RESOLUTION 90-20184 RESOLUTION NO. 90-20184
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. , FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE
"NORTH SHORE COMMUNITY AREA IMPROVEMENTS".
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, THAT
WHEREAS, the City of Miami Beach ("City") issued a
Request for Letters of Interest (RFLI NO. 126-89/90) for
"Professional Engineering Services for the North Shore Community
Area Improvements" ; and
WHEREAS, Kimley-Horn and Associates, Inc. , ("Consultant")
submitted a proposal in response to the City' s request for Letters
of Interest; and
WHEREAS, the City and Consultant have negotiated an
Agreement, and the Agreement has been recommended by the City
Manager and approved as to form by the City Attorney.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and the City
Clerk are authorized to execute the Agreement attached hereto with
Kimley-Horn and Associates, Inc. , for Professional Engineering
Services for the "North Shore Community Area Improvements" , with
funding for these services to be paid from the North Shore Special
Assessment Bond Fund, when the bonds are issued.
PASSED AND ADOPTED THIS 5th day of December , 1990 .
ayor
ATTEST:
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•-‘ ,,,i) y) City Clerk
FORM APPROVED:
Legal Department
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CITY HALL
OFFICE OF THE CITY MANAGER 1700 CONVENTION CENTER DRIVEROB W,PARKINS TELEPHONE: 673-7010
CITY MANAGER
COMMISSION MEMORANDUM NO. 6 I ci
DATE: Dec. 5, 1990
TO: Mayor Alex Da. . . and
Members of e City Corn ' ssi•
1,\?
FROM: Rob W. Par s \ 4,t,
City Manager j. -,`•
SUBJECT:ECT: RESOLUTION AND AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND KIMLEY-HORN ASSOCIATES, INC. ,
FOR PROFESSIONAL ENGINEERING SERVICES FOR THE
NORTH SHORE COMMUNITY AREA IMPROVEMENT
Background:
On September 5, 1990, the City Commission rank ordered the top
threero osers for the North Shore Community Area Improvements and
p p an negotiate
authorized the Administration to ne gagreement.
The Administration has negotiated Phase 1 of the attached agreement
with the first ranked firm at a cost as follows:
o Project Inventory and Data $ 49, 000
Collection
o Functional Plan Preparation 121, 000
o Coordination and Meetings, 21, 000
Workshops, Neighborhood
Presentations, Workshops and
Council Presentations
Sub-Total $ 191, 000
Final Design Phase To be negotiated at a future date
Bidding and Award Phase To be negotiated at a future date
Construction Administration To be negotiated at a future date
A-3 Supplemental Survey
o Topographicpp
Mapping $ 51, 140 Lump Sum
o Rights-of-Way 13 , 170 Lump Sum
o Aerial Mapping 9 , 000 Lump Sum
Direct Reimbursable Costs $ 13 , 500 Budget
Based on rates maximum upset requires City approval to
(1) hourly
exceed
(2) Lump Sum
AGENDA
.......4..... A,
ITEM
DATE i 'Z--C-90
Commission Memorandum Page 2 December 5, 1990
RESOLUTION AND AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
KIMLEY-HORN AND ASSOCIATES, INC. , FOR PROFESSIONAL ENGINEERING
SERVICES FOR THE NORTH SHORE COMMUNITY AREA IMPROVEMENTS
FUNDING:
Funding for these services to be paid from the North Shore Special
Assessment Bond Fund, when the bonds .are issued.
ADMINISTRATION RECOMMENDATION:
That the Commission approve the attached Resolution authorizing the
Mayor and City Clerk to execute the Agreement.
Attachments
RW P/RAG/b
.._ • . 2
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
FOR PROFESSIONAL ENGINEERING SERVICES FOR THE
NORTH SHORE COMMUNITY AREA IMPROVEMENTS
THIS CONTRACT made and entered into this `T tJ day of
Teeproy
, 1990 by and between the CITY OF MIAMI BEACH, a
municipal corporation existing under the laws of the State
of
Florida (hereinafter referred to as "City" or "Owner") , '
y having its
principal offices at 1700 Convention Center Drive, Miami Beach,
Florida and KIMLEY-HORN & ASSOCIATES, INC. , a Florida corporation,
p on,
whose address is 4431 Embarcadero Drive, West Palm Beach, Florida
33407 (hereinafter referred to as ("Consultant") .
WITNESSETH:
WHEREAS, the City intends to improve the appearance and appeal
of the North Shore Commercial Area Streets (hereinafterreferred
to as the "Project") for a total construction cost to be
established by Amendment to this Agreement after completion of
preliminary Design Phase and wishes to engage the Consultant for
r
the Project as is set forth in this agreement; and
WHEREAS, the Consultant desires to contract with the City for
performance of engineering and related professional services
relative to this Project as more particularly hereinafter set
forth, for design, preparation of Construction Documents and
Construction Administration Services and Field Representative
Services, all as hereinafter stipulated,
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1
NON THEREFORE, City and Consultant in consideration of the
mutual covenants and agreements herein contained, agree as follows:
ARTICLE 1. DEFINITIONS: DUTIES AND RESPONSIBILITIES
CITY The "City" shall mean the City of Miami Beach
("City" or "Owner") and is a Florida municipal corporation having
its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida 33139 . The City, as a governmental entity, is subject to
the availability of funds and appropriation of funds by its
legislative body and other governmental authorities or sources of
revenue, in an amount to allow continuation of its performance
under this Agreement. In the event of lack of funding for this
agreement or this project, this Agreement may be terminated in its
entirety by the City pursuant to the procedure set forth in Article
8 .
1 . 2 CITY COMMISSION
"City Commission" shall mean the governing and
legislative body of the City. 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.
1. 2 . 1 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
(CHENEY]126-8990.
2
transfer shall be defined to include sale of the majority of the
stock of a corporate Consultant.
1. 2 . 2 All 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.
1. 2 . 3 The City Commission shall hear appeals from the
administrative decision of the City Manager upon the Consultant's
written request, in which case the Commission' s decision shall be
final .
1. 2 . 4 The City Commission shall approve or consider all
change orders which exceed the sum of ten thousand dollars
($10, 000. 00) (or other such amount as may be specified by the City
of Miami Beach Purchasing Ordinance, as amended) .
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 a Project
Coordinator and shall serve as the City' s representative to whom
administrative requests for approvals shall be made and who shall
issue authorizations (exclusive of those authorizations reserved
to the 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.
[CHENEY]126-8990.
3
1 . 3 . 1 The City Manager shall review, approve, disapprove
or otherwise comment upon the Consultant's Design and Construction
Documents after they are submitted to the City by the Consultant.
1 . 3 . 2 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 he
shall attempt to render administrative decisions promptly to avoid
unreasonable delay in the progress of the Consultant's work.
1 . 3 . 3 The City Manager shall additionally be authorized
but not required at the request of the Consultant to reallocate
monies already budgeted towards payment of the Consultant,
providing, however, that he cannot increase the Consultant's
compensation or other budgets established by this Agreement beyond
the limits of paragraphs 1. 3 . 5 . The City 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. The City Manager shall additionally be the sole
representative of the City authorized to issue a notice to proceed.
The City Manager may consider, comment upon or approve
modifications in accordance with applicable laws and ordinances.
1 . 3 . 4 The City Manager may approve change orders which do
not exceed the sum of ten thousand dollars ($10, 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
[CHENEY)126-8990.
4
the budgets established herein.
1 . 3 . 5 The City Manager may, in his sole discretion, form
a committee or committees, or inquire of or consult withP ersons
for the purpose of receiving advice and recommendations relating
to the exercise of his powers, duties and responsibilities under
this Agreement.
1. 4 PROPOSAL DOCUMENTS
"Proposal Documents" shall mean the Request for letter
of intent, (RLI) No. 126-89/90 for "Professional Engineering
g g
Services to do Drawings and Prepare Construction Documents for the
North Shore Community Area Improvements" 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 are deemed as being 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 as Kimley-Horn &
Associates, Inc. , a Florida corporation, whose address is 4431
Embarcadero Drive, West Palm Beach, Florida 33407 .
1. 5. 1 All architects required by the needs of this project
shall be duly licensed and admitted to practice architecture in
this state pursuant to Chapter 481, Florida Statutes, and
additionally possessing the requisite occupational licenses from
(CHENEY)126-8990.
5
the City and the County. All engineers required by the needs of
this project shall be duly licensed and certified by the State of
Florida to engage in the practice of engineering in this State.
All special inspectors, if any, required by the needs of this
project shall be duly certified, licensed and registered under
Chapter 471, Florida Statutes, as an engineer, or under Chapter
481, as an architect, and shall additionally possess the requisite
occupational license from the City and the County.
1 . 5. 2 The Consultant shall be liable for the Consultant's
services, responsibilities and liabilities under this Agreement and
the services, responsibilities and liabilities of any sub-
consultants. When the term "Consultant" is used in this Agreement
it shall be deemed to include any subconsultants and any other
person or entity acting under the direction or control of
Consultant.
1 . 6 BASIC SERVICES
"Basic Services" shall be the professional services
defined Exhibit A. The consulting fees for thisp roj ect shall be
as indicated in Schedule A and Schedule B.
1. 7 THE PROJECT
"The Project" is herein defined to mean the design and
renovation of the North Shore Commercial Area, including the
following streets:
o Collins Avenue - 63rd Street to 75th Street
o Ocean Terrace - 73rd Street to 75th Street
o 73rd Street - Collins Avenue to Ocean Terrace
[CHENEY]126-8990.
6
o 74th Street - Collins Avenue to Ocean Terrace
o 75th Street - Collins Avenue to Ocean Terrace
o 71st Street - Rue Notre Dame to Ocean Terrace
o Normandy Drive - Rue Notre Dame to Bay Drive
o Rue Notre Dame - Normandy Drive to 71st Street
o Vichy Drive - Normandy Drive to 71st Street
Improvements along these street corridors shall include
sidewalk, landscaping, street furniture, lighting, and associated
streetscape improvements, and traffic engineering services related
to the streetscape and landscape improvements. Utility
Improvements and complete street reconstruction are beyond the
scope of these services. The consultant shall utilize the "Safe
Neighborhood Design Plan District No. 2" as a basis for developing
the functional plan. (See Exhibit A) .
1. 8 CONSTRUCTION COST BUDGET
The "Construction Cost Budget" for this project shall
mean a sum which will be established by Amendment to this Agreement
upon completion of preliminary design phase and will be the
anticipated total cost to the Owner of all elements of the Project
designed or specified by the Consultant and approved by the Owner,
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 but not to exceed ten percent (10%) of the Construction
(CHENEY)126-8990.
7
Cost but not including the compensation of the Consultant and the
Consultant 's consultants, rights-of-way, the cost of land,
materials testing services, and surveys.
1. 8 . 1 The Construction Cost shall mean the City' s share
of Project Construction Cost.
1. 9 PROJECT COST
The "Project Cost" , as established by the Owner, shall
mean the total cost of the project to the owner which represents
construction costs, professional compensation, land costs, if any,
financing costs, materials testing services, surveys, and other
miscellaneous Owner costs.
1. 10 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,
tornados, flood and total loss caused by fire and other similar
unavoidable casualties, war, changes in federal , state or local
laws, ordinances, codes or regulations, enacted after the date of
this Agreement and having a substantial impact on the7 ro 'ect
p , or
other causes beyond the Consultant' s control or by any other such
causes which the Consultant and the City Commission 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. "
[CHENEY]126-8990.
8
.
1. 11 CONTRACTOR
"Contractor" or "Contractors" shall mean those persons
or entities responsible for performing the construction work or
providing the materials, supplies and equipment identified in the
bid and contract documents for the project.
1. 12 CONTRACT FOR CONSTRUCTION
"Contracts for Construction" shall mean contracts with
contractors.
1. 13 CONSTRUCTION DOCUMENTS
"Construction Documents" shall mean the final plans,
specifications, drawings, documents and diagrams submitted by the
Consultant pursuant to Article 2 . 1 and approved by the City.
1. 14 CHANGE ORDER
"Change order" shall mean the written order to the
Project Manager approved by the owner as specified in this contract
and signed by the Owner' s duly authorized representative,
authorizing a change in the project or the method and manner of
performance thereof or an adjustment in the fees or completion
dates, as applicable.
1. 15 ADDITIONAL SERVICES
"Additional Services" shall mean those services described
in Section 2 . 2 herein, which have been duly authorized in writing
by the City.
1 . 16 WORK
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9
"Work" shall mean a l l of the work to be performed on the
project pursuant to the contract documents and the construction and
bid documents.
1. 17 BASE BID
"Base Bid" shall mean the elements contained in the
Construction Documents recommended by the Consultant and approved
by the Owner as being within the Construction Cost Budget pursuant
to the detailed cost estimate provided by the Consultant' s cost
consultant. "Base Bid" shall not include "Additive Alternates" .
1. 18 SCHEDULES
"Schedules" shall mean the various schedules attached to
this Agreement and referred to in the Agreement, and are as
follows:
1 . 18 . 1 Schedule A -- Schedule setting forth the fee for the
Basic Consultant ' s Services, and reimbursable allowance.
1. 18 . 2 Schedule B -- The schedule of hourly rates of
compensation for the Consultant and its consultants for additional
services, as submitted by the Consultant and approved by the Owner.
Amendments to any Owner approved schedule shall require the same
formalities as amendments to the contract itself.
ARTICLE 2 . SCOPE OF SERVICES
2 . 1 Basic Services
The Consultant ' s Scope of Services shall be as described
in Exhibit A.
[CHENEY]126-8990.
10
2 . 2 ADDITIONAL SERVICES
The following services are not included in Basic Services
unless so identified in Sections 2 . 1. Any additional service must
be authorized per paragraph 1 . 2 . 3 or 1. 3 . 4 . Additional services
will include the following services:
2 . 2 . 1 Providing services to investigate existing
conditions or facilities or to make measured drawings thereof, and
g
to verify the accuracy of drawings or other information furnished
by the City in the event of an inconsistency or omission in the
drawings.
2 . 2 . 2 Preparing plans and specifications for alternate,
separate or sequential bids or proposals, and providing extra
services in connection with bidding, or construction prior to the
completion of the Construction Documents Phase, when requested in
writing by the City.
2 . 2 . 3 Making investigations, surveys, valuations,
inventories or detailed appraisals of existing facilities, and
services required solely in connection with constructionP erformed
by the City.
2 . 2 . 4 Providing consultation concerning replacement of
any work damaged by fire or other cause during construction, and
furnishing services as may be required in connection with the
replacement of such work.
2 . 2 . 5 Providing services made necessary by the default of
the contractor, or by major defects or deficiencies in the work of
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.
the Contractor, (provided Consultant promptly notified the City of
any such defects or deficiencies reasonably observed by Consultant)
or by failure of performance of either the City or Contractor under
the contract for construction.
2 . 2 . 6 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitrationroceedi
p ng or
legal proceeding.
2 . 2 . 7 Preparing documents for change orders, or
supplemental work, or to accommodate field conditions initiated at
the City' s request ,and outside the scope of the work specified in
the construction documents, after commencement of the construction
phase.
2 . 2 . 8 Making revisions in Drawings, Specifications or
other documents when such revisions are inconsistent with written
approvals or instructions previously given, are required by the
enactment or revision of codes, laws or regulations subsequent to
the preparation of such documents. If changes are required to be ,
made because of error, oversight, inadvertence, clarification or
discrepancy in the work of the Consultant, Cityshall not be
liable
to compensate Consultant for additional services in such
connection.
2 . 2 . 9 Providing consultation concerning replacement of a
new project or damage by fire or other cause during construction,
and furnishing professional services the type set forth herein as
may be required in connection with the replacement of such work.
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12
2 . 2 . 10 Providing professional services made necessary
by
the default of any contractor or sub-contractor in theP erformance
of the construction contract.
2 . 2 . 11 Providing contract administration services during
the construction phase, should the construction contract time and
working days be extended by more than 30 days through no fault of
the Consultant.
2 . 2 . 12 Providing such other professional services to the
City relative to this Project which arise 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 executing this agreement.
2 . 2 . 13 Providing such services to the City in connection
with the development of Special Assessment Roles, provided however
that the Consultant will provide information and documents as may
be required for the issuance and sale of bonds and as required
further herein.
2 . 2 . 14 Providing such services to the City in connection
with the Development of Architectural Design Guidelines for
Building Facades.
2 . 2 . 15 Provide such services as more fully detailed for the
preparation of a Maintenance Plan for the project.
2 . 3 RESPONSIBILITY FOR CLAIMS AND LIABILITIES
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.
2 . 3 . 1 Approval by the City shall not constitute nor be
deemed a release of the responsibility and liability of the
Consultant, his employees, sub-contractors, agents and consultants
for the accuracy and competency of their designs, working drawings,
specifications or other documents and works; nor shall such
approval be deemed to be an assumption of such responsibility by
the City for a defect or omission in designs, working drawings,
and specifications or other documents prepared by the Consultant,
his employees, sub-contractors, agents and consultants.
2 . 4 SCHEDULE
2 . 4 . 1 The Consultant shall perform Basic and Additional
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. The Consultant may submit to the
City adjustments to this 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 work or parts of
the work. The City shall not unreasonably refuse to approve such
adjustment to the time schedule if the request is made in a timely
manner and is fully justified. This schedule, when approved by
the City, shall not, except for reasonable cause, be exceeded by
the Consultant.
2 . 4 . 2 The parties agree that the Consultant's services
during all phases of this project will be performed in a manner
which shall conform with the approved schedule.
[CHENEY]126-8990.
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ARTICLE 3, THE CITY'S REBPONBIBILITIB$
3 . 1 The City has provided Consultant with the Project goals
and design elements as set forth in the RFLI and in Article 1. 7
herein, and shall provide consistent with the foregoing described
goals such additional requirements for the Project as may be
necessary, including space requirements and relationships,
flexibility and expendability, special equipment and systems and
the site requirements .
3 . 2 The City shall establish a Construction Cost Budget for
the Project, which may include contingencies for bidding, changes
in the work during construction, and other costs which are the
responsibility of the City. The City shall, at the request of the
Consultant, provide a statement of funds available for the Project,
and their source.
3 . 3 The City Manager shall designate a representative defined
as the City' s Project Coordinator authorized to act in the City' s
behalf with respect to the Project. The City's Project Coordinator
shall examine the documents submitted by the Consultant and shall
transmit written decisions pertaining thereto promptly, to avoid
unreasonable delay in the progress of the Consultant ' s services.
The City shall observe the procedure of issuing orders to its
contractors only through Consultant.
3 . 4 In the City' s sole discretion, the City may furnish
legal, accounting and insurance counseling services as may be
(CHENEY]126-8990.
15
requested at any time for the Project, including such auditing
services as the City may require to verify the contractor' s
applications for payment or to ascertain how or for what purposes
the Contractor uses the monies paid by or on behalf of the City.
3 . 5 If the City observes or otherwise becomes aware of any
fault of defect in the Project or nonconformance with the contract
documents, prompt written notice thereof shall be given by the City
to the Consultant.
3 . 6 The City shall furnish required information and services
and render approvals and decisions in writing as expeditiously as
necessary for the orderly progress of the Consultant's services
and of the Work. No approvals required by City during the various
phases of the Project shall be unreasonably delayed or withheld;
provided that City shall at all times have the right to approve or
reject the proposed submission of Consultant on any reasonable
basis.
ARTICLE 4. CONSTRUCTION COST
4 . 1 RESPONSIBILITY FOR CONSTRUCTION COST
4 . 1. 1 Consultant hereby represents to the City, and
Consultant is aware that the City is relying on such representation
in entering into this Agreement, that Consultant has the necessary
resources and expertise to provide an Opinion of Probable Cost.
Consultant further understands that the City will base the size of
a bond issue upon the Consultant' s estimate of probable
[CHENEY]126-8990.
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.
construction cost.
4 . 1 . 2 If the bidding phase has not commenced and
advertisement for bid occurred within two (2) months after the
Consultant submits the construction documents to the City, the
Construction Cost Budget shall be adjusted to reflect any change
g
in the general level of prices in the construction industry between
the date of submission of the construction documents to the City
and the date on which proposals are sought.
4 . 1. 3 If the lowest bona fide base bid exceeds the
Construction Cost .Budget (adjusted as provided in Subparagraph
P
4 . 1 . 2) by more than ten percent (10%) , the City Commission in its
sole discretion, have any of the following options: (1) give
written approval of an increase in the Construction Cost Budget,
g ,
(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 in
accordance with Article 10, (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 and quality and construction schedule
and sequence of work as required to reduce the construction cost.
In the event the City elects to reduce the Project scope and
quality, under this paragraph, the Consultant shall work with the
City in a timely manner, to make the revisions as necessary to
rebid the project. The Consultant shall be compensated for this
[CHENEY]126-8990.
17
work at his costs only without profit. Cost is equivalent to 85%
of the rates in Schedule B plus direct reimbursables.
ARTICLE 5. REIMBURSABLE EXPENSES
5 . 1 Reimbursable expenses are in addition to the compensation
for basic and additional services and include actual expenditures
made by the Consultant and the Consultant 's employees and
consultants in the interest of the Project for the expenses listed
in the following subparagraphs. All categories of reimbursable
expenses pursuant to this article, must be authorized in advance
by the City Manager or the City' s Project Coordinator. An
allowance for reimbursable expenses is established as a condition
to this agreement. Invoices or vouchers for reimbursable expenses
shall be submitted along with supporting receipts, and other
back-up material reasonably requested by City, by the Consultant
to 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 Contract" .
Expenses subject to reimbursement in accordance with the above
procedures are as follows:
5. 1. 1 Expense of data processing, computer, auto CADD and
photograph production techniques.
5 . 1. 2 If authorized in advance by the City Manager or the
City' s Project Coordinator, expense of overtime work requiring
� g
higher than regular rates not caused by Consultant orp art of
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Consultant ' s Basic Services, special consulting services, if any,
or other services.
5. 1 . 3 Expense of any additional insurance coverage or
limits requested by the City in excess of the insurance requirement
set forth in Article 12 .
5 . 1. 4 Expense of transportation in connection with the
Project; living expenses in connection with out-of-town travel ;
long distance communications; and fees paid for securing approval
of authorities having jurisdiction over the Project. Consultant
shall comply with the City's standards for reimbursable travel
expenses. Travel within Dade County shall not be reimbursable.
5 . 1 . 5 Expense of reproduction, postage and handling of
drawings, specifications and other documents, excluding
reproductions for the office use of the Consultant and the
Consultant ' s consultants.
5 . 1. 6 Aerial photography expenses.
ARTICLE 6. CONSULTANT'S ACCOUNTING RECORDS
6. 1 Records of reimbursable expenses and expenses pertaining
to additional services and services performed on the basis of a
multiple of direct personnel expense shall be kept on the basis of
generally accepted accounting principles and shall be available to
the City and the City ' s authorized representatives at mutually
convenient times and location.
[CHENEY]126-8990.
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.
ARTICLE 7 . OWNERSHIP AND USE OF DOCUMENTS
7 . 1 All plans or drawings will be prepared and submitted by
Consultant to City for approval . Working drawings will be prepared
on mylar drafting film or the equivalent, with all lettering
clearly legible when the sheets are reproduced and reduced to half
size.
7 . 2 All documents including, but not limited to, tracings,
g ,
drawings, estimates, specifications, investigations and studies
completed or partially completed, shall become the property of the
City. Provided however, any reuse without written verification or
adaptation by Consultant for the specific purpose intended will be
at City' s sole risk and without liability or legal exposure to
Consultant or to subconsultants. The Consultant, sub-consultants,
sub-contractors, agents or employees shall be liable to City for
any loss or damage to any such documents while they are in
possession of or while they are being worked upon by the Consultant
or any one connected with him. All documents so lost or damaged
shall be replaced or restored by the Consultant at his sole
expense.
7 . 3 Upon completion of the construction of the7
ro 'ect
p
Consultant shall , within ninety (90) calendar days, following final
inspection, deliver to the City the original contract working
drawings and tracings, or mylar or sepia prints (3 mil) , correct
to as built conditions, to the City, including all changes made
during the course of the project. Consultant shall deliver the
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above documents to the City within thirty (30) days of termination
of this Agreement or termination or abandonment of the Project.
ARTICLE 8. TERMINATION OF AGREEMENT
8 . 1 Right to Terminate
The City may terminate this Agreement for cause in the
event that: (1) the Consultant willfully violates any provisions
of this Agreement or performs same in bad faith, or (2) un-
reasonably delays the performance of the Services, upon notice to
the Consultant in writing seven (7) days prior to termination.
Payment for Services performed shall then be made in accordance
with Article 11 . 4 herein.
The city, in addition to the rights and options to
terminate given above, 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. Payment for services
satisfactorily performed and for delivery of documents shall be in
accordance with Article 11. 4 herein.
The Consultant may terminate this Agreement for cause in the
event that the City, acting through its Project Coordinator or
otherwise, 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,
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payment for Services satisfactorily performed prior to the date of
termination shall be made in accordance with Article 11. 4 herein.
The Consultant shall have no right to terminate this Agreement
for convenience of the Consultant, without cause.
8 . 2 Termination for Cause
In the event this Agreement is terminated by City for
cause, the City, acting through the City Manager, may take over
the Services and complete them, by contracting with another
Consultant(s) or otherwise, and in such event, the Consultant shall
be liable to the City for any reasonable additional cost incurred
by the city due to such termination. "Additional Cost" is defined
as the difference between the actual cost of completion 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.
Upon receipt of written notice of termination, the
Consultant shall , when directed by the City, promptly assemble and
submit as provided herein or as required in the written notice
hereunder, all documents including drawings, calculations,
specifications, correspondence, and all other relevant materials
affected by such termination.
Payment for Services satisfactorily performed by the
Consultant prior to receipt of notice of Termination for Cause,
and accepted by the City, shall be made in accordance with Article
11 . 4 herein.
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8 . 3 Termination for Convenience
Non-Exclusive Provisions
In the event the City causes abandonment, termination or
suspension of the Consultant ' s Services or parts thereof without
cause as provided in Article 8 . 1 herein, the Consultant shall be
compensated for all Services rendered up to the time of receipt of
said abandonment, termination, or suspension, and for the assembly
and submittal to the City of affected documents for the Services
performed shall be in accordance with Article 11. 2 and 11. 3 herein.
8 . 4 Implementation of Termination
In the event of termination either for cause or for
convenience, the Consultant, upon receipt of the notice of
termination, shall : stop the performance of Services under this
Agreement on the date and to the extent specified in the notice of
termination; place no further orders or subcontracts except as may
be necessary for completion of any portion(s) of the Services not
terminated, and as authorized by the written notice; terminate all
orders and subcontracts to the extent that they relate to the
performance of the Services terminated by the notice of
termination; transfer title to the City (to the extent that title
had not already been transferred) and deliver in the manner, at
the times, and to the extent directed by the City, all property
purchased under this Agreement and reimbursed as direct item of
cost and not required for completion of the Services not
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terminated; 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 complete
performance of any Services as shall not have been terminated by
the notice of termination.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9 . 1 This Agreement shall be governed by the laws of the State
of Florida.
9. 2 As between the parties to this Agreement; as to all acts
or failures to act by either party to this Agreement, any
applicable statute of limitations shall commence to run and any
alleged cause of action shall be deemed to have accrued in any and
all events not later than the relevant Date of Substantial
Completion of the Work and the issuance of the temporary
certificate of occupancy, and as to any acts or failures to act
occurring after the relevant Date of Substantial Completion, not
later than the date of issuance of the final Certificate for
Payment.
9 . 3 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
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.
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 annul this Agreement
without liability to the Consultant for any reason whatsoever.
ARTICLE 10. EXTENT OF AGREEMENT
10. 1 This Agreement represents the entire and integrated
agreement between the City and the Consultant and supersedes all
prior negotiations, representations or agreements, either written
or oral . This agreement may be amended only by written instrument
signed by both City and Consultant utilizing the same formalities
as were used for its adoption.
ARTICLE 11. BASIS OF COMPENSATION
11 . 1 COMPENSATION FOR SERVICES
11 . 1. 1 Consultant shall be compensated as set forth in
Schedule A and Schedule B which are appended to this agreement and
incorporated by reference herein.
11 . 1 . 2 For reimbursable expenses as described in Article
5, the Consultant shall be paid the exact amounts expended by the
Consultant and consultants in the interests of the project subject
to the Consultant furnishing adequate documentation of the expenses
and, if required, demonstrating to the satisfaction of the City
that the expense was in the interest of the project.
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11 . 1. 3 Payments due the Consultant and unpaid under this
Agreement shall bear interest from the date payment is due at the
rate of six (6%) percent simple interest per annum. Payments will
be considered due for purposes of the commencement of interest,
thirty (30) days from receipt by the City of a detailed statement
or invoice.
11. 2 PAYMENTS ON ACCOUNT OF BASIC SERVICES
11. 2 . 1 Payments for Basic Services shall be made monthly
upon presentation and receipt of Consultant's invoice or statement.
Based on agreed percent completion of work. Payments for Field
Representative Services shall be invoiced monthly and divided
equally for the construction phase.
11. 3 PAYMENT ON ACCOUNT OF ADDITIONAL SERVICES
11. 3 . 1 Payment on account of the Consultant ' s additional
services as defined in Section 2 . 2 and for reimbursable expenses
defined in Article 5 shall be made within thirty (30) days of
presentation of the Consultant ' s detailed statement or invoice of
services rendered or expenses incurred which shall be rendered in
duplicate to the City Manager.
11. 4 PROJECT SUSPENSION OR TERMINATION
11. 4 . 1 If the project is suspended or abandoned in whole
or in part for more than three (3) months, the Consultant shall be
compensated for all services performed prior to receipt of written
notice from the City of such suspension or such abandonment,
together with reimbursable expenses then due. If the project is
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resumed after being suspended for more than three (3) months, the
Consultant 's compensation shall be equitably adjusted.
ARTICLE 12 INSURANCE
12 . 1 The Consultant shall comply throughout the term of
this agreement with the insurance stipulated herein. It is agreed
by the parties that th Consultant shall not commence with this
project until proof of the following insurance coverage has been
furnished to the City. The Consultant will maintain in effect the
following insurance coverages:
(a) Professional Liability Insurance in the amount of Five
Hundred Thousand ($500, 000 . 00) Dollars per occurrence on an
occurrence form.
(b) Comprehensive General Liability Insurance in the amount
of $1, 000, 000 Single Limit Bodily Injury and Property Damage
coverage for each occurrence, which will include products,
completed operations, and contractual liability coverages. 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 of the State of Florida.
(d) Thirty (30) days prior written notice of cancellation or
a substantial modifications in the insurance coverages must be
given by the Consultant to the City Manager.
(e) The insurance must be furnished by an insurance company
rated A:X or better, or its equivalent, according to Bests ' Guide
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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.
ARTICLE 13 . INDEMNIFICATION
13 . 1 The Consultant shall indemnify and save the City and
its officers, agents and employees harmless from any and all
claims, liability, losses and causes of actions to the extent they
arise out of any negligent or intentionally wrongful act, error or
omission of the Consultant, its subconsultants, agents or employees
arising out of the performance of the Consultant ' s professional
Services under this Agreement or arising out of or due to
Consultant' s breach of this Agreement; and to that extent, the
Consultant shall pay all such claims and losses and shall pay all
such costs and judgments which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys
fees expended by the City in the defense of such claims and losses,
including appeals. The parties agree that one percent (1%) of the
total Compensation to the Consultant for performance of this
Agreement is the specific consideration from the City to the
Consultant for the Consultant's Indemnity Agreement.
ARTICLE 14. ADDITIONAL CONDITIONS
14 . 1 The parties each hereby bind themselves, their
successors, assigns and legal representatives to each other with
[CHENEY]126-8990.
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respect to the terms of the Agreement. Neither party shall assign,
sell , pledge or otherwise transfer this contract or any portion
thereof, without written authorization and consent of the other
party to this Agreement. The parties agree that the Consultant 's
services are unique in nature and that the Consultant may only
receive such authorization by way of a City Commission resolution.
14 . 2 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.
14 . 3 This Agreement shall be enforceable in 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
Dade County, Florida.
14 . 4 All written notices given to City by Consultant
shall be addressed to the City Manager, City of Miami Beach, 1700
Convention Center Drive, Miami Beach, Florida 33139 , with a copy
to the City Attorney. All written notices from the City to the
Consultant shall be addressed to the Consultants, Kimley-Horn &
Associates, Inc. , 4431 Embarcadero Drive, West Palm Beach, Florida
33407 . All notices mailed by either party shall be deemed to be
sufficiently transmitted if sent by certified mail , return receipt
requested.
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ARTICLE 3.5. ARBITRATION
15. 1 Claims, disputes or other matters in question
between the parties to this Agreement arising out of or relating
to this Agreement or breach thereof shall be subject to and decided
by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association currently
in effect unless the parties mutually agree otherwise.
15. 2 Demand for arbitration shall be filed in writing
with the other party to this Agreement and with the American
Arbitration Association. A demand for arbitration shall be made
within a reasonable time after the claim, dispute or other matter
in question has arisen. In no event shall the demand for
arbitration be made after the date when institution of legal or
equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statutes of
limitations.
15. 3 No arbitration arising out of or relating to this
Agreement shall include, by consolidation, joinder or in any other
manner, an additional person or entity not a party to this
Agreement, except by written consent containing a specific
reference to this Agreement signed by the City, Consultant, and any
other person or entity sought to be joined. Consent to arbitration
involving an additional person or entity shall not constitute
consent to arbitration of any claim, dispute or other matter in
question not described in the written consent or with a person or
[CHENEY]126-8990.
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entity not named or described therein. The foregoing agreement to
arbitrate and other agreements to arbitrate with an additional
person or entity duly consented to by the parties to this Agreement
shall be specifically enforceable in accordance with applicable law
in any court having jurisdiction thereof.
15. 4 The award rendered by the arbitrator or arbitrators
shall be final, and judgement may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
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IN AITNE88 WHEREOF, the parties hereto have hereunto caused
these preents 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.
CITY OF MIAMI BEACH
By• ,L j
• - OR
ATTEST:
Uc4L„,1, M. Bcd,wv �`(jou.a,.,�E.� -Q•,,,...
k-rC
lJITY CLERK
FORM APPROVED CONSULTANT:
LEG L DEPT. RIMLEY-HORN & ASBOCIATEB, INC.
/x
By
Date ///�0/90 By: 1/' - CI
1 (Signature)
DONALD L. BARTLETT
ATTEST:
41
7.rpirate Secretary
CORPORATE SEIi:t,
JOSEPH B. POLLOCK, JR.
(Type Name of Person Signing)
EJD:ses
[CHENEY]126-8990.
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SCHEDULE "A"
PROFESSIONAL SERVICES FEES AND
REIMBURSABLES ALLOWANCE
The Consultant shall be compensated for the services to be
performed in accordance with the following schedule:
3. 1 BASIC SERVICES
I. Preliminary Design Phase
For work accomplished under the preliminary design Phase, the
Consultant will be paid on a time charge basis in accordance with
hourly rates set forth in Schedule B, with an upset maximum not to
exceed the following, without written authorization from the City.
o A-i, 2, 4, and 5 Project inventory
and Data collection $ 49, 000
o 8-i thru 7 Functional Plan Preparation $121, 000
o C-1 thru 4 Coordination and Meetings,
Workshops, Neighborhood Presentations,
Workshops and Council Presentations $ 21, 000
Sub-Total $191, 000
II. Final Design Phase To be negotiated at a future date
III. Bidding and Award Phase To be negotiated at a future date
IV. Construction Administration To be negotiated at a future date
A-3 Supplemental Survey
o Topographic Mapping $ 51, 140 Lump Sum
o Rights-of-Way $ 13 , 170 Lump Sum
o Aerial Mapping $ 9, 000 Lump Sum
Direct Reimbursable Costs $ 13, 500 Budget
3 . 1. 1 Sub-consultant Costs: All sub-consultant costs shall be borne
by Kimley-Horn & Associates, Inc. and are included in the associated
fees.
* Schedule A shall be amended to establish Lump Sum Fee on completion
of Preliminary Design Phase.
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4
SCHEDULE "B"
CONSULTANT'S HOURLY RATES OF COMPENSATION
CLASSIFICATION HOURLY RATE
Principal $130. 00
Project Manager $110. 00
Senior Professional $ 90. 00
Professional $ 75. 00
Designer $ 50. 00
Draftsman $ 35. 00
Clerical Support $ 30. 00
Three-Man Survey Crew $ 80. 00
Auto Cadd $ 25. 00
The Consultant shall be entitled to yearly escalation of rates on
June 30 each year, not to exceed a maximum of 7% per year
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EXHIBIT "A"
SCOPE OF SERVICES
NORTH SHORE COMMUNITY AREA IMPJ QVgMENTB
PROJECT AREA
The Project area shall include the following streets:
o Collins Avenue - 63rd Street to 75th Street
o Ocean Terrace - 73rd Street to 75th Street
o 73rd Street - Collins Avenue to Ocean Terrace
o 74th Street - Collins Avenue to Ocean Terrace
o 75th Street - Collins Avenue to Ocean Terrace
o 71st Street - Rue Notre Dame to Ocean Terrace
o Normandy Drive - Rue Notre Dame to Bay Drive
o Rue Notre Dame - Normandy Drive to 71st Street
o Vichy Drive - Normandy Drive to 71st Street
Improvements along these street corridors shall include sidewalk,
landscaping, street furniture, lighting, and associated streetscape
improvements, and all traffic engineering services related to the
streetscape and landscape improvements. Utility improvements and
complete street reconstruction are beyond the scope of these
services. The consultant shall utilize the "Safe Neighborhood
Design Plan District No. 2" as a basis for developing the
functional plan.
PRELIMINARY DESIGN PHASE
Task Group A - Project Inventory and Data Collection
Task A-1 Project Orientation
The Consultant shall meet with the City staff and other
parties to finalize project schedule, public involvement, and other
aspects of the project.
Task A-2 Data Collection and Document Review
The Consultant shall assemble pertinent data and plans along
with documents from FDOT and Dade County pertaining to the project.
Traffic volumes and accident data from the FDOT shall be assumed
sufficient for the project.
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TAIX_Am/ Supplemental Survey
The Consultant shall conduct aerial topographic and rights-
of-way field surveys along the following roadways:
o 73rd Street - Ocean Terrace to Collins Court
o 74th Street - Collins Court to Ocean Terrace
o 75th Street - Ocean Terrace to Collins Court
o 71st Street - Rue Notre Dame to Abbot
o Ocean Terrace - 75th Street to 73rd Street
o 74th Street - Collins Court to Ocean Terrace
o 71st Street - Rue Notre Dame to Bay Drive
The Consultant shall prepare 1" = 20 ' topographic plans
depicting surface features, underground utilities, and street
right-of-way lines along each corridor from building face to
building face or 10 feet behind the back of sidewalk. Elevations
and inverts will not be required at this time.
Task A-4 Base Plan Preparation
The Consultant shall prepare 1" = 20 ' scale base plans from
the existing aerial plans and survey data, supplemented through
field inventory and field data collection.
Task A-5 Reconnaissance Walk
The Consultant shall conduct a field walk of the project area
with members of the City Staff, Northshore Neighborhood Development
Corp. , and other interested parties to identify deficiencies and
concerns.
Deliverables: Task Group A
Project Schedule
Base Plans 1"= 20"
Memo of Reconnaissance Walk
Task Group B - Functional Plan Preparation
Task B-1 Functional Plan Preparation
The Consultant shall prepare one functional plan for the
project area that evaluates alternative treatments and materials
for the enhancement of the streetscape. The following design
elements shall be evaluated in the preparation of the functional
plan:
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o On-street parking (inventory)
o Intersection capacity
o Lane arrangement
o Roadway and curb line geometry
o Bus stop requirements
o Loading zones
o Sidewalk Requirements (Size, Material,Color)
o Special Requirements for the Handicapped
o Landscaping
o Irrigation
o Street lighting fixtures
o Traffic Signal Requirements
o Drainage Requirements
o Signage
o Street Fixtures
Task B-2 FDOT Design Integration
The Consultant shall review the existing PD & E design plans
prepared by FDOT and coordinate with the design requirements for
the various aspects of the streetscape improvement plan including:
o Geometry
o On street parking
o Lane-use
o Bus Stop & Loading Zones
o Traffic signals
o Pavement markings and signing
o Drainage
o Illumination
Task B-3 Life Cycle Cost Analysis
The Consultant shall prepare a life cycle cost analysis on
street fixtures, landscaping, sidewalk materials and lighting for
the selected alternative.
Task B-4 Estimate of Probable Construction Cost
The Consultant shall prepare an opinion of probable cost for
the streetscape improvements. The estimate shall be prepared based
on the final approved functional plan and design details and shall
be projected to the construction year.
Task B-5 Maintenance of Traffic During Construction Plan
The Consultant shall prepare a preliminary staging and
construction sequence plan that addresses the requirements for
maintaining vehicular and pedestrian traffic. This plan shall also
coordinate the planned improvements under design by FDOT for
pavement and sidewalk repair.
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Task B-6 7uctiQflal Design Report
The Consultant shall prepare a functional design report (8 1/2
X 11) that identifies the project:
o Objectives
o Goals
o Functional Plan
a Design Details
o Estimate of Cost
o Schedule
o Maintenance of Traffic Plan
o Life Cycle Cost Analysis
Task 8-7 Presentation Plan
The Consultant shall prepare a colored presentation plan of
the proposed improvements at a scale of 1" = 20' .
Task Group C - Coordination and Meetings
Task C-1 City Staff Workshops
The Consultant shall conduct two (2) meetings with the staff
to discuss the formulation of the Functional Plan and streetscape
details.
Task C-2 Neighborhood Presentations
The Consultant shall make up to two (2) presentations to the
Northshore Neighborhood Development Corporation.
Task C-3 FDOT Coordination
The Consultant shall meet up to four (4) times with FDOT for
purposes of coordinating projects.
Deliverables: Task Group C
Attendance at 8 meetings
Meeting Minutes
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Task Group D - Final Design
The scope of services and fee are to be determined after the
preliminary phase. It is anticipated they will include:
Task D-1. On the basis of the accepted functional plan
and report, and the opinion of probable construction cost, prepare
for incorporation in the contract documents final drawings to show
the general scope, extent and character of the work to be furnished
and performed by the contractor (hereinafter called Drawings) and
Technical Specifications.
Task D-2 Provide technical criteria, written
descriptions and design data for the City's use in filing
applications for permits with or obtaining approvals of such
governmental authorities as have jurisdiction to approve the design
of the project, and assist the City in consultants with appropriate
authorities.
Task D-3 Advise City of any adjustments to the latest
opinion of probable construction costs caused by changes in general
scope, extent or character or design requirements of the project
or construction costs. Furnish to the City a revised opinion of
probable construction cost based on the Drawings and
Specifications.
Task D-4 Prepare for review and approval by City, its
legal counsel and other advisors, contract agreement forms, general
conditions and supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to bidders (all of
which shall be consistent with the forms and pertinent guide sheets
prepared by the Engineers Joint Contract Documents Committee) , and
assist in the preparation of other related documents.
Task D-5 Furnish five (5) copies of the above documents
and of the Drawings and Specifications and present and review them
in person with the City.
The duties and responsibilities of the consultant during the
Final Design Phase may be further amended at a future date.
Task Group E - Bidding Phase
The scope of services and fee are to be determined after the
preliminary phase. It is anticipated they will include:
Task E-1 Assist the City in advertising for and
obtaining bids or negotiating proposals for each separate prime
contract for construction, materials, equipment, and services; and,
where applicable, maintain a record of prospective bidders to whom
[CHENEY]126-8990.
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bidding documents have been issued and attend pre-bid conferences.
Task E-; Issue addenda as appropriate to interpret,
clarify or expand the bidding documents.
Task -3 Consult with and advise the City as to the
acceptability of subcontractors, suppliers and other persons and
organizations proposed by the prime contractor(s) (herein called
"contractors") for those portions of the work as to which such
acceptability is required by the bidding documents.
Task E-4 Consult with the City and determine the
acceptability of substitute materials and equipment proposed by
contractors when substitution prior to the award of contracts is
allowed by the bidding documents.
Task E-5 Attend the bid opening, prepare bid tabulation
sheets and assist the City in evaluating bids or proposals and in
assembling and awarding contracts for construction, materials,
equipment and services.
The duties and responsibilities of the consultant during the
Bidding Phase may be further amended at a future date. The
consultant estimates a total of two prime contracts.
Task Group F - Construction Phase
The scope of services and fees are to be determined after the
preliminary phase. It is anticipated they will include:
Task 1?-1 General Administration of Construction Contract
Consult with and advise the City, and act as the City's
representative. All of the City's instructions to the contractor
will be issued through the consultant, who will have authority to
act on behalf of the City.
Task F-2 Visits to Site and Observation of Construction
In connection with observations of the work of the contractor
while it is in progress, the consultant shall:
o Make visits to the site at intervals appropriate to the
various stages of construction as the consultant deems
necessary in order to observe as an experienced and
qualified design professional the progress and quality
of the various aspects of the contractor's work. In
addition, the consultant shall provide the services of
a Resident Project Representative (and assistants as
agreed) at the site to assist the consultant and to
[CHENEY]126-8990.
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provide more continuous observation of such work.
Based on information obtained during such visits and on
such observations, the consultant shall endeavor to
determine in general if such work is proceeding in
accordance with the Contract Documents and the consultant
shall keep the City informed of the progress of the work.
o The Resident Project Representative (and any assistants)
will be the consultant' s agent or employee and under the
consultant ' s supervision. The duties and responsibilities
of the Resident Project Representative (and assistants)
are set forth in Exhibit D "Duties, Responsibilities and
Limitation of Authority of Resident Project
Representative. "
o The purpose of the consultant's visits to and
representation by the Resident Project Representative
(and assistants, if any) at the site will be to enable
the consultant to better carry out the duties and
responsibilities assigned to and undertaken by the
consultant during the Construction Phase, and in
addition, by exercise of the consultant's efforts as an
experienced and qualified design professional, to provide
for the City a greater degree of confidence that the
completed work of the contractor will conform generally
to the Contract Documents and that the integrity of the
design concept as reflected in the Contract Documents has
been implemented and preserved by the contractor. The
consultant shall not, during such visits or as a result
of such observations of the contractor' s work in
progress, supervise, direct or have control over the
contractor' s work nor shall the consultant have authority
over or responsibility for the means, methods,
techniques, sequences or procedures of construction
selected by the contractor, for safety precautions and
programs incident to the work of the contractor or for
any failure of the contractor to comply with laws, rules,
regulations, ordinances, codes or orders applicable to
the contractor's furnishing and performing their work.
Accordingly, the consultant can neither guarantee the
performance of the construction contracts by the
contractors nor assume responsibility for the
contractor' s failure to furnish and perform their work
in accordance with the Contract Documents.
Task F-3 Defective Work During such visits and on the
basis of such observations, the consultant may disapprove or
reject the contractor's work while it is in progress if the
consultant believes that such work will not produce a
completed project that conforms generally to the Contract
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Documents or that it will prejudice the integrity of the
design concept of the project as reflected in the Contract
Documents.
Task F-4 Interpretatiops and ClArifications The consultant
shall issue necessary interpretations and clarifications of
the Contract Documents and in connection therewith prepare
work directive changes and change orders as required.
Task F-5 Shop Drawings The consultant shall review (or take
other appropriate action in respect of) Shop Drawings, samples
and other data which the contractor is required to submit, but
only for conformance with the design concept of the project
and compliance with the information given in the Contract
Documents. Such reviews and approvals or other action shall
not extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions and
programs incident thereto.
Task F-6 Substitutes The consultant shall evaluate and
determine the acceptability of substitute materials and
equipment proposed by the contractor, but subject to
Additional Services in making revisions to the Drawings and
Specifications occasioned by the acceptance of substitutions
proposed by the contractor, and Additional Services after the
award of each contract in evaluating and determining the
acceptability of an unreasonable or excessive number of
substitutions proposed by the contractor.
Task F-7 Inspections and Tests The consultant shall have
authority as the City' s representative, to require special
inspection or testing of the work, and shall review all
certificates of inspections, testings and approvals required
by laws, rules, regulations, ordinances, codes, orders or the
Contract Documents (but only to determine generally that their
content complies with the requirements if, and the results
certified indicate compliance with, the Contract Documents) .
Task F-8 Disputes Between City and Contractor The consultant
shall act as initial interpreter of the requirements of the
Contract Documents and judge of the acceptability of the work
thereunder and make decisions on all claims of the City and
contractor relating to the acceptability of the work or the
interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the work. The
consultant shall not be liable for the results of any such
interpretations or decisions rendered in good faith.
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Tasty F-9 Applications for Payment Based on the consultant' s
on-site observations as an experienced and qualified design
professional , on information provided by the Resident Project
Representative and on review of applications for payment and
the accompanying data and schedules:
o The consultant shall determine the amounts owing to the
contractor and recommend in writing payments to the
contractor in such amounts. Such recommendations of
payment will constitute a representation to the City,
based on such observations and review, that the work has
progressed to the point indicated, and that, to the best
of the consultant's knowledge, information and belief,
the quality of such work is generally in accordance with
the Contract Documents (subject to an evaluation of such
work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called
for in the Contract Documents and to any other
qualifications stated in the recommendation) . In the
case of unit price work, the consultant's recommendations
of payment will include final determinations of
quantities and classifications of such work (subject to
any subsequent adjustments allowed by the Contract
Documents) .
o By recommending any payment the consultant will not
thereby be deemed to have represented the exhaustive,
continuous or detailed reviews or examinations have been
made by the consultant to check the quality or quantity
of the contractor' s work as it is furnished and performed
beyond the responsibilities specifically assigned to the
consultant in this Agreement and the Contract Documents.
The consultant's review of the contractor's work for the
purposes of recommending payments will not impose on the
consultant responsibility to supervise, direct or control
such work or for the means, methods, techniques,
sequences, or procedures of construction or safety
precautions or programs incident thereto or the
contractor's compliance with laws, rules, regulations,
ordinances, codes or orders applicable to their
furnishing and performing the work. It will also not
impose responsibility on the consultant to make any
examination to ascertain how or for what purposes any
contractor has used the monies paid on account of the
contract price, or to determine that title to any of the
work, materials or equipment has passed to the City free
and clear of any lien, claims, security interests or
encumbrances, or that there may not be other matters at
issue between the City and the contractor that might
affect the amount that should be paid.
[CHENEY]126-8990.
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Task 7-20 Contractor' s Completion Documents The
consultant shall receive and review maintenance and operating
instructions, schedules, guarantees, bonds and certificates
of inspection, tests and approvals which are to be assembled
by the contractor in accordance with the Contract Documents.
Such review will only determine that the content complies with
the requirements of, and in the case of certificates of
inspection, tests, approvals and certified results, indicate
compliance with the Contract Documents. The consultant shall
transmit them to the City with written comments.
Task F-11 Inspections The consultant shall conduct an
inspection to determine if the work is substantially complete
and a final inspection to determine if the completed work is
acceptable so that the consultant may recommend, in writing,
final payment to the contractor and may give written notice
to the City and the contractor that the work is acceptable
(subject to any conditions therein expressed) , but any such
recommendation and notice will be subject to the limitations
expressed in paragraph F-9, Item 2.
Task F-12 Limitation of Responsibilities The consultant
shall not be responsible for the acts or omissions of any
contractor, or of any subcontractor or supplier, or any of the
contractor' s subcontractor' s or supplier's agents or employees
or any other persons (except the consultants own employees and
agents) at the site or otherwise furnishing or performing any
of the contractor' s work; however, nothing contained in this
Agreement shall be construed to release the consultant from
liability for failure to properly perform duties and
responsibilities assumed by the consultant in the Contract
Documents.
OWNERS RESPONSIBILITIES
a) Furnish Record Drawings
b) Provide a copy of existing data and documents and reports
c) Coordinate and assemble meetings
d) Financial consulting services
e) Legal services
FDOT RESPONSIBILITIES
a) Furnish survey and aerial topographic data
b) Provide accident and traffic volume data
[CHENEY]126-8990
44
EXHIBIT "B"
4ORTH SHORE COMMUNITY AREA IMPROVEMENTS
PROJECT PERSONNEL
Principal in Charge Dan S. Brame
Project Manager Paul F. Schmidt
Urban Designer David Risinger
[CHENEY)126-8990.
45
.
EXHIBIT ”Cu
O • ! • _ • Yet • I• Y_
PROJECT SCHEDULE
PRELIMINARY DESIGN
o Project Inventory and Data Collection - completion within
45 days after receipt of FDOT surveys and aerial surveys.
o Functional Plan Presentation - completion within 60 days
from receipt of supplemental aerials and DOT survey
plans.
o Workshops and Neighborhood Presentations, Council
Presentation - completion within 60 days from Functional
Plan Approval.
[CHENEY]126`8990.
46
OR IG INAT.
RESOLUTION NO. 90-20164
Au Ellin.iz ing the Mayor and City Clerk to
execute an agreement with Kimley-Horn and
Associates, Inc. , for professional
w
engineering services for the "North Shore
Community Area Improvements".
4
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