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2008-26929 ResoRESOLUTION NO. 2008-26929 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 5 TO THE SOUTH POINTE PARK PROFESSIONAL SERVICES AGREEMENT WITH HARGREAVES ASSOCIATES, INC. (HARGREAVES), IN THE AMOUNT OF $361,342, FROM THE PREVIOUSLY APPROPRIATED SOUTH POINTE CAPITAL FUND NO. 389, FOR ADDITIONAL PROFESSIONAL SERVICES FOR THE SOUTH POINTE PARK PIER PROJECT (PIER PROJECT) FOR THE REMAINING DESIGN AND ENGINEERING, PERMITTING, BID AND AWARD, AND CONSTRUCTION ADMINITRATION PHASES, NOT INCLUDED WITHIN THE PREVIOUSLY APPROVED DESIGN CRITERIA PACKAGE. WHEREAS, on January 12, 2005, the City Commission authorized the execution of an Agreement between the City and Hargreaves Associates, Inc. (Hargreaves or Consultant) for the planning of the South Pointe Park improvements; and WHEREAS, on July 27, 2005, the South Pointe Park Basis of Design Report (BODR) was approved by the City Commission; and WHEREAS, although the improvements to the existing pier at South .Pointe Park (Park) were not originally included as part of the current Park funding or scope of work, the Consultant was asked to review and provide an opinion as to its integration into the overall South Pointe Park design; and WHEREAS, Hargreaves' preliminary conceptual design recommendations for the Pier Project were included in the approved BODR; and WHEREAS, on October 11, 2006, the Administration recommended to the City Commission to amend the Agreement with Hargreaves to develop a design criteria package relative to the renovation of the Pier Project; and WHEREAS, the purpose of the design criteria package was to furnish sufficient design criteria to allow the City to issue a Request for Qualification (RFQ) for adesign- build firm to produce the construction documents, procure permits, and construct the Pier Project; and WHEREAS, Hargreaves's services as part of the design criteria package were limited in scope; and WHEREAS, it is understood that the design-build delivery method assumes that the Contractor or other parties of that team will be responsible for the preparation of construction documents, securing all regulatory permits, and the evaluation of the construction in accordance with design intent, permitted activities, and contractual obligation; and WHEREAS, as the Park progressed, it became evident that tighter controls on design and its development through permitting and construction documents would be necessary to assure that the end product would result in as seamless as possible connection between the Park and the Pier Project ;and WHEREAS, the Pier Project delivery method was then re-evaluated and instead of proceeding with only a design criteria package, Hargreaves was requested to provide a proposal for additional professional services for a conventional design-bid-build approach; and WHEREAS, this approach would provide Hargreaves the necessary controls to assure that design continuity between the Park and Pier Project is adhered to; and WHEREAS, it would also allow the design team to commence with the permitting process concurrently as the construction documents are developed; and WHEREAS, this shift in project delivery method requires modifications to the previously approved scope of services; and WHEREAS, the City and Hargreaves negotiated Amendment No. 5 to the South Pointe Park Professional Agreement, in the amount of $361,342, for the revised scope of work that would allow for the completion of the Pier Project. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute Amendment No. 5 to the South Pointe Park Professional Services Agreement with Hargreaves Associates, Inc. (Hargreaves), in the amount of $361,342, for additional professional services for the Pier Project, from the previously appropriated South Pointe Capital Fund No. 389. PASSED and ADOPTED this 5th day of November , 2008. ATTEST: e~ ~~~ Robert Parcher, City Clerk i Herrera B wer, Mayor T:\AGENDA\2008\November 5\Consent\S-SPTPKPier-02-11.05.08-Reso.Rev.doc APPROVED AS TO FORM & LANGUAGE ~ FOR EXECUTION 1 o''SQ 0~' ' Attomey~r,' Date W COMMISSION ITEM SUMMARY f'_nnrlancarl Titlp• A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 5 to the South Pointe Park Professional Services Agreement with Hargreaves Associates, Inc. (Hargreaves), in the amount of $361,342, from the previously appropriated South Pointe Capital Fund No. 389, for the completion of the design, permitting, bidding and award and construction administration phases of the South Pointe Pier Project (Pier Project). Key Intended Outcome Supported: To ensure well designed quality Capital Projects; to ensure well maintained infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): More recreation opportunities are ranked by residents as one of the changes that will make Miami Beach a better place 79% of residents rated recreation programs and facilities as excellent or good. Issue: Shall the City Commission approve the resolution? Item Summary/Recommendation: The South Pointe Park Basis of Design Report (BODR) prepared by Hargreaves Associates, Inc. (Hargreaves) was approved by the City Commission on July 27, 2005. Although the improvements to the existing South Pointe Pier (Pier Project) were not originally included as part of the current park funding or scope of work, the Consultant was asked to review its condition and to provide an opinion as to its integration into the overall South Pointe Park design. Hargreaves' preliminary conceptual design recommendations for the Pier Project were included in the approved BODR. On October 11, 2006, the Administration recommended to the City Commission to amend the Agreement with Hargreaves to develop a design criteria package relative to the renovation of the Pier Project. The purpose of the design criteria package was to furnish sufficient design information to allow the City to issue a Request for Qualification (RFQ) for a design-build firm to produce the construction documents, procure permits, and construct the Pier Project. Hargreaves developed and presented further refined conceptual design options to the Finance and Citywide Projects Committee (Committee). Up to this point, the level of effort performed by Hargreaves has fallen within the previously funded design criteria package tasks; however, the Pier Project delivery method has been re-evaluated to provide for a conventional design-bid-build approach instead which would allow the design consultant to proceed with the permitting process and finalize documents. The City and Hargreaves negotiated Amendment No. 5 to the Agreement, in the amount of $361,342, for additional professional services relative to the completion of the Pier Project. The Administration recommends approval of the Resolution. By approving the Resolution, the Administration will be able to proceed with completing design, construction documents, permitting, bidding and award, and construction administration phases of the Pier Project. Adviso Board Recommendation: Finance and Cit ide Projects Committee Financial Information: Source of Amount Account Funds: 1 $361,342 Previously appropriated South Pointe Capital Fund 389 -Account No. 389-2577-061357 2 3 PI Total $361,342 Financial Im act Summa Cit Clerk's Office Le islative Trackin Nu Menicucci, ext. 6958 Si n-O De nt Director i t Ci Mana er 't Mana er JEC TH JMG T:\AG D \2 0 ovember 5\Consent\S-SPTPKPier 2-11.05.08-SUMM.Rev.doc ~ V 1 / Y 1~ ~~~~~ AGENDA ITEM DATE f'~^5'n`~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City C mmission FROM: Jorge M. Gonzalez, City Manager . DATE: November 5, 2008 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 5 TO THE SOUTH POINTE PARK PROFESSIONAL SERVICES AGREEMENT WITH HARGREAVES ASSOCIATES, INC. (HARGREAVES), IN THE AMOUNT OF $361,342, FROM THE PREVIOUSLY APPROPRIATED SOUTH POINTE CAPITAL FUND N0.389 FOR THE COMPLETION OF THE DESIGN, PERMITTING, BIDDING AND AWARD, AND CONSTRUCTION ADMINISTRATION PHASES OF THE SOUTH POINTE PARK PIER PROJECT (PIER PROJECT). ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding for this task has been previously appropriated in FY 2006-2007 Capital Budget, specifically South Pointe Capital Fund No. 389 for design. ANALYSIS On January 12, 2005, the City Commission authorized the execution of an Agreement between the City of Miami Beach and Hargreaves Associates, Inc. (Hargreaves) for the planning of the South Pointe Park improvements. On July 27, 2005, the South Pointe Park Basis of Design Report (BODR) prepared by Hargreaves was approved by the City Commission. Although the improvements to the existing pier at South Pointe Park were not originally included as part of the current park funding or scope of work, the Consultant was asked to review its condition and to provide an opinion as to its integration into the overall South Pointe Park design. Hargreaves' preliminary conceptual design recommendations for the Project were included in the approved BODR. On October 11, 2006, considering the remaining life-cycle of the Pier, rising material costs, and an extensive environmental permitting process, the Administration recommended to the City Commission to amend the Agreement with Hargreaves to develop a design criteria package relative to the renovation of the Pier Project pursuant to Resolution No. 2006- 26364. Hargreaves was considered for the development of the design criteria package due to their involvement in the South Pointe Park Master Plan. The purpose of the design criteria package was to furnish sufficient design criteria to allow the City to issue a Request for Qualification (RFQ) for adesign-build firm to produce the construction documents, procure permits, and construct the Pier Project. City Commission Memorandum November 5, 2008 South Pointe Park Pier Page 2 of 3 Hargreaves's primary services for a design criteria package consisted of Task A (Concept Design), Task B (Schematic Design), and Task C (Design Criteria Package). Upon completion of the primary services, Hargreaves's involvement would be as an advisory role for limited services on anot-to-exceed hourly basis for Task D (Bidding), Task E (Construction Documentation), Task F (Construction Observation). It is understood that the design-build delivery method assumes that the Contractor or other parties of that team will be responsible for the preparation of construction documents, securing all regulatory permits, and the evaluation of the construction in accordance with design intent, permitted activities, and contractual obligation. See below for a description of tasks. Har reaves' Amendment No. 2 -Services for a Desi n Criteria Packa e Prima Service A, B, & C ; in ro ress $ 199,864 A Concept Design; 100% complete B Schematic Design; 100% complete cn C Desi n Criteria Packa e; 55% com lete Y V) Q Adviso Role D, E, & F; limited sco a ;not et be un $ 67,270 ~ D Bidding; 0% complete E Construction Documentation; 0% complete F Construction Observation; 0% com lete Total $ 267,134 On October 25, 2007, a discussion on the Pier Project was held at the Finance and Citywide Projects Committee (Committee) meeting. At that meeting, several cost options were provided by Hargreaves, along with five (5) conceptual design options. The Committee's preferred option was Alternate Two: Rebuild Pier within the existing footprint. After further refinement, Hargreaves developed and presented further conceptual design options to the Committee on May 29, 2008, and July 10, 2008. Hargreaves, as directed by the Committee at the July 10th meeting, is to modify the design to maintain its construction cost within $4 Million (refer to July 10t design proposal, Exhibit A). Hargreaves plans to return and present a revised scheme to the Committee at the end of the design development phase, but prior to commencing the construction documents phase, for the Committee's approval. Up to this point, the level of effort performed by Hargreaves can be categorized within the scope of work of the previously funded Amendment No. 2 (Primary Service Tasks A, B, & C). As the South Pointe Park (Park) progressed, it became evident that tighter controls on design and its development through permitting and construction documents would be necessary to assure that the end product would result in as seamless as possible connection between the Park and the Pier Project. The Pier Project delivery method was then re-evaluated and instead of proceeding with only a design criteria package, Hargreaves was requested to provide a proposal for additional professional services for a conventional design-bid-build approach. This approach would provide Hargreaves the necessary controls to assure that design continuity between the Park and Pier Project is adhered to. It would also allow the design team to commence with the permitting process concurrently as the construction documents are developed. This shift in project delivery method requires modifications to the previously approved scope of services. The remaining portion of the original Task C (Design Criteria Package) has been reprogrammed for Hargreaves to provide a design submittal package to be presented to the Committee for review and approval. In turn, Hargreaves will not be required to perform Tasks D, E, and F in an advisory role. These fees, previously approved under City Commission Memorandum November 5, 2008 Soufh Pointe Park Pier Page 3 of 3 Resolution No. 2006-26364, will be reprogrammed to the revised scope of work. The City and Hargreaves have negotiated additional professional services fees for the revised scope of work that would allow for the completion of the Pier Project (Design / Engineering, Permitting, Bidding and Award, and Construction Administration Services), in the amount of $416,612. The net amount for the additional fees is $349,342, when crediting the previously approved fees for Tasks D, E, and F ($67,270). There is also a provision of $12,000 in estimated reimbursable expenses bringing Amendment No. 5 to a total of $361,342. This negotiated fee is commensurate with the professional services required for this scope of work involving coastal engineering and marine type construction and consistent with the level of effort of the professional team involved, as outlined in Exhibit B. As a point of reference with respect to the Pier Project's complexities, the following represents some, but not all of the regulatory agencies that will have significant review jurisdiction: US Army Corps of Engineers, US Coast Guard, Florida Department of Environmental Protection (DEP), Florida Fish and Wildlife Conservation Commission (FWC), South Florida Water Management District (SFWMD), Miami-Dade County Department of Environmental Resources Management (DERM), Miami-Dade County Shoreline Review Board, and City of Miami Beach. The overall professional fee associated with this work, inclusive of the previously approved Amendment No. 2, is approximately 15%, based on the current construction budget of $4 million. See table below. Professional fee % - $4M Construction BUDGET less reimbursable ex ense In Amendment No. 2 Ori final Desi n Criteria Packa e a roach $267,134 6.7% In Amendment No. 5 current Desi n-Bid-Build a roach $349,342 8.7% Total $616,476 15.4% On June 21, 2008, in an effort to offset some of the professional design fees associated with the Pier Project, and explore other available revenue streams, the City's Grants Manager and CIP staff jointly presented before the Florida Inland Navigation District (FIND) a grant application for design fees. The FIND Commission has approved a grant, in the amount of $323,075. Once the Agreement between the City and FIND is executed, these funds will be available for the Pier Project. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution authorizing the Mayor and City Clerk to execute Amendment No. 5 to the Agreement with Hargreaves Associates, Inc. (Hargreaves), in the amount of $361,342, for additional professional services for the Pier Project from the previously appropriated South Pointe Capital Fund 389. Attachments T:\AGENDA\2008\November 5\Consent\S-SPTPKPier-02-11.05.08-Memo.Rev.doc 0 _ ~, 0 N O . O ~ U ~;F 9" 5-- .^`e +1 V dY :J 1 gi R.v V', '~ W Y a U 00 - O Z O N (~ w a Z T Z ~ ~ Q ~ C a ry r Q U Q U Q J Q U Q m H N Q F 1 _ ~ _, _ ~ a Y ~ ~ a ~ ~ O ` ~ m ` V Z ~ XH 1~31'~ A ~ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, vrww.miamibeachfl.gov COMMISSION MEMORANDUM 70: Mayor Matti Herrera Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: September 10, 2008 suB~ECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING OF JULY 10, 2008. OLD BUSINESS O1. Discussion on the South Point Pier ACTION The Committee directed Matthew Tucker from Hargreaves Associates to come back with a modified construction design and to reduce the total construction cost to $4 million. Matthew Tucker from Hargreaves Associates presented the item regarding the South Point Pier. He opened the discussion by indicating that he was providing an update to address the Committee's directives and comments provided at the May 29, 2008 Finance & Citywide Projects Committee meeting. He stated that the Committee had previously selected the Guppy Alternative with some modifications and suggestions to include all new structure to extend the useful fife of the pier, some shade structures in the walking areas, and to make the pier as wide as possible. He then stated that as a result of widening the walkways, the revised plan increases the square footage by 5,000 ft. and that the current construction budget estimate, which includes all modifications and suggestions, is $5,660,000. He then noted that the construction budget would be closer to $4 million if the widening of platforms and walkways was not considered. Chairman Saul Gross questioned as to how the estimates were obtained. Mr. Tucker stated that they are internal estimates. Mr. Tucker then presented the pros and cons of the updated plan as follows: Pros • Minimal change to the existing footprint • Addresses FCWPC comments regarding Alternative 2 design, shade structures, pier width, and pier use • Provides new shade, lighting and seating to the pier and extends pier life- span • Correlates with the Army Corps of Engineers' support for rehabilitating the pier for public access • Preliminary meetings with regulatory agencies indicate widening and new superstructure are possible • Opportunity to evaluate cost considerations as design and engineering progresses • Long-term solution Cons • Increased square footage of pier results in additional construction costs. • New structure may lengthen the permit process Commissioner Ed Tobin asked if a section could be added for concession stands. Mr. Tucker, responded that regulatory agencies prefer that concession stands be built on land. Chairman Saul Gross asked if it would be worth spending approximately '$1.6 million in widening the walkways and platforms to 20 feet and then asked for comments from Public Works. Public Works Director Fred Beckmann stated that the project is expensive and that at the same time the extra space may be needed to separate the activities carried out in the pier. Commissioner Deede Weithorn asked what the budget for the project is. Chief Financial Officer, Patricia Walker stated that the appropriated funding is $969,231 primarily for design and engineering and that $3.2 million is requested in the Capital Budget for FY 2008/09 for construction but is not yet funded. Chairman Gross and Commissioner Weithorn agreed that if the funding available is $4 million, the pier should be built for $4 million. Commissioner Weit!•iorn then stated that the designers should work on a footprint according to the funding available. The Committee directed Matthew Tucker from Hargreaves Associates to come to present a modified construction design and to reduce the total construction cost to $4 million. 2. Discussion Regarding the FY 2008/09 Proposed Operating Budget - Opened and Continued from July 8, 2008 ACTION Incorporate the efficiency/reorganization, service reduction and revenue enhancement alternatives identified by the Committee into the Proposed FY 2008!09 Operating Budget. ~Xt~ 11~31T C'S ASSOCIATES SAN FRANCISCO CAMBRIDGE NEW YORK LONDON October 24, 2008 ii8 MAGAZINE STREET CAMBRIDGE, MA on;9 6i7 66i o07o T 6i7 66i oo6q f Mr. Jorge E. Chartrand, HARGREAVES.COM D i recto r Capital Improvements Projects Office City of Miami Beach 1700 Convention Center Dr. Miami Beach, Florida 33139 ~ GEORGE HARGREAVES Re: South Pointe Park- PIER MARY MARGARET JONES Engineering, Permitting, Biddingb'a Award, and Construction Related Services HA Project #: SPP0502 GLENN ALLEN GAVIN MCMILLAN KIRT RIEDER CATHERINE MILLER Dear Jorge KEN HAINES JACOB PETERSEN Hargreaves Associates is very pleased to submit the enclosed scope of services and fee proposal for MEGAN CLARK BRIAN ENCEK the rehabilitation of the South Pointe Pier. Given its location at the "hinge" between the beach and J SCOTT SMITH South Pointe Park, the pier will be a remarkable destination for the visitors and residents of Miami Beach. As the ent oint to the Port of Miami and the Atlantic Ocean, the ler will be a atewa to the ry P P g Y MATTHEW J. TUCKER World and Complement the strong International Identity of Mlaml Beach. YOONCHULCHO BERNWARD ENGELKE YUMI LEE Over the last two years our work on the pier has proceeded from initial programming studies and ANDY HARRIS structural evaluation to the current schematic design efforts and coordination with the City's Finance SUE BAILEY MISTY MARCH and Citywide Projects Committee. During these efforts the design alternatives have been honed and ALAN LEWIs the current direction is to replace the pier superstructure within a similar footprint while also improving the aesthetic appearance and user experience of the pier in a manner that is complementary to that found at South Pointe Park. In February 2007, Hargreaves Associates was authorized to lead Concept Design, Schematic Design and Design Criteria Package services. Upon completion of these primary services, Hargreaves Associates is to assume an advisory role, while the City completes the project with aDesign-Build Contractor. During the design build process, Hargreaves Associates is to be available to the City for review and advisory consultation on an hourly basis. The design-build delivery method assumes that the Contractor or other parties will be responsible for the preparation of construction documents, the preparation and securing of all regulatory permits and the evaluation of the construction in accordance with design intent, permitted activities, and contractual obligation. In late 2007/early 2008, City staff instructed Hargreaves to continue with contracted services for the design and budget development of the pier as currently contracted, but to assume the possibility of a change in project delivery to that of the design-bid-build method. Given the highly specialized nature of this project, this would allow the City to ensure professional quality control throughout the design, permitting and construction phases. The enclosed proposal allows Hargreaves Associates to lead the professional services required of the design-bid-build project delivery. This includes full services for construction documents, permitting, bidding, and construction administration. To complete the proposed scope of services, Hargreaves Associates recommends an adjustment in our current contracted scope of services and fees for the pier. The October 11, 2006 Resolution 2006- 26364 (Amendment 2) included the following tasks: A. Concept Design comp/ete B. Schematic Design comp/ete C.' Design Criteria Package under completion D. Bidding- (advisory role only) E. Construction Documentation-(advisory role only) F. Construction Observation (advisory role only) Primary services A, B, and C described above are authorized for a fixed sum of US$199,864. Advisory services D, E, and F are authorized on an hourly basis, not to exceed rate of US $67,270. In lieu of partial services for D, E and F, this scope of services allows Hargreaves Associates to fully assist the City with professional services, with the addition of permitting, until the end of construction. Our proposed fee for these services is $416,612. We believe this scope and fee is well within the market standard to retain professionals qualified to address complex, specialized coastal improvement projects. Current design efforts to date have been .performed under items A, B and C. To provide the proposed scope of services, we request the previous scope of services be considered "complete" upon the submittal of design package suitable for confirmation of design and budget direction, upon review and approval by the Finance and Citywide Projects Committee. We recommend the remaining previously authorized fee of $67,270 (for Items D, E and F) be reallocated and applied to the current proposed fee. This will result in a balance of $349,342 for the proposed scope of work, pending authorization. Any evaluation of the proposed project fee should take under consideration this project's extremely unique set of physical, legal and environmental logistical challenges that require specialized professional qualifications. These qualifications include those experienced in delivering world-class design, those experienced in navigating complex regulatory requirements, and those experienced in specialized engineering required of maritime structures. In short, a pier in the Atlantic Ocean is not an everyday project. The project has several unique characteristics beyond its condition as a simple, water-borne structure. The project sits within a highly visible, narrow navigation channel used for international shipping and leisure cruise ships. All coastal maritime and navigation requirements will need to be satisfied before and during construction. The physical location also requires unique considerations as to how to properly engineer the project so as to anticipate limited, water-based construction access. Given its location, the project site also has multi-layered jurisdictional land and water rights between the City, State and Federal government. All land and water rights will need to be updated and secured prior to construction. Project complexity is further heightened by sensitive environmental conditions, including known threatened species protection (e.g. sea turtle nesting) and unknown marine environmental conditions. All required permitting will need to be secured and the conditions monitored so as to complete the project with minimal environmental impact. A substantial portion of the project fees are dedicated to navigating these unique permitting circumstances not typically found on capital improvement projects. The project team offers considerable professional experience so as to successfully secure permitted activities to realize the project. We feel these unique circumstances and the qualifications to overcome these project challenges should be strongly considered in the evaluation of the attached scope and fee and the distribution of fees amongst design and engineering, specialized permitting, and construction administration. We would be pleased to answer questions you may have or to clarify any points of this proposal. Regards, Matthew Tucker Senior Associate ~ CC: Hargreaves-GMC ASSOCIATES June 30, 2008 Updated August Ol, 2008 Updated October 15, 2008 Updated October 24, 2008 Mr. Jorge E. Chartrand Director Capital Improvements Projects Office City of Miami Beach 1700 Convention Center Dr. Miami Beach, Florida 33139 Re: South Pointe Park- PIER Engineering, Permitting, Bidding& Award, and Construction Related Services HA Project #: SPP0502 Dear Jorge, Based on recent discussions concerning the reconstruction of the South Pointe Pier, we are pleased to submit this revised proposal for Professional Services in connection with the project referenced above. The scope of services outlined herein is continue the evaluation of the design and complete the requisite contract documents, permitting, bidding assistance and construction -related services. The extent of the work will proceed based upon the cumulative comments and direction received from the FCWPC during our presentations of May and July, 2008. 1. PROGRAM: This scope of services is based upon the schematic design efforts completed in 2008 and the current direction to deliver the pier project in adesign-bid-build method of delivery. The recent design and coordination efforts included the presentation of schematic design alternatives, preliminary budget estimates, preliminary meetings with regulatory agencies and two presentations to the City of Miami Beach Finance & Citywide Projects Committee. Meetings held with the project team, City staff and DERM, USACE and DEP representatives indicate support for the project concept and the preliminary "Guppy" design that has been discussed with the F&CWPC. The preliminary project meetings held with the project team, City staff and F&CWPC members indicate the following program considerations. These elements will continue to be a basis for the pier design and engineering: • Preference for pier improvements that replace- rather than repair- the current pier superstructure so as to provide long-term investment in the structure. • Encourage and balance use by a wide range of visitors and anticipate significant use as a 'fishing pier' • The pier should fit the context of South Pointe Park and the significant importance placed upon design and high-quality materials. • The pier design should reflect this balance of use and high quality design, while also delivering a project that can be funded, permitted and implemented. • The pier design should consider the current footprint as the initial basis of the pier structure, with modifications of the pier footprint- in length and/or width- so as to best accommodate a balance between use, funding and permitting. SAN FRANCISCO CAMBRIDGE NEW YORK LONDON ii8 MAGAZINE STREET CAMBRIDGE, MA on35 6i 7 66i o07o T 6i7 66i o064 F HARGREAVES.COM GEORGE HARGREAVES MARY MARGARET JONES GLENN ALLEN GAVIN MCMILLAN KIRT RIEDER CATHERINE MILLER KEN HAINES JACOB PETERSEN MEGAN CLARK BRIAN )ENCEK SCOTT SMITH MATTHEW J. TUCKER YOONCHUL CHO BERN WARD ENGELKE YUMI LEE ANDY HARRIS SUE BAILEY MISTY MARCH ALAN LEWIS • The pier should accommodate areas of shade and seating in a manner that does not distract from or prohibit use as a fishing pier. • The pier should be designed with regulatory considerations in mind, such as limiting pier improvements to those that are 'water-based' activities or upfront consideration of lighting impacts relative to sensitive marine life (sea turtle nesting). 11. SCOPE OF SERVICES A. Hargreaves Associates shall provide professional services on the Project referenced above. In general, the scope of these services shall include: • Marine engineering for the rehabilitation and replacement of the pier superstructure. • Pedestrian pavements for the cutwalk extension and the pier. • Low landscape steps, railings and related site structural elements for the pier and the cutwalk. • Finish grading and surface drainage of pedestrian pavements. • Decks and site furniture including planter pots, trash receptacles and cigarette urns. • Selection and location of fixtures for site lighting. • Planting and soil preparation, if required. • Review with permitting agencies: o U.S. Army Corps of Engineers (Corps) o South Florida Water Management District/ Florida Department of Environmental Protection (SFWMD/DEP) o Miami Dade County Department of Environmental Resources Management (DERM) o Miami-Dade County Shoreline Review o City of Miami Beach o US Coast Guard B. Hargreaves Associates will retain and direct the services of registered professional consultants for: 1. Civil Engineering, including rough grading, subsurface drainage, curbing and gutters. 2. Structural/ Marine Engineering, including retaining walls, stairs, light post and site foundations, guardrails and handrails. 3. MEP Engineering, including site lighting circuitry and site lighting photometrics. C. Hargreaves Associates does not assume responsibility for the work of others not under contract to Hargreaves Associates in the production of construction documents and the sufficiency thereof necessary to the execution of the work. This scope of work includes the following: 1. Construction Documentation Duration: estimated 12 weeks from date of written authorization Based upon the $4million construction budget (hard cost only), the Project Team will develop drawings and technical sections of specifications to construct the work and shall prepare a final opinion of construction cost. The opinion of construction cost shall identify construction alternates equating to approximately 10% of the $4million construction budget. City shall be responsible for providing the Bidding and Contract Requirements and General Requirements divisions of the specifications for incorporation into the construction specification manual. The project team will compile the Bid Forms, Form of Agreement, General Conditions, Special Conditions and Technical Specifications into the Project Manual, which together with the Construction Drawings will be used by the City for bidding and awarding a construction contract. • In developing working drawings and technical sections of specifications, the team shall coordinate with other consultants as required and shall use its best efforts to maintain a construction budget in accordance with the preliminary design estimate accepted by the Client at the end of the preliminary design phase. The team shall prepare working drawings and technical sections of specifications to conform to applicable codes and regulations of governmental bodies having jurisdiction over the work. • Trips and meeting schedule to be determined but shall not exceed two (3 person) meetings in Miami Beach and one (1 person) meetings in Tallahassee or Jacksonville, FL. When possible, trips to Miami Beach shall be coordinated in conjunction with Permitting trips. 2. Permitting and Approvals Duration: Begin permitting concurrent w/ Schematic design. Estimated duration up to 12 months. The Team will prepare and submit environmental permit applications for the Project. The permit applications will include a request for authorization to construct the pier improvements project within the same envelope as the existing pier and extension of the Cutwalk to the pier connection. This scope of services addresses a Project design that is substantially similar to the June 18, 2008 "Guppy" design sketch presented to the environmental permitting agencies in June 2008. Any additional services required to address changes to the owner-approved design will be processed under a separate scope. The City will provide evidence of legal entitlement to apply for the permit on behalf of the State of Florida (land owner). The City will provide all necessary documents relative to proprietary authorization for use of the land, including modification of the existing State easement or any other authorization/entitlement required for Project construction and use/maintenance. The City/Client will provide signed permit application forms and permit fees (amount to be determined). The Client/City will provide all agency-required legal documents and negotiate as necessary for modifications to entitlements for appropriate use of the Project area with federal, state, county, or other agencies. The City will address all agency requirements related to Homeland Security, if applicable. The project team will utilize existing survey and legal information for easement updates. The Project engineer will provide permit sketches and construction drawings in the proper format and with adequate detail for review by the environmental permitting agencies, including requested information regarding construction methodology, monitoring, etc. So as to expedite the permitting process, initial permit applications will be submitted incomplete; additional documentation regarding existing conditions, project design and construction methodology details, confirmation of authorization by the land owner and update of legal instruments for these activities to be constructed and maintained, etc. will be submitted as permit updates so as to fulfill the permit requirements. The project team will procure from public documents additional information such as soils reports, aerial photography, etc. as necessary to supplement the initial permit application packages. NOTE: The initial permit applications will not contain information relating to potential environmental impacts, such as corals on the existing pier pilings (if present); if requested by the regulatory agencies, a biological resource assessment will be provided under a separate scope of services. This scope of services assumes that the regulatory agencies will continue to review the project favorably. If regulatory agencies provide direction that is contrary to the City-approved design, this scope of services assumes the City will concur with environmental agency recommendations. If the City chooses to negotiate with regulatory agencies for approval of Project elements that are not in accordance with these recommendations, services by the project team in support of the City's negotiations will be addressed under a separate scope, if necessary. If the City wishes to expend additional effort in negotiating approval of project elements to which the regulatory agencies initially object, this will take time and budget beyond this scope of services and will be addressed as additional services. These services may include negotiating authorization of non water dependent structures (subject to determination by regulatory agencies), coordinating lobbying or legal entitlement/land use efforts, addressing lighting or navigational concerns, addressing jetty structure, biological resource, water quality, and/or beach impact concerns. The team shall assist the City in filing the appropriate plans and required to secure the necessary design approvals from governmental agencies having jurisdiction over the project, including: A. Federal/State/oint PermitApplication: The project team will work with the City to prepare and submit to the DEP and COE a Joint Permit Application for the proposed Project. This scope of services assumes that the project will qualify for a COE Nationwide Permit and that it will be inclusive of Construction Operations and Real Estate Division authorization and that there will be no objection to the proposed shade structures or other amenities proposed on the pier. This scope of services assumes that additional consultation with the U.S. Fish and Wildlife Service, National Marine Fisheries Service, and/or U.S. Environmental Protection Agency will not be required. Based on agency consultation discussions, the project team will additionally submit a request for confirmation of exemption from the DEP Joint Coastal Permitting program on the basis that the Project will not affect the oceanfront beach's littoral drift, the function of the jetty structure, or inlet processes; the DEP JCP program must confirm that the DEP Environmental Resource Permitting program will have sole state jurisdiction over the project. If there is to be joint jurisdiction for any reason, the City will be advised, as additional permit application and processing fees would be required. This scope of services includes separate DEP Coastal Construction Control Line (CCCL) permitting for the upland walkway right along the Cut and the proposed stair to the beach, but does not include permitting any other unknown activities related to construction means and methods, such as construction staging or access, that may impact the beach-dune system. During the application meetings with DEP, the project team will discuss potential construction scenarios with the DEP so as to identify in the bid documents potential limitations or conditions to construction related to beach dune system access or staging. If during the design and construction document phase, the City and the project team identify that construction means and methods, including staging or access, may impact the beach dune system and the City wishes to initiate additional state permits related to construction access or staging, these permits will be addressed under a separate scope. Ifthe DEP objects to stair installation based on potential beach system or marine turtle impacts, the City will remove this project element. Any City-requested continued negotiations for approval of Project features of a concern to the DEP will be addressed under a separate scope. B. DERM C/ass /Coastal PermitApplication: The project team will prepare and submit a DERM Class I Coastal Construction Permit application for the proposed Project. The City shall provide the project team with signed application form, warranty deed, Affidavit of Ownership and Hold Harmless Agreement, and permit fees (amount to be determined). C. DERM Stormwater Management App/ication: The project team will prepare and submit permit applications for Stormwater management, including paving, grading, and drainage to Miami-Dade County for approval under their Class II Water Control Permitting program. This scope of services assumes that no new or modified tree removal, water, or sewer permits are required for the site; if additional permits are required, these will be addressed under a separate scope of services. D. U.S. Coast Guard Private Aids to Navigation app/ication. The project team will prepare and submit a PrivateAids to Navigation application. E. Review Boards (ifrequired) Utilizing visual aid materials prepared as part of the core scope of services, the team will prepare presentation materials for review by: • Miami Beach Design Review Board (DRB) • Shoreline Development Review Committee (SDRC) F. City ofMiami Beach Building Department G. Basic Permit Processing Basic permit processing for the above-referenced permit applications will be provided under this task. The budget provided for this Basic Permit Processing phase is estimated to address approximately 12 months of permit processing services related to the above-noted permit applications. This scope of services assumes that Miami-Dade County Environmental Quality Control Board approval will not be required and that staffwill recommend approval of what would typically be considered non water dependent features on the pier, such as the shade structures, based on public safety/benefit. Any elements that are not approved by the County Commission will be removed from the Project design or negotiated further under a separate scope. This scope of services includes processing of Project lighting plans through the Florida Fish and Wildlife Conservation Commission (FWC) for approval relative to marine turtle protection requirements as part of the DEP ERP process. This scope of services assumes that the Client will concur with FWC recommendations for protection of marine turtles; if the Client wishes to negotiate further review of light fixtures for which approval is not initially recommended by the FWC, these services will be provided under a separate scope. The project team will maintain contact with the environmental regulatory agencies to review the Project application materials and address questions or comments that staff may have. Coastal Systems will also communicate with the Client and project team regarding additional information required to process the permit applications and any issues raised by agency staff. The following items are not included in the permitting scope of services presented herein: • DEP Coastal Construction Control Line Permits for Construction Staging or other unknown Contractor means and method related activities that may impact the beach- _ dune system. • Utility engineering and permits for such elements as water fountains or fish cleaning stations • State Lands Easement modification • Response to objections or legal actions 3. Bidding and Award Services Duration: up to 4 months from authorization to proceed The Project delivery method has been re-evaluated to provide for adesign-bid-build approach instead which would allow the design consultant to proceed with the permitting process and finalize documents • Trips and meeting schedule to be determined. Three (3) trips are budgeted for this task. Specific tasks include: • Assist the City's Procurement officer in the preparation of the necessary Bid Forms, Form of Agreement and General/Special Conditions of Contract. • Attend the Client's prebid conference to receive technical questions from the bidder's and respond as appropriate. • Provide City with addenda to the bid documents as necessary to clarify document intent. Addenda to be issued by the City. • Attend the Client's bid opening, review bid tabulation and supporting documents with the Client and offer recommendation of action; if work is procured in a method other than low-bid procurement, in lieu of the bid tabulation and award meeting, Hargreaves Associates will attend one Contractor bid/proposal meeting to provide consultation to City as required. • Attend a briefing with the City's selected bidder and the Client to clarify any uncertain issues. 4. Construction Related Services Duration: 12 months from date of written authorization Hargreaves Associates and its consultants shall assist the City during the construction period and act as the City's representative in the administration of construction contract. Members of the project team shall make monthly visits to the site to familiarize itself generally with the progress and quality of construction and to determine in general if .the construction is proceeding in accordance with Hargreaves Associates design intent and construction documents. On the basis of its observations while at the site, Hargreaves Associates will keep Client informed of the progress of construction. Hargreaves Associates may condemn work failing to conform to the contract documents. Hargreaves Associates shall prepare, review and issue change orders only with prior approval of Client. Hargreaves Associates shall endeavor to secure compliance by the contractor to the plans and specifications. Hargreaves Associates shall not be responsible for construction means, methods, techniques, sequences or procedures in connection with the work and Hargreaves Associates shall not be responsible for the contractor's errors of omission or failure to carry out the work in accordance with the contract documents. Trips and meeting schedule to be determined but shall not exceed 12 (4 person) meetings in Miami Beach. Any additional trips beyond 12 will be considered additional services. Additional trips will require prior approval by City. Specific Services: • Consult with and advise the City, and act as City's representative as provided in the general conditions of the construction contract. All of Client's instructions to Contractor should be issued by Hargreaves Associates, who should have authority to act on behalf of Client to the extent provided in the General Conditions of the construction contract except as otherwise _ provided in writing. • Review and approve 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 Construction Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. • Issue necessary interpretations and clarifications of the Construction Contract Documents and prepare bulletins, work directive changes and change orders as required. • Make regularly scheduled visits to the site at intervals appropriate to the various stages of construction in order to observe the progress and quality of the various aspects of the Contractor' work. Based on information obtained during such visits and on such observations, Hargreaves Associates will endeavor to determine, in general, if such work is proceeding in accordance with the contract documents. • For this project, Hargreaves site visits will be limited to no more than 12, 2-day visits. Hargreaves Associates will prepare and distribute a site observation report for each site visit. • On the basis of site observations, Hargreaves Associates will disapprove of or reject Contractor's work while it is in progress if Hargreaves Associates believes that such work will not produce a completed project that conforms generally to the contract documents or that it will prejudice the integrity of the design concept of the project as reflected in the Construction Contract Documents. • As the City's representative, Hargreaves Associates may require special inspection or testing of the work by the City's testing agency, and will receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the contract documents. A copy of the testing agency reports will be distributed to the City, Hargreaves Associates and the Contractor. • Act as initial interpreter of the requirements of the contract documents, judge of the acceptability of the work, and render an opinion on all claims of Client 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 ofthe work. • Based on on-site observations and review of applications for payment, with the accompanying data and schedules, Hargreaves Associates will determine the amounts owing to the Contractor and recommend, in writing, payments to Contractor. Recommendation of payment will constitute a representation to the Client, that the work has progressed to the point indicated, and that the quality of such work is generally in accordance with the contract documents. By recommending any payment, Hargreaves Associates does not represent that exhaustive, continuous or detailed reviews or examinations have been made to check the quality or quantity of the Contractor's work. • 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 Construction Contract Documents. Such review will only be to determine that their content complies with the requirements of, and in the case of certificates of inspection, tests and approvals the results certified indicate compliance with, the Construction Contract Document. Hargreaves Associates will conduct 1 (one) inspection to determine if the work is substantially complete and prepare a punch list of uncompleted or unacceptable work items. Upon notice that all punch list items are complete, 1 (one) final inspection will be held to determine if the completed work is acceptable. Hargreaves Associates will recommend, in writing, final payment to Contractor and/or give written notice to the Client and the Contractor that the work is acceptable. III. EXCLUSIONS TO SCOPE OF SERVICES Client shall provide the following information or services as required for performance of the work. Hargreaves Associates assumes no responsibility for the accuracy of such information or services and shall not be liable for error or omissions therein. Should Hargreaves Associates be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. A. Making planning surveys, feasibility studies, and special analyses of Client's needs to clarify the requirements for the project programming. B. Preparation of additional record drawings or of measured drawings of existing conditions beyond current survey. C. Professional, overhead aerial photographs at controlled scale, if so as required for permitting. D. Preparing additional perspectives, renderings, models prepared upon the Client's request and not otherwise provided herein. E. Engineering other than that provided with the Scope of Services F. Community meetings G. Participation in Art in Public Places process H. Soils testing and/or engineering and/or the preparation of as-built utility base information. I. Aquatic resource surveys, underwater reconnaissance, geotechnical surveys or other additional investigative surveys or reconnaissance beyond what is specified in the scope of services above. J. Assist the Client in obtaining negotiated construction contract proposals. K. Providing services to investigate in the work of independent consultants. L. Revising drawings, specifications or other documents when the revisions are inconsistent with written approvals or instructions previously given; required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; and/or due to other causes not solely within Hargreaves Associates or its sub-consultants control. M. Preparing drawings, specifications, supporting data and providing other services in connection with change orders required due to causes not solely within Hargreaves Associates and sub-consultant control. This includes revisions and changes in approved drawings and the preparation of alternates and change orders requested by the Client. N. Plan preparation and construction observation for portions of a Project let on segregated bid basis orto be phased during construction. O. Providing additional consultation and services during construction due to replacement of any work damaged by vandalism or other cause during construction, default or insolvency of the Contractor, or by major defects or deficiencies in the work of the Contractor. P. Providing services after issuance to the City of the final Certificate of Payment, or in the absence of a final Certificate for Payment, more than sixty days after the date of substantial completion of the work, provided the delay is not caused by Hargreaves Associates. Q. Providing prolonged contract observation should the construction time be extended past twelve months through no fault of Hargreaves Associates. R. Additional trips, site visits and presentations beyond those listed. S. Given the very unique conditions of the pier construction project, such as its physical setting, sensitive environmental conditions and the associated regulatory and landownership legal context, the project team is not responsible for any change in the scope of services that may be incurred due to circumstances that are unknown upon issuance of this scope of services or are beyond our immediate control, including, but not limited to, changes in physical conditions, changes in agency policies or regulations, agency delays, public comments or objections that change or delay the project, and/or legal actions. V. DEVELOPMENT BUDGETS A. Based upon our participation in two City of Miami Beach Finance & Citywide Projects Committee meetings to review schematic design alternatives and costs, we understand that based on the July 10, 2008 F&.CWPC meeting, the construction development budget for all items of work under the Scope of Services (hard costs) is $4 million. B. This construction development budget shall be reviewed and confirmed by the City of Miami Beach at the completion of Construction Documents. C. In the event that the $4million construction budget previously approved by CMB is reduced or increased by more than 10% between the time of approval of the Schematic Design Phase and the time of award of a construction contract, cost of modification of drawings and specifications to meet the reduced project budget shall be considered Additional Services. VI. FEES AND TERMS Services described above in "I I. Scope of Services" shall be provided for the fixed sum of US$416,612, excluding reimbursables expenses. These services shall be provided in accordance with the terms and conditions in Appendix A attached hereto and which is incorporated and made part ofthis Agreement by reference. A breakdown of the fee is provided on the next page. Reimbursable expenses are not included in the fee for professional services and will be invoiced per the terms and conditions in Appendix A and the attached fee breakdown. We would be pleased to answer questions you may have or to clarify various points above. If this proposal meets with your approval, please sign below and return one copy for our files. Sincerely, V ' Gavin McMillan Principal Accepted by, Name: Name Printed: Title: APPENDIX A Appended to and part of Agreement for Professional Services between Hargreaves Associates and the City of Miami Beach dated January 12, 2005. FEE FOR PROFESSIONAL SERVICES Services outlined under the Scope of Services shall be provided for the fixed sum stipulated in the Agreement for Professional Services. Services outlined under Additional Services shall be provided on a time basis computed as follows: Personnel Hargreaves Jones Principal Associate/Sr. Associate Staff Rate $350.00/hour $250.00/hour $160.00-250.00/hou r $75.00-175.00/hour $50.00-95.00/hour Rates are valid for the current calendar year but may be increased subsequently, upon written request and approval. REIMBURSABLE COSTS The following costs shall be reimbursed at cost and are not included in the Fee for Professional Services: A. Cost of copies of drawings, specifications, reports and cost estimates; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this Contract. B. Fees for sub-consultants, in addition to those listed in the scope of services, retained by Hargreaves Associates and approved in advance by Client. ADDITIONAL SERVICES A. See Scope of Work Exclusions. OTHER CONTRACT TERMS AND CONDITIONS PER THE ORGINAL CONTRACT WITH CITY. 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