULTANT shall be reimbursed at the United States Internal Revenue Service established rate for travel and subsistence, up to the maximum not-to-exceed amount as noted. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 6.3 - Survevina: The CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to prepare a topographical survey of all CITY public rights-of-way within the project limits to meet the intent of the approved project Scope. This effort shall meet the requirements set forth in Task 2.1. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 6.4 - Geotechnical Evaluation: The CONSULTANT shall contract the services of a professionally licensed geotechnical firm to perform boring I test excavations as necessary to ascertain soil conditions, in an effort to identify existing conditions for pipe bedding and stormwater management considerations. The scope of such services shall be subject to review and acceptance by the CITY. Costs shall be limited to a not-to-exceed amount. Unused amounts shall be credited back to the CITY at the completion of the project. Task 6.5 - Underaround Utility Verification: The CONSULTANT shall contract the services of an underground utility location service to perform vacuum extraction excavations, in an effort to better identify existing underground conditions where work is to be performed. Actual locations shall be as directed by the CONSULTANT, subject to CITY review and acceptance. Costs shall be limited to a not-to-exceed amount. Unused amounts shall be credited back to the CITY at the completion of the project. North Shore Calvin Giordano Scope 072705.doc Page 22 of 25 Minimum Design Features to Be Shown On Drawings The CONSULTANT shall note that the following criteria indicate the minimum design standards to be shown on drawings. The CONSULTANT is encouraged to review and recommend changes as it deems necessary, subject to the review and acceptance of the CITY and the PROGRAM MANAGER. Paving, Grading and Drainage Plans . Show existing grade I topography, centerline roadway, edge of pavement, back of sidewalk, top of curb, gutter flow line . Show proposed grade along the centerline of the road at 50 centers, limits of road work, inlets, curb and gutter and sidewalk · Show limits of demolition I removal · Show limits of proposed work · Identify all surface features of all existing and proposed work · Identify driveway locations · Identify proposed structures · Identify linear footage of pipe, pipe invert elevation, diameter and material Paving, Grading and Drainage Details . Show proposed cross sections with topographical information at key locations Identify the following minimum information on cross sections: Existing utilities Proposed road slope, lane width, sidewalk width and surface features within the right-of-way Road construction details for the sub-base and base and asphalt Proposed utility locations Conflict manhole detail Manhole details Driveway replacement section Catch basin details Exfiltration trench details Drainage pipe trench detail Restoration Details - All pipes Roadway Sidewalk Curb and gutter . . . . . . . . North Shore Calvin Giordano Scope 072705.doc Page 23 of 25 Water Distribution and Sanitary Sewer Plans General · Identify existing utilities · Show future utilities proposed by others · Identify trees I landscaping to remain in place Sanitary Sewer · Manhole details · Connection to existing manholes (pre-cast I brick) · Connection to existing service laterals and mainline · Show sanitary sewer manhole I flow direction · Show sanitary sewer (single service) · Show sanitary sewer (double service) . Show sanitary sewer pipe diameter, linear feet, material and slope along pipe length · Show rim and pipe invert elevations on sanitary sewer manholes · Indicate sanitary sewer (existing I proposed) clean out locations · Indicate sanitary sewer service invert elevation at the right-of-way for new services Sanitary Sewer Profiles · Identify sanitary sewer manhole number, rim elevation, invert elevations of incoming and outgoing pipes · Show sanitary sewer pipe diameter, linear footage and slope · Show existing utilities, diameter, type and invert of pipe elevation Water Distribution System · Show location of single and double water meter boxes · Identify fire hydrant assembly · Identify fitting locations · Identify limits of restrained joints · Identify deflection limits · Identify water sampling points · Identify dead end blow-offs North Shore Calvin Giordano Scope 072705.doc Page 24 of 25 · Identify air release valves . Identify pipe diameter and material · Stationing Pressure Pipe Profiles · Show top of pipe elevation . Identify location of air release valve at high points . Identify vertical! horizontal deflection and!or fittings · Identify minimum cover requirements · Provide details of major utility crossings Jack and bore Horizontal directional drilling Subaqueous crossing Aerial crossing Culvert crossing North Shore Calvin Giordano Scope 072705.doc Page 25 of 25 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 SCHEDULE B PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CALVIN, GIORDANO AND ASSOCIATES, INC. ITEMIZED SCHEDULE OF COMPENSATION 36 W .J :J C W J: o m w w U. I- Z c( ~ :J m z o J:O Ow ED~ci:N wED::ECP .J-c( C) :J::E~,= C~C)U W::EOCll J: ~D.. 0~D..:2 m~~ED -:J 01- o :J ~ I- m ~ u. ~ ~ ~ u. o I- J: C) ik: "'0 '" COU)CDOCONcoa cocococoU)COC\lCO <D CONCOU)<ONN .,. NOCOOIoOOCO C\looooaco M .,..,. ~ O("')Ll) (J) "'It co..... 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U- ClOU:::l e <( w.... ....zO Oo:w en u ....I o:U a ....I:::lw I/) i:!: -:::I !!!. "':I:O: <(Ow .!! ~ 00 --' >-UC> ....:I:11. .. ~ 0:0 w wWO: 0--'....1 0: .. wa:: ~ >....w ....i:!:i:!: 1:: C :I: a. a::OO :::J :\t b~ a:: :::IWZ 00 Ii .... mC>:::l ........ ...'-: N .......'" CD cD cD cD cD NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27,2005 SCHEDULE C PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CALVIN, GIORDANO AND ASSOCIATES, INC. HOURLY BILLING RATE SCHEDULE Classification Hourly Billinl!: Rate Principal/Project Director $ 150.00 per hour Project Manager $ 120.00 per hour Sr. Engineer / Architect $ 108.00 per hour Engineer / Architect $ 90.00 per hour Staff Engineer $ 72.00 per hour Designer $ 108.00 per hour Drafter $ 54.00 per hour Clerical $ 45.00 per hour 37 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27,2005 SCHEDULE D PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CALVIN, GIORDANO AND ASSOCIATES, INC. PROJECT SCHEDULE Task Description: Working days after Notice to Proceed 1 Planning Services Complete 2 Design Services 300 Days 3 Bidding and Award Services 120 Days 4 Construction Administration Services. 532 Days 5 Additional Services N/ A 6 Reimbursables N/ A The above durations include, in working days, the response time of the City and the Program Manager. 38 NORTH SHORE AND PARK VIEW ISLAND NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT July 27, 2005 SCHEDULE E PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CALVIN, GIORDANO AND ASSOCIATES, INC. PROJECT GEOGRAPHIC LIMITS 39 ~ ~ -- mY uwm; 'E l: G.l "iQ E ~G.l o C '-ns G.l- Z - Q. W ~G.l C) :::0:: w . ..J : . . . . . . C/J I- Z w :!: w U <C ...J a.. w 0::: Z <C :!: 0::: w ~ ~ . . ~ . <C .... .- .,Q. .- .J: >< W