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2001-24385 RESO RESOLUTION NO. 2001-24385 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND EDA W, INC., PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) 134-99/00, TO PROVIDE PROFESSIONAL SERVICES FOR THE STAR, PALM AND HIBISCUS ISLAND NEIGHBORHOOD STREETSCAPE PROJECT FOR URBAN DESIGN, LANDSCAPEARCIDTECTURE AND ENGINEERING SERVICES FOR THE PLANNING, DESIGN, PREPARATION OF CONSTRUCTION DOCUMENTS, ASSISTANCE WITH BIDDING, CONSTRUCTION ADMINISTRATION AND UTILITY IMPROVEMENTS FOR A FEE NOT TO EXCEED $300,096; AND APPROPRIATING FOR THE STAR, PALM AND HIBISCUS ISLANDS NEIGHBORHOOD STREETSCAPE PROJECT $55,195 FROM SERIES 2000 GENERAL OBLIGATION BOND FUND, $65,980 FROM THE SERIES 2000 WATER AND SEWER REVENUE BOND FUND, $178,921 FROM THE SERIES 2000 STORMWATER REVENUE BOND FUND, FOR SAID PROJECTS. WHEREAS, the City has issued General Obligation (G.O.) Bonds, Stormwater Revenue Bonds and Water and Wastewater Revenue Bonds, to provide funding for a number of needed capital projects to be constructed in various areas of the City to upgrade and improve the infrastructure for the purpose of providing better service to residents and visitors; and WHEREAS, on September 13, 2000, the Mayor and City Commission adopted Resolution No. 2000-24065 approving the issuance of a Request For Qualifications (RFQ) for architectural and engineering firms to provide professional services for the planning, design, permitting, bid/award, and construction administration, for the improvements to the STAR, PALM AND HIBISCUS ISLANDS Neighborhoods; and WHEREAS, 11 firms submitted proposals in response to the STAR, PALM AND HIBISCUS Neighborhoods; and WHEREAS, an Evaluation Committee, appointed by the City Manager to review the proposals, met on December 15, 2000, December 18,2000 and January 4,2001, and reviewed the qualifications of the firms submitting proposals; and WHEREAS, EDA W, Inc., was recommended to the City Manager as the top ranked proposer; and WHEREAS, the Administration received authorization under Resolution No. 2001-24248, adopted on January 31, 2001, to enter into negotiations with EDA W, Inc., to refine the scope of work, and to negotiate the fees to be paid for the work; and WHEREAS, the Administration now requests approval of a Professional Services Agreement between the City and EDA W, Inc., in the amount of $300,096 for professional urban design, landscape architecture and engineering services to perform the planning, design, and construction administration for the streetscape and utility improvements to the STAR, PALM and HIBISCUS ISLANDS NEIGHBORHOODS. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Commission approve and authorize the Mayor and City Clerk to execute an Agreement between the City of Miami Beach and EDA W, Inc., pursuant to Request for Qualifications (RFQ) 134-99/00, to provide professional services for the STAR, PALM and HIBISCUS ISLANDS neighborhood streetscape for urban design, landscape architecture and engineering services for the planning, design, preparation of construction documents, assistance with bidding, construction administration and utility improvements for a fee not to exceed $300,096; and appropriating for the STAR, PALM and HIBISCUS ISLANDS neighborhood streetscape project $55,195 from Series 2000 General Obligation Bond Fund, $65,980 from the Series 2000 Water and Sewer Revenue Bond Fund, $178,921 from the Series 2000 Stormwater Revenue Bond Fund, for said project. PASSED AND ADOPTED this 16th day of May 2001. ~ MAYOR ATTEST: ~r P{U~ CITY CLERK APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION T:\AGENDAI2001\MA Y160tIREGULARIEDA WlSLA.RES If IJ lIhn..lJ~ ~ ~r ~~ AGREEMENT BETWEEN CITY OF MIAMI BEACH AND EDAW, INC. FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING (LA) SERVICES FOR THE RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 13 - STAR, PALM & HIBISCUS ISLANDS MAY 2001 Neighborhood No. 13 Star. Palm and Hibiscus Islands May 16, 2001 TABLE OF CONTENTS DESCRIPTION ARTICLE I DEANITIONS l.l City 1.2 City Commission 1.3 City Manager 1.4 Proposal Documents 1.5 Consultant 1.6 City's Project Coordinator 1.7 Program Manager 1. 8 Basic Services 1.9 The Project 1.9.1 The Project Cost 1.9.2 The Project Scope 1.10 Construction Cost 1.10.1 Construction Cost Budget 1.10.2 Statement of Probable Construction Cost 1.11 Force Majeure 1.12 Contractor 1.13 Contract Documents 1.14 Contract for Construction 1.15 Construction Documents l.l6 Change Order 1.17 Additional Services l.l8 Work 1.19 Services 1.20 Base Bid 1.21 Schedules 1.22 Scope of Services PAGE 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 5 5 5 5 5 6 6 6 6 6 7 ARTICLE 2. 2.5 2.6 2.7 2.8 2.9 2.9 2.11 BASIC SERVICES Planning Services Design Services Bidding and Award Services Construction Phase Services Additional Services Responsibility for Claims and Liabilities Time 7 8 8 8 8 9 9 9 ARTICLE 3. THE CITY'S RESPONSIBILITIES 14 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 17 ARTICLE 5. ADDITIONAL SERVICES 18 ARTICLE 6. REIMBURSABLE EXPENSES 20 ii Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16. 2001 ARTICLE 7. COMPENSATION FOR SERVICES 21 ARTICLE~. CONSULTANT'S ACCOUNTING RECORDS ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 23 23 ARTICLE 10. TERMINATION OF AGREEMENT 10.1 Default and Right to Terminate 10.2 Termination for Cause 10.3 Termination for Convenience lOA Termination by Consultant 10.5 Implementation of Termination 10.6 Non-Solicitation 23 23 24 25 25 25 26 ARTICLE 11. INSURANCE 26 ARTICLE 12. INDEMNIFICATION 27 ARTICLE 13. VENUE 28 ARTICLE 14. LIMITATION OF LIABILITY 28 ARTICLE 15. MISCELLANEOUS PROVISIONS 29 ARTICLE 16. NOTICE 31 SCHEDULES SCHEDULE "A" - SCOPE OF SERVICES SCHEDULE "B" - CONSULTANT COMPENSATION SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE SCHEDULE "D" - PROJECT SCHEDULE 34 iii Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16. 2001 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CONSULT ANT EDAW, INC. FOR PROFESIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING (LNE) SERVICES This Agreement made and entered into this ~ day of MIl-f ,2001, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and EDAW Inc., 3475 Lennox Road, Suite 100, Atlanta, Georgia, 30326 (hereinafter referred to as Consultant). W ITNES SETH: WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more particularly described in Schedule "A", attached hereto (the Project), and wishes to engage the Consultant to provide landscape architectural and/or engineering services for the Project at the agreed fees as set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of landscape architectural, and/or engineering and related professional services relative to the Project, as hereinafter set forth, including: planning, design, bidding and construction administration services, all as hereinafter stipulated. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: 1 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16,2001 ARTICLE 1. DEFINITIONS 1.1 CITY The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION "City Commission" shall mean the governing and legislative body ofthe City. 1.3 CITY MANAGER The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized designees, including 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 City Commission) to the Consultant. 1.4 PROPOSAL DOCUMENTS "Proposal Documents" shall mean the REQUEST FOR QUALIFICATIONS (RFQ 134-99/00) TO PROVIDE PROFESSIONAL SERVICES FOR THE STAR, PALM AND HIBISCUS ISLANDS NEIGHBORHOOD STREETSCAPE AND UTILITY IMPROVEMENT PROJECT issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 1.5 CONSULTANT The "Consultant" is herein defmed as EDA W Inc., a Florida corporation having its principal offices at 3475 Lennox Road, Suite 100, Atlanta, Georgia, 30326. When the term "Consultant" is used in this Agreement it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or 2 Neighborhood No. 13 Star. Paimand Hibiscus Islands May 16. 200l control of Consultant. Any subconsultants retained by Consultant pursuant to this Agreement and the Project shall be subject to prior written approval of the City. The following subconsultants were included in the Consultant's Proposal and are hereby approved for the Project: . Burns and McDonnell 1.6 CITY'S PROJECT COORDINATOR The "City's Project Coordinator" shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project, except as otherwise provided herein. 1.7 PROGRAM MANAGER The City has contracted the services of Hazen and Sawyer P.c. to act as Program Manager for the City's Right of Way Infrastructure Improvements Program (Program), of which this Project is a part of. Hazen and Sawyer will function as a representative of the City in performance of its Pro gram Management role, as detailed in Schedule "A" entitled "Scope of Services", attached hereto. 1.8 BASIC SERVICES "Basic Services" shall include the landscape architectural and/or engineering services, as required, for the planning, design, bidding/award, and construction administration for the Project, as described in Article 2 herein and in Schedule "A" entitled "Scope of Services", attached hereto. 1.9 PROJECT The "Project" shall mean that City Capital Project that has been approved by the City Commission and as described in Schedule "A" attached hereto. 1.9.1 PROJECT COST The "Project Cost", as established by the City, shall mean the total cost of the Project to the City including: Construction Cost, professional compensation, land cost, if any, financing cost, materials testing services, surveys, contingencies and other miscellaneous costs. 3 Neighborhood No. 13 Star..Palmand Hibiscus Islands May 16. 2001 1.9.2 PROJECT SCOPE The "Project Scope" shall mean the description of the Project contained in Schedule A attached hereto. 1.10 CONSTRUCTION COST The "Construction Cost" for the Project shall mean the sum which is the total cost or estimated cost to the City of all elements of the Project designed or specified by the Consultant and approved by the City, including, at current market rates (with a reasonable allowance for overhead and profit), the cost of labor and materials and any equipment which has been designed, specified. selected or specifically provided for by the Consultant and approved by the City, and including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) of construction cost for rehabilitation of historic buildings, and not including the compensation of the Consultant and any subconsultants, the cost of land, rights-of-way, surveys, testing. or other reimbursable expenses. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsible bidder or proposer for any and all of such Work. 1.10.1 CONSTRUCTION COST BUDGET The "Construction Cost Budget" shall mean an amount budgeted by the City for Construction Cost, as specified in the Project Scope in Schedule "P;' attached hereto. 1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST The "Statement of Probable Construction Cost" shall mean a forecast of Construction Cost prepared by the Consultant, as defined in attached Schedule "A" entitled "Scope of Services", for the guidance of the City. For Work which bids or proposals have not been let, the Construction Cost shall be the same as the latest Statement of Probable Construction Cost. The City shall have the right to verify the Statement of Probable Construction Cost or detailed cost estimate by the Consultant. 1.11 FORCE MAJEURE "Force Majeure" shall mean any delay occasioned by 4 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on the Project; other causes beyond the parties' control; or by any other such causes which the Consultant and the City decide in writing justify the delay; provided, however, that market conditions. labor conditions, construction industry price trends and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. 1.12 CONTRACTOR / CONTRACTORS "Contractor" or "Contractors" shall mean those persons or entities responsible for performing the Work or providing the materials, supplies and equipment identified in the bid and C~nstruction Documents for the Project. 1.13 CONTRACT DOCUMENTS "Contract Documents" shall mean this Agreement; the Agreement between City and Contractor; Conditions of the Contract (General Supplementary and other Conditions); Construction Documents; and addenda issued prior to execution of the Contract for Construction. A Modification is one of the following: (1) written amendment to the Contract for Construction signed by both parties; (2) an approved Change Order; (3) a Construction Change Directive; or (4) a written order for a minor change in the Work issued by the Consultant. 1.14 CONTRACT FOR CONSTRUCTION "Contract for Construction" shall mean a legally binding agreement with Contractors. 1.15 CONSTRUCTION DOCUMENTS "Construction Documents" shall mean the final plans, specifications. drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.7 and approved by the City. 1.16 CONTRACT AMENDMENT "Contract Amendment" shall mean the written order to the Contractor approved by the City, as specified in this Agreement, and signed by the City's duly authorized representative, authorizing a change in the Project or the 5 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 method and manner of performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Contract Amendments shall be approved by the City Commission, if they exceed twenty-five thousand dollars ($25,000.00), or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES "Additional Services" shall mean those services described in Article 5 herein, which have been duly authorized in writing by the City Manager prior to commencement of same. 1.18 WORK "Work" shall mean the work to be performed on the Project by the Contractor, pursuant to the applicable Construction Documents, whether completed or partially completed, and includes labor and materials, equipment, and services provided, or to be provided, by the Contractor to fulfill its obligations. 1.19 SERVICES "Services" shall mean the services to be performed on the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, and includes other labor and materials, equipment and services provided, or to be provided, by Consultant to fulfill its obligations herein. 1.20 BASE BID "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant and approved by the City as being within the Construction Cost Budget pursuant to the Statement of Probable Construction Cost provided by Consultant. "Base Bid" shall not include "Additive Alternates" or "Deductive Alternates". 1.21 SCHEDULES "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: 6 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 Schedule A ~ Scope of Services. Schedule B - Consultant Compensation: The schedule of compensation to the Consultant for Basic Services, and for Reimbursable Expenses, as defmed, plus any Additional Services, as submitted by the Consultant and approved by the City. Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates to the Consultant as submitted by the Consultant and approved by the City. Schedule D - Project Schedule. 1.22 SCOPE OF SERVICES "Scope of Services" shall mean the Project Scope as described in Schedule "A", together with the Basic Services and any Additional Services approved by the City, as described in Article 2 and 5, respectively herein. ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services for the Project as set forth hereafter. The Services for this Project will be performed by the Consultant upon receipt of a written Notice to Proceed issued by the City Manager, or his designee Consultant shall countersign the Notice to Proceed. Note that a separate Notice to Proceed is required for commencement of each Phase, as discussed in attached Schedule "A" entitled "Scope of Services" . 2.2 The Consultant's Basic Services shall consist of five Phases (inclusive of planning, design, bidding/award, construction administration and additional services) as described in attached Schedule A "Scope of Services". 2.3 The Consultant shall coordinate with subconsultants and other consultants, and conform to all applicable building codes and regulations. Consultant, as it relates to its 7 Neighborhood No. 13 Star. Palm and Hibiscus Islands May 16, 2001 Services, represents and acknowledges to the City that it is knowledgeable of codes, rules and regulations applicable in the jurisdictions in which the Project is located, including without limitation, local ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Statutes , Administrative rules and regulations (including without limitation grant and regulations of the Florida Department of Transportation ["FDOT"]), and Federal laws, rules and regulations. The Consultant agrees to comply with all such laws, codes, rules, and regulations now in effect, and as may be amended or adopted at any time during the term of this Agreement, and shall further take into account all known pending changes to the foregoing, of which it should reasonably be aware. The Consultant shall insert the provisions of all required codes into the Contract Documents. j 2.4 The Consultant expressly agrees that all of its duties, services and responsibilities under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of projects of this nature in South Florida. In addition. Consultant represents that it is experienced and fully qualified to perform the Services contemplated by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules and regulations to perform such Services. Consultant warrants that it shall be responsible for the technical accuracy of it Contract Documents. 2.5 PLANNING SERVICES: Consultant shall perform Planning Services as noted in attached Schedule "A" entitled "Scope of Services". 2.6 DESIGN SERVICES: Based on the approved Planning documents developed under Article 2.5, Consultant shall prepare Design Documents, as noted in attached Schedule "A" entitled "Scope of Services" . 2.7 BIDDING AND A WARD SERVICES Consultant shall provide bidding and award services as noted in attached Schedule "A" entitled "Scope of Services". 8 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16. 2001 2.8 CONSTRUCTION PHASE SERVICES: Consultant shall furnish construction phase services as noted in attached Schedule "A" entitled "Scope of Services". 2.9 ADDITIONAL SERVICES Consultant shall provide Additional Services as noted in attached Schedule "A" entitled "Scope of Services". 2.10 RESPONSffiILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and services; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, specifications or other documents prepared by the Consultant, its employees, subcontractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City and its employees. 2.11 TIME It is understood that time is of the essence in the completion of this Project, and in this respect the parties agree as follows: 2.12 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement and the orderly progress ofthe Work. 2.13 The parties agree that the Consultant's Services during all phases of this Project will be performed in a manner that shall conform with the approved Project Schedule, which is attached to this Agreement as Schedule "D". The Consultant may submit requests for an adjustment to the Project Schedule, made necessary by undue time taken 9 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 by the City to approve the Consultant's submissions, and/or excessive, time taken by the J City to approve the Services or parts of the Services. The City shall not unreasonably refuse to approve such adjustment(s) to the Project Schedule if the request is made in a timely manner and is fully justified. 2.14 In providing the Services described in this Agreement, the Consultant shall use its best efforts to maintain, on behalf of the City, a constructive, professional, cooperative working relationship with the Program Manager, Contractor(s), and others that have been contracted to perform Services and / or Work pertaining to the Program. While the Services to be provided by Consultant under this Agreement will be provided under the general direction of the City's Program Coordinator and Program Manager, it is the intent v of this Agreement to allow the Consultant to coordinate the performance of all design and construction work to the extent such coordination by the Consultant is permitted by the contracts for the design and construction work 2.15 It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner and that it shall be responsible to the City for any failure in its performance except to the extent that acts or omissions by the City or others make such performance impossible. 2.16 Whenever during the term of this Agreement, others are required to verify, review, or consider any work performed by Consultant, including but not limited to the design professionals, Contractors, and other consultants retained by the City, the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable public projects; or which are inconsistent with applicable laws, codes, ordinances, and regulations; or which are inconsistent with standards or decisions provided in writing by the City's Program Coordinator. Consultant will use reasonable care and skill in accordance with and consistent with customary professional standards in responding to items identified as discrepancies, errors and omissions by others. Consultant shall receive comments from 10 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 reviewers via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be construed to mean as soon as possible under the circumstances, taking into account the requirements of the Project Schedule. 2.17 The City shall have the right at any time, and in its sole and absolute discretion. to submit for review to consulting engineers or consulting architects or other consultants, engaged by the City at its own expense for that purpose, any or all parts of the work performed by the Consultant, and the Consultant shall cooperate fully in such review at the City's request. 2.18 Consultant agrees to certify and warrant all estimates of Construction Cost prepared by Consultant. Said certifications shall be in a form approved by the City. 2.19 Consultant represents to City that all evaluations of the City's Project budget, Consultant generated Statement of Probable Construction Cost, and detailed estimates represent Consultant's best judgement as a design professional familiar with the construction industry. Consultant cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by Consultant. 2.20 Consultant agrees that, when the Services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certification of authorization, or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 2.21 Consultant agrees to employ and designate in writing, within five (5) calendar days after receiving its initial Notice to Proceed, a qualified licensed professional to serve as the Consultant's project manager (herein after referred to as"Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of Services to be 11 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 provided and performed under this Agreement. The person selected by Consultant to serve as Project Manager shall be subject to approval and acceptance by City. Replacement (including reassignment) of said Project Manager shall not be made without the prior written approval of the City. Consultant further agrees to obtain a binding agreement with its Project Manager providing a minimum of six (6) months notice before assuming a different position, said notice waivable by the City at its discretion. 2.22 Consultant agrees, within fourteen (14) calendar days of receipt of written notice to do such from City, to promptly remove and replace Project Manager, or any other personnel employed or retained by Consultant, or any subconsultant or subcontractors engaged by Consultant, which request may be made by City with or without stating its cause. 2.23 Consultant herein represents to City that it has expertise m the type of professional services that will be performed and pursuant to this Agreement. Consultant agrees that all Services to be provided by Consultant pursuant to this Agreement shall be subject to City's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies having jurisdiction over the Project or the Services to be performed by Consultant hereunder. In the event of any conflicts in these requirements, Consultant shall notify City of such conflict and utilize its best professional judgement to advise City regarding resolution of each such conflict. 2.24 Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, with City's prior written consent, or unless incident to the proper performance of Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non- public information concerning Services to be rendered by Consultant hereunder, and Consultant shall require its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 12 Neighborhood No, 13 Star, Palm and Hibiscus Islands May 16, 2001 2.25 The City and Consultant acknowledge that the Scope of Services does not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of the performance of the Services contemplated in this Agreement, Consultant determines that work should be performed to complete the Project which is, in the Consultant's opinion, outside the level of effort originally anticipated, whether or not the Scope of Services identifies the work items. Consultant shall notify the City's Project Coordinator, in writing, in a timely manner, and obtain said Project Coordinator's written consent, before proceeding with the work. The City's Project Coordinator must comply with Contract Amendment processing requirements as outlined in Article 1.16, prior to issuance of any written authorization to proceed with additional Services to Consultant. If Consultant proceeds with additional Services without notifying and obtaining the consent of the City's Project Coordinator, said work shall be deemed to be within the original level of effort, and deemed included as a Basic Service herein, whether or not specifically addressed in the Scope of Services. Notice to the City's Project Coordinator does not constitute authorization or approval by the City to perform the work. Performance of work by Consultant outside the originally anticipated level of effort without the prior written consent of the City shall be at Consultant's sole risk. 2.26 Consultant shall establish and maintain files of documents, letters, reports, plans, etc. pertinent to the Project. Consultant shall provide City with a copy of applicable Project correspondence for City to fIle in its filing system. In addition, Consultant shall provide electronic Project documents files to the City, at the completion of the Project. 2.27 It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner and that it shall be responsible to the City for any failure in its performance except to the extent that acts or omissions by the City or others make such performance impossible. 2.28 In the event Consultant is unable to timely complete the Project because of delaysh 13 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 resulting from untimely review by City or other governmental authorities having jurisdiction over the Project or such delays which are caused by factors outside the control of Consultant, Consultant shall provide City with immediate written notice stating the reason for such delay and a revised anticipated schedule of completion. City, upon review of Consultant's submittal and such other documentation as the City may require, may grant a reasonable extension of time for completion of the Project and may provide reasonable compensation, if appropriate. ARTICLE 3. THE CITY'S RESPONSffiILITlES 3.1 The City shall designate in writing a Project Coordinator to act as the City's representative with respect to services to be rendered under this Agreement (herein after referred to as Project Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define City policies and decisions with respect to Consultant's Services on this Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance with Article 1.16 requirements, including but not limited to the following: a) The Scope of Services to be provided and performed by Consultant hereunder; b) The time the Consultant is obligated to commence and complete all such Services; or c) The amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall assist Consultant by placing at Consultant's disposal all information City has available pertinent to the Project, including previous reports and any other data relative to design or construction of the Project. It shall be fully understood 14 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16,2001 that City, in making such reports, site information, and documents available to the Consultant is in no way certifying representing and/or warranting as to the accuracy or completeness of such data, including any information provided in the City's Request for Qualifications and backup documentation thereto. Any conclusions or assumptions drawn through examination thereof shall be the sole responsibility of the Consultant and subject to whatever measure it deems necessary to fmal verification essential to its performance under this Agreement. Additional work required due to inaccurate, incomplete or incorrect information supplied by the City may be undertaken by the Consultant as an Additional Service to this Agreement. Consultant shall notify the City's Program Coordinator in writing, in a timely manner and obtain said Program Coordinator's written consent, before proceeding with the work. If Consultant proceeds with the additional services without notifying and obtaining the consent of the City's Program Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service herein. 3.3 The City has established a Construction Cost Budget for the Project, as stated in Schedule A. 3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling services as may be required at any time for the Project, including such auditing services as the City may require to verify the Consultant's applications for payment or to ascertain that Consultant has properly remitted payment due to subconsultants or vendors working on this project for which Consultant has received payment from the City. 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, the City shall give prompt written notice thereof to the Consultant. 3.6 The City shall furnish required information and services and render approvals and decisions in writing as expeditiously as necessary for the orderly progress of the 15 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 Consultant's Services and of the Work. No approvals required by the City during the various phases of the Project shall be unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submissions of Consultant for any reasonable basis. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreement. 3.7.1 The City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement, except when noted otherwise (i.e., where delegated to the City Manager or his designee) in this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate Consultant. 3.7.3 All required City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment to this Agreement. 3.7.4 The City Commission shall hear appeals from the administrative decision of the City Manager's appointed designee(s), upon the Consultant's written request, in which case the Commission's decision shall be final. 3.7.5 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, 16 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 as amended). 3.8 The City Manager or his designee(s) shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. These authorizations shall include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans, reports, estimates, contracts and other documents submitted to the City by the Consultant. 3.8,1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's services. 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, 3.8.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided, however, that the Consultant's compensation or other budgets established by this Agreement cannot be increased. 3.8.3 The City Manager, or his designee, shall be the sole representative of the City authorized to issue a Notice to Proceed, as referenced in attached Schedule "A" entitled "Scope of Services". 3.8.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. 17 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 3.8.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. ARTICLE 4. RESPONSffiILITY FOR CONSTRUCTION COST 4.1 The Construction Cost Budget, as established by the City and stated in Schedule "A", shall not be exceeded without fully justifiable, extraordinary and unforeseen circumstances, such as Force Majeure, which is beyond the control of the parties. Any expenditure above this amount shall be subject to prior City approval by passage of an enabling resolution and amendments to the appropriate agreements relative to the Project, prior to any modification of the Construction Cost. Provided further, however, that even in the event of a Force Majeure, as defined in Article 1.10, the City shall have no obligation to exceed the Construction Cost Budget limitations established herein, and, if such budget is exceeded, the City may, at its sole option and discretion, terminate this Agreement without any further liability to the City. 4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more than five percent (5%), the City Commission shall, at its sole discretion, have any of the following options: (1) give written approval of an increase in the Construction Cost Budget; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize a renegotiation of the Project within a reasonable time; (3) abandon the Project and terminate the Consultant's Services for the Project covered by this Agreement. without further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the award within the Construction Cost Budget; or (5) cooperate with the Consultant in reducing the Project scope, construction schedule, and sequence of Work, as may be required to reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the Consultant shall provide such revisions to the Construction Documents, and provide rebidding services, as many times as reasonably requested by the City, as a Basic Service, with no additional cost to the City, in order to 18 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16. 2001 bring the bids within five percent (5%) of the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services for this Project will only be performed by the Consultant following receipt of a written authorization by the City Manager prior to commencement of same. Such authorization shall contain a description of the Services required; an hourly fee, as provided in Schedule "C" with an "Not to Exceed" amount on additional Reimbursable Expenses (if any); the amended Construction Cost Budget (if applicable); and an amended completion date for the Project (if any). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable, which the Consultant shall not exceed without specific written authorization from the City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services requested by the City and all costs applied to such shall be verifiable through time sheet and reimbursable expense reviews. 5.2 The term "Additional Services" includes services involving the Consultant or any subconsultants whether previously retained for the Services or not, or whether participating as members with Consultant or not, subject to the City's right to previously approve any change in the Consultants as set forth in this Agreement. 5.3 Additional Services may consist of the following: 5.3.1 Serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding unless such preparation has arisen from the failure of the Consultant to meet the Standard of Care set forth in Article 2. 5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated at the City's request and outside the scope of the Work specified in the Construction Documents, after commencement of the Construction Phase. 5.3.3 Providing such other professional services to the City relative to the 19 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16. 2001 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 of execution of this Agreement. 5.3.4 Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise expressly provided for herein. ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Consultant and the Consultant's employees and consultants in the interest of the Project. All Reimbursable Expenses pursuant to this Article, in excess of $500, must be authorized in advance by the City's Program Manager. Invoices or vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City, along with supporting receipts, and other back- up material reasonably requested by the City, and Consultant shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement". 6.2 Expenses subject to reimbursement in accordance with the above procedures may include the following: 6.2.1 The cost of testing or investigation of underground utilities, if authorized by the City's Project Coordinator. 6.2.2 Expense of reproduction, postage and handling of drawings, specifications and other documents, excluding reproductions for the office use of the Consultant and sub-consultants. Courier and postage between the Consultant and its sub- consultants are not reimbursable. 20 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16,2001 6.2.3. Expenses for reproduction and the preparation of graphics for community workshops 6.2.4 Fees for all necessary permits shall be paid directly by City. ARTICLE 7. COMPENSATION FOR SERVICES 7.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee listed in Schedule "B" for Basic Services, based on the "Hourly Rate Schedule" presented in Schedule "C". Payments for Basic Services shall be made within thirty (30) calendar days of receipt and approval of an acceptable invoice by the City's Project Coordinator. Note that payments shall be made in proportion to the Services performed in each Phase so that the payments for Basic Services for each Phase shall not exceed the progress percentage noted in the Consultant's Progress Schedule, submitted with each invoice. No markup shall be allowed on subcontracted Basic Services. 7.2 Additional Services authorized in accord with Article 5 will be compensated using the hourly rates forth in Schedule "C". Request for payment of Additional Services shall be included with the monthly Basic Services payment request noted in Article 7.1 above. All Additional Services must be approved by the City's Project Coordinator prior to commencement of same as noted in Article 5. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B" be exceeded without prior written approval from the City's Project Coordinator. No markup shall be allowed on subcontracted Additional Services. 7.3 Reimbursable Expenses, as defined in Article 6, shall be paid up to the "Not to Exceed" amount noted in Schedule "B". Request for payment of Reimbursables shall be included with the monthly Basic Services payment request noted in Article 7. Proper backup must be submitted with all reimbursable requests. No markup or administrative charges shall be allowed on Reimbursable Expenses. 21 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16. 2001 7 A The City and the Consultant agree in accordance with the te,rms and conditions of this Agreement that: 7 A.l If the scope of the Project or the Consultant's Services is changed substantially and materially, the amount of compensation may be equitably adjusted by mutual agreement ofthe parties. 7A.2 Commencing on October 1, 2002, the Hourly Billing Rate Schedule shown in Exhibit "C" may be adjusted annually based upon the Miami - Fort Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying the ratio of the April index divided by the previous year's index by the Hourly Rate Schedule to define the new Hourly Rate Schedule; The maximum increase will be limited to three percent (3%). 7.5 No retainage shall be made from the Consultant's compensation on account of sums withheld from payments to Contractors. 7.6 Method of Billing and Payment With respect to all Services, Consultant shall submit billings on a monthly basis in a timely manner. These billings shall identify the nature of the work performed; the total hours of work performed by employee category and the respective hourly billing rate associated with the employee category from the Hourly Rate Schedule. In the event subconsultant work is accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings shall also itemize and summarize Reimbursables by category. Where written approval of the City is required for Reimbursables, a copy of said approval shall accompany the billing for such Reimbursable. When requested, Consultant shall provide backup for past and current invoices that records hours for air Services by employee category and reimbursable by category. 7.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of 22 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 Consultant's proper statement. 7.8 Final payment of the Consultant upon Project completion must be approved by the Mayor and City Commission. ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 8.1 Consultant shall keep such records and accounts and require any and all Consultant and subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project, and any expenses for which Consultant expects to be reimbursed. All books and records relative to the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes. ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 9.1 Electronic files of aU documents, including, but not limited to, tracings, drawings, estimates, specifications, investigations and studies completed or partiaUy completed, shall become the property of the City upon completion, termination, or abandonment of the Project. Consultant shall deliver the above documents to the City within thiny (30) days of completion of the Project, or termination of this Agreement, or termination or abandonment of the Project. (Reference attached Schedule "A", entitled "Scope of Services" for additional requirements). 9.2 Any re-use of documents by City without written verification or adaptation by Consultant for the specific purpose intended will be without liability to Consultant. 23 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 ARTICLE 10. TERMINATION OF AGREEMENT 10.1 Termination For Lack Of Funds The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding for the Project, the Project may be abandoned or terminated, and the City may cancel this Agreement as provided for herein without further liability to the City. 10.2 Termination For Cause The City may terminate this Agreement for cause in the event that the Consultant (1) violates any provisions of this Agreement or performs same in bad faith or (2) unreasonably delays the performance of the Services, upon notice to the Consultant, in writing, seven (7) days prior to termination. In the case of termination by the City for cause, the Consultant shall be granted a thirty (30) day cure period after receipt of written notice from the City. 10.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant(s) or otherwise. In such event, the Consultant shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion 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. 10.2.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination, shall be made in accordance with Article 7 herein and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 7. 10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall 24 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 promptly assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 10.2.4 In the event of a termination for cause, no payments to the Consultant shall be made (1) for Services not satisfactorily performed and (2) for assembly of submittal of documents, as provided above. 10.3 Termination For Convenience The City, in addition to the rights and options to Terminate for Cause, as set forth herein, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement, at its sole option, at any time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon notice to Consultant in writing fourteen (14) days prior to termination. In the event City terminates Consultant's services for its convenience, as provided herein, Consultant shall be compensated for all Services rendered up to the time of receipt of said written termination notice, and for the assembly and submittal to the City of documents for the Services performed, in accordance with Article 7 herein, and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 7. 10.4 Termination By Consultant The Consultant may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment for the Services, upon written notice to the City, thirty (30) days prior to termination. In that event, payment for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination shall be made in accordance with Article 7 herein. In the case of termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt of written notice from the Consultant. 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 25 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16. 2001 10.5 Implementation Of Termination In the event of termination, either for cause or for convenience, the Consultant, upon receipt of the Notice of Termination, shall (1) stop the performance of Services under this Agreement on the date and to the extent specified in the Notice of Termination; (2) place no further orders or subcontracts except for any that may be authorized, in writing, by the City, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the Services performed, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice Of Termination, And As Specifically Set Forth Therein. 10.6 Non Solicitation The Consultant warrants that it has not employed or retained any company or person, other than an employee working solely for the Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the Consultant for any reason whatsoever. ARTICLE 11. INSURANCE 11.1 The Consultant shall comply throughout the term of this Agreement with the insurance requirements stipulated herein. It is agreed by the parties that the Consultant shall not commence with work on this Project until satisfactory proof of the following insurance coverage has been furnished to the City. The Consultant will maintain in effect the following insurance coverage: (a) Professional Liability Insurance in the amount of One Million ($1,000,000.00) Dollars per occurrence, with a maximum deductible of $150,000 26 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16. 2001 per occurrence, $450,000 aggregate. Consultant shall notify City in writing within thirty (30) days of any claims filed or made against the Professional Liability Insurance Policy. (b) Comprehensive General Liability Insurance m the amount of $1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverage. The City must be named as an additional insured on this policy. (c) Worker's compensation and employer's liability coverage within the statutory limits of the State of Florida. 11.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage, to the City Manager. 11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book and must additionally be furnished by insurance companies duly authorized to do business in the State of Florida and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance policies required above. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that the City shall be given thirty (30) days notice prior to expiration or cancellation of the policy. ARTICLE 12. INDEMNIFICATION 12.1 In consideration of a separate and specific consideration of $10.00 and other good and valuable consideration the receipt of which is hereby acknowledged, the Consultant 27 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16,2001 per occurrence, $450,000 aggregate. Consultant shall nQtify City in writing within thirty (30) days of any claims filed or made against the Professional Liability Insurance Policy. (b) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverage. The City must be named as an additional insured on this policy. (c) Worker's compensation and employer's liability coverage within the statutory limits of the State of Florida. 11.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage, to the City Manager. 11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book and must additionally be furnished by insurance companies duly authorized to do business in the State of Florida and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance policies required above. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that the City shall be given thirty (30) days notice prior to expiration or cancellation of the policy. ARTICLE 12. INDEMNIFICA nON 12.1 In consideration of a separate and specific consideration of $10.00 and other good and valuable consideration the receipt of which is hereby acknowledged, the Consultant 27 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 hereby agrees to indemnify, defend and hold the City and its employees, agents and authorized representatives harmless with respect to any and all costs, claims, damages and liability which may arise out of the performance of this Agreement as a result of the negligence, recklessness, intentionally wrongful conduct and errors or omission of the Consultant, or the Consultant's subconsultants, or any other person or entity under the direction or control of Consultant. The Consultant shall pay all claims and losses arising out of Consultant's negligent acts, recklessness, intentionally wrongful conduct, and errors or omissions and shall defend all suits, in the name of the City, its employees, agents and authorized representatives when applicable, including appellate proceedings, and shall pay all costs, judgments and reasonable attorneys' fees which may issue thereon. ARTICLE 13. VENUE 13.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein. Exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. ARTICLE 14, LIMITATION OF LIABILITY 14.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the amount of the fees for Services agreed upon under the terms of the Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of the fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actually paid by the City to the Consultant 28 . Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16. 2001 Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement in an amount in excess of the amount of fee under any this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. ARTICLE 15. MISCELLANEOUS PROVISIONS 15.1 The laws of the State of Florida shall govern this Agreement. 1/j/~1 ~ ning as those i A Document 1, General Co itions of the Con act for greement. 15.3 Equal Opportunity Employment and SDBE Goals: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, disability or sexual orientation and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to sexual orientation, race, color, religion, sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or compensation; and selection for training, including apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action Policy. 15.4 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant. who has been placed on the convicted vendor list following a conviction for a public entity crime 29 . Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bids or leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this Section by Consultant shall result in cancellation and may result in Consultant's debarment. 15.5 No Contingent Fee: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15.6 The Consultant represents that it has made and will make reasonable investigation of all subconsultants to be utilized in the performance of work under this Agreement to determine that they possess the skill, know ledge and experience necessary to enable them to perform the services required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for the performance of the work under this Agreement. 15.7 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 30 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 promulgated by local, state and national boards, bureaus and agencies as they relate to this Project. _ 15.8 This Agreement, or any interest herein, shall not be assigned. transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of City. 15.9 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE 17. NOTICE 17.1 All written notices given to City by Consultant shall be addressed to: City Manager c/o Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: 31 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 Capital Projects Coordinator Construction Management Division City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 and Office of the City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 All written notices given to the Consultant from the City shall be addressed to: Mr. Leonardo Alvarez, ASLA, AlA Director of Design EDA W, Inc. 3475 Lennox Road, Suite 100 Atlanta, Georgia, 30326 All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. 32 Neighborhood No. 13 Star. Palm and Hibiscus Islands May 16, 2001 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year frrst hereinabove written. Attest ~rf~ CITY CLERK Witness f)r.w.Y} ~tJ( Print Name f< ~L If /v(J;Na:eti Print Name CITY OF MIAMI BEACH 1M MAYOR CONSULTANT Ewbn fj/4. - dN riP 4tt ~ Print Name and Title Signature Hl~ ~-ft... I Vi~ fre5;~-r Print NaIJ.t>~ASTO FORM & LANGUAGE & FOR EXECUTION 33 1.-2-0 I ate Neighborhood No. 13 Star, Palm and Hibiscus Islands ~ay 16, 2001 SCHEDULE A PROFFESIONAL SERVICES AGREEMENT BETWEEN THF CITY OF MIAMI BEACH AND EDA WINe. SCOPE OF SERVICES 34 SCHEDULE A CITY OF MIAMI BEACH, FLORIDA RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM SCOPE OF AlE CONSULTANT SERVICES CONSULTANT: EDAW. Inc BACKGROUND The City of Miami Beach (CITY) has developed various programs to improve the quality of life of its residents. On November 2, 1999, voters approved the issuance of approximately $92 million in General Obligation (GO) Bonds for Neighborhood, Parks, Beach and Fire Safety Improvements, of which $57 million is allocated for capital right-of-way infrastructure projects (Program). In addition to this allocation, CITY Administration proposes that a portion of the recent Water and Wastewater Bond and Stormwater Bond issues also are allocated for capital right-of-way infrastructure projects. These estimated $187 million of public right of way infrastructure improvement projects are to be implemented over the next six (6) years. Program elements include citywide water, wastewater and stormwater improvements; as well a variety of streetscape enhancement projects. The CITY has contracted the services of Hazen and Sawyer, P.C. to function as Program Manager (PROGRAM MANAGER), and act as the CITY's agent with regard to all aspects of this scope of services. Hence, PROGRAM MANAGER shall serve as the focal point of contact with the Architectural/ Engineering firm (CONSULTANT). The CITY will retain contractual agreement responsibilities with the CONSULT ANT firms. Due to the large number of projects that will be ongoing coincidentally during the Program, the PROGRAM MANAGER has developed a Program Work Plan (PWP) detailing procedures and policies for the overall Program. This PWP manual dictates the respective responsibilities and levels of authority for all program team members. Organizational structure flowcharts and team member duties are included to establish a working understanding regarding reporting and communication relationships on the Program. The PWP includes a listing of design and construction phase deliverables from the various AlEs and Contractors, along with proposed Program Manager duties during the planning, design and construction phases of the Program. One copy of the PWP will be given to CONSULTANT, who agrees to comply with procedures set forth therein. The CITY has prepared the City of Miami Beach Water System Master Plan dated November 1994 and the Comprehensive Stormwater Management Program Master Plan dated March 1997 which identifies the preliminary investigations, analysis and recommendations to improve water and stormwater infrastructure throughout the City. Subsequent planning efforts by the CITY identified water infrastructure to be replaced and gathered data within certain neighborhoods for use in preliminary drainage assessments. Preliminary data gathered for the stormwater infrastructure includes the following: . Test Borings . Soil permeability tests (SFWMD Usual Condition Test Method) . Existing stormwater drainage facility assessment Page 1 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No.13 There are a total of thirteen neighborhoods within the Program scope. This scope of services refers to CONSULTANT planning (Task 1), design (Task 2), bidding (Task 3), construction management (Task 4) services and Reimbursables (Task 6) specifically related to the following neighborhood(s): 1. Neighborhood No. 13 - Star, Palm and Hibiscus Islands Star, Palm and Hibiscus Islands consist of a single-family residential area. A priority list submitted area residents may include the following scope of work items: . Conversion of overhead electrical, telephone and cable to underground facilities . Enhanced landscaping / irrigation and street lighting consistent with community preferences . Evaluation of existing water, wastewater and stormwater infrastructure . Repair, extension or widening of sidewalks to comply with ADA - Title III . Replacement of existing water mains throughout community . Street resurfacing / pavement markings . Incorporation of traffic calming features, consistent with community preferences . Improved stormwater drainage collection and disposal infrastructure including swale restoration, curb and gutter and other facilities . Residents are considering a special assessment district for underground electric, cable and telephone service to convert the existing overhead services to underground facilities. Should the special assessment be approved by the residents, the CONSULT ANT shall include in its contract documents the necessary electrical duct bank details, plan view routing of same, and the transformer locations as provided by the CITY / FPL. Total construction costs budgeted for this neighborhood approximate $3,396,164. The total construction costs associated with the neighborhood are funded from the General Obligation, Water and Wastewater and Stormwater Revenue Bond Series. A general map is attached as Exhibit A (Neighborhood 13). Please note that the Exhibit identifies the neighborhood limits as well as the location of water main Note that a separate Notice to Proceed is required from the CITY prior to the commencement of work on any Task. Page 2 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No.13 TASK 1 - PLANNING SERVICES The purpose of this Task is to establish a consensus design concept for the referenced neighborhood that meets the needs of the community and stays within established schedule and cost parameters. Note that Tasks 1.1 through 1.5 are intended to develop a database for the performance of Community Design Workshops. The total number of Community Design Workshops to be conducted per neighborhood as discussed in Task 1.6. Based on the results of the Community Design Workshops, a draft Basis of Design Report shall be developed as noted in Task 1.7. Subsequent design review committee presentations and approvals shall be as noted in Task 1.8. A final Basis of Design Report shall then be prepared summarizing the accepted design concept, budget levei cost estimate and implementation schedule as noted in Task 1.10. To facilitate the implementation of a Public Information program, CONSULTANT shall provide electronic files of all project documents, as requested by CITY and/or PROGRAM MANAGER. Task 1.1 - proiect Kick-Off Meetina: CONSULTANT shall meet with CITY and PROGRAM MANAGER to review existing planning documents and results of previous scoping sessions held with affected neighborhood(s) and receive copies of available reference documents. CITY and PROGRAM MANAGER shall present general discussions as to Program procedures and direction. Based on this meeting CONSULT ANT will schedule a reconnaissance visit of the Project site(s). CONSULT ANT's level of effort is based upon the attendance at one (1) meeting. PROGRAM MANAGER shall prepare and distribute meeting minutes, accordingly. Deliverables: - Attend Project kick off meeting. Schedule: - Within 5 working days of Task 1 - Planning Phase Notice-to-proceed. Task 1.2 - Infrastructure Plannina: The CITY has performed certain planning efforts that identified the location of water and sanitary sewer infrastructure replacement. The approximate location of these improvements has been identified in Exhibit A It is the CITY's intent to have all galvanized water mains / service connections and tuberculated cast iron mains replaced under this Program. CONSULTANT shall propose and identify the necessary field investigations to identify the mains to be replaced. Under this task, CONSULTANT shall also meet with the Miami-Dade Department of Environmental Resource Management (DERM) and CITY to define the level of service required for stormwater infrastructure improvements. Task 1.3 _ Pro'ect Site Reconnaissance Visit and Develo ment of Alternative Streetsca e Treatments: CONSULTANT shall attend a reconnaissance site visit for each Island. CITY staff and representatives will attend the site visit(s) from the project area. This will facilitate CONSULTANT's understanding of the project area needs. Based on the results of the site visit(s), CONSULTANT shall assemble a minimum of three reference images identifying alternative streetscape treatments that the project may follow. One EDAW - No. 13 Page 3 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) of the reference images shall present proposed improvements possible under current budget limitations. The oth.er images shall reflect additional levels of potential improvements that may be possible based on future phases of the Program that are to date unfunded. In addition, CONSULTANT shall prepare preliminary "budget" level cost estimates (+30%, -15% as defined by the American Association of Cost Engineers) for each altemative treatment indicating opinions of probable cost. Estimates shall present costs by category types (I.e. paving, lighting, landscaping, etc.) and shall be prepared in a Microsoft Excel Spreadsheet format. PROGRAM MANAGER shall provide a template for the requisite cost estimate format to CONSULTANT. CONSULT ANT shall prepare and distribute meeting minutes of each project site reconnaissance visit, accordingly. Deliverables: - Attend reconnaissance project site visit(s) - Develop three altemative streetscape images for each neighborhood - Develop "budget" level cost estimates for each altemative streetscape image Schedule: - Within 40 working days of completion of Task 1.1 services. Task 1.4 - Attend "Visionina" Session: After conducting the project site visit(s) and developing altemative streetscape treatments and cost estimates, CONSULTANT shall attend a half-day "Visioning" session to be scheduled with representatives of CITY, CONSULTANT and PROGRAM MANAGER for each neighborhood. The purpose of the "Visioning" session(s) shall be to clarify project goals to prepare for the Community Design Workshops. Issues to be discussed shall include the proposed altemative streetscape treatments, budget and schedule. CONSULT ANT shall prepare and distribute meeting minutes, accordingly. Deliverables: - Attend "Visioning" session(s) with representatives from CITY and PROGRAM MANAGER. Schedule - Within 5 working days of Task 1.3 completion. Task 1.5 - Review Meetina Prior to Community Desian WorkshoDs: CONSULTANT shall meet with applicable CITY and PROGRAM MANAGER staff to ensure that any and all concems regarding project scope, schedule and cost parameters are addressed prior to scheduling the initial Community Design Workshops for each neighborhood. PROGRAM MANAGER shall prepare and distribute meeting minutes, accordingly. Deliverables: - Meet with representatives of CITY and PROGRAM MANAGER during Task 1.1 through 1.4 work. Schedule - Through completion of Task 1.1 through 1.4 work. Task 1.6 - Community Desian WorkshoDs: Design workshops provide an opportunity for residents of affected communities to participate in the planning process for right of way improvements in their respective neighborhoods. To this Page 4 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW-No.13 end, a series of community workshops shall be conducted. CITY will schedule, find locations for, and notify residents of all such meetings. CONSULT ANT shall prepare all materials for presentation at each workshop. At a minimum these shall include "full size" graphics I renderings, a summary of cost estimates, wOrkshop agendas and requisite handouts of each. The CITY shall provide CONSULTANT with a base handout for CONSULTANT to update, modify and revise in Pagemaker format. CONSULT ANT shall prepare draft meeting minutes and forward them to PROGRAM MANAGER, who shall review, provide comments, and distribute, accordingly. Each workshop is intended to address specific design issues as discussed in the following: Task 1.6.1 Community Design Workshop No.1 - The first workshop is intended to provide community residents with a review of the proposed project scope, budget and schedule and create a consensus plan with community concurrence. CONSULTANT shall prepare full size presentation graphics illustrating the Site Analysis Maps and Alternative Streetscape Treatments developed under Tasks 1.3 and 1.4. As previously noted, the alternatives shall present proposed improvements possible under current budget limitations and additional levels of potential improvements that may be possible based on future phases of the Program that are to date unfunded. In addition, graphics shall be prepared presenting a summary of probable costs for the various improvements and the workshop agenda. "Budget" level cost estimates shall be +30%, -15% as defined by the American Association of Cost Engineers. Based on this data, CONSULTANT shall present the preliminary planning information to attendees. CITY and PROGRAM MANAGER staff will also attend these meetings, and assist CONSULTANT with responses to resident questions, as applicable. CONSULTANT shall note reasonable design revision requests from residents for review and incorporation into the proposed plan with CITY approval. All revisions are subject to the review and acceptance of the CITY. Due to the fixed nature of funding on the various projects within the Program, budget limits must be adhered to. CONSULTANT shall be prepared to discuss budgets and the various impacts of resident requested revisions on such, accordingly. Deliverables: - Prepare materials, attend and conduct Community Design Workshop No.1 Schedule: - Within 10 working days after completion of Task 1.5 Task 1.6.2 Community Design Workshop No.2 - The second workshop is intended to present community residents with the selected streets cape treatment concept, budget and schedule based on the input received during Workshop No. 1. CONSULTANT shall prepare full size presentation graphics illustrating the selected streetscape treatment, along with a summary of probable costs for the improvements and the workshop agenda. The selected streetscape treatment shall be presented in two phases. The first phase shall illustrate proposed improvements possible under current budget limitations. The second phase shall illustrate additional levels of potential improvements that may be possible based on future phases of the Program that are to date unfunded. "Budget" level cost estimates shall be +30%, -15% as defined by the American Association of Cost Engineers. Based on this data, CONSULT ANT shall present the information to attendees. CITY and PROGRAM MANAGER staff will also attend these meetings, and assist CONSULTANT with responses to resident questions, as applicable. CONSULT ANT shall note that the design concepts presented during this meeting are considered "near final" and CITY will consider only minor design revision requests from Page 5 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No. 13 residents for review and incorporation into the proposed plan. Any comments accepted by the CITY resulting from this workshop shall be incorporated during the Task 2 Design Phase. No additional workshops will be scheduled. Deliverables: - Prepare materials, attend and conduct Community Design Workshop NO.2 Schedule - Within 15 working days of Community Design Workshop NO.1 Task 1.7 - Basis of Desian ReDort (DRAFT): CONSULTANT shall prepare a draft Basis of Design Report (BODR) presenting the results of the Community Design Workshops and final design plan. The BODR will include a summary of findings and a map illustrating all proposed improvements under the current phase of the project, inclusive of water, wastewater, stormwater, urban design, streetscape and landscape. Where required, CONSULT ANT shall perform a corridor study to determine the most desirable routing for proposed underground improvements. A separate map shall be prepared by CONSULTANT to illustrate proposed future improvements, as agreed with residents during the Community Design Workshops, that are yet unfunded. The BODR shall include sufficient detail in plans, sections, notes and key descriptions to facilitate review by the various CITY permitting and planning divisions discussed in Task 1.8 The draft BODR shall also include discussions and graphics illustrating: . A project implementation plan, inclusive of utility and streetscape construction phasing and traffic control details with a discussion of expected impacts to the affected neighborhood. . Conversion of overhead electrical, telephone and cable to underground facilities . Proposed water, wastewater and stormwater improvements. A corridor study may be required if routing is not clearly indicated on existing planning documents, or if proposed routing is determined to be congested with existing improvements. . A discussion of existing right-aI-way encroachments, including the extent and locations of such. . A "budget" level cost estimate prepared in conformance with format provided by PROGRAM MANAGER. Estimates shall be provided for both current phase and future (unfunded) improvements. Based upon CONSULTANT's cost estimate, CITY shall advise CONSULTANT if portions of the project need to be deleted, phased and/or bid as altemate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise BODR to reflect such issues accordingly. . A schedule for implementing the Project itemized phase by phase (design, bid, award, construction) including critical issues and the time period allowed for resolving each issue. The schedule shall be prepared in "Primavera Project Planner, Version 3.0" format or SureTrak and provided to the CITY and PROGRAM MANAGER. Page 6 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW-No.13 . Discussion regarding permitting authorities having jurisdiction over Projects and provide a list of permits typically retained by the Owner and/or Contractor. Unique and/or special permitting requirements shall be identified as well as permitting fees. Oeliverables: - Prepare 25 copies of the draft BODR. Schedule: - Within 15 working days from completion of the final Community Design Workshop. Task 1.8 - Review of BOOR with CITY Divisions: CONSULTANT shall meet to present and review the draft BODR with the following review agencies: . City of Miami Beach Public Works Department . City of Miami Beach General Obligation (G.O.) Bond Oversight Committee . City of Miami Beach Planning Board . City of Miami Beach Finance Committee . City of Miami Beach Neighborhood Committee . City of Miami Beach Transportation and Parking Committee . . City of Miami Beach City Commission CITY shall attend up to three (3) review meetings with CONSULTANT and assist CONSULTANT, as practicable, in obtaining approvals from noted review agencies by participating in negotiations with such authorities. CONSULTANT retains final responsibility for procuring all necessary approvals, and for implementing required revisions and resubmissions as necessary. It is recognized by CITY and PROGRAM MANAGER that the time period for obtaining approvals from the various review agencies is beyond the control of CONSULTANT, except for issues concerning the acceptability of the proposed design concepts and CONSULTANT's ability to respond to review agency comments. CONSULTANT shall address and respond to comments received from the various reviews in writing, and implement requested revisions into the draft BODR, as agreed with CITY and PROGRAM MANAGER, within fourteen (14) calendar days of receipt of comments, unless agreed to otherwise with PROGRAM MANAGER. CONSULTANT shall draft meeting minutes and forward them to PROGRAM MANAGER, who shall review and distribute accordingly. Oeliverables: - Attend BODR review meetings with noted committees. - Prepare meeting notes. - Address comments and revise BODR accordingly. Schedule: - Within 17 working days of draft BODR completion. Page 7 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No. 13 Task 1.9 - Additional Review Meetinas CONSULTANT shall attend and participate in up to two (2) review meeiings wiih those agencies/committees requesting revisions. Task 1.10 - Final Basis of Desian Reoort: CONSULTANT shall prepare a final BODR based on comments and revisions implemented during the reviews with the various CITY Divisions. The final BODR will serve as the basis for development of detailed design documents as discussed in Task 2. Oeliverables: - Prepare 25 copies of a final BODR. Schedule: - Within 5 working days after completion of reviews noted in Task 1.8. TASK 2 -DESIGN SERVICES The purpose of this Task is to establish requirements for the preparation of contract documents for the Project. Note that Task 2.1 requires that CONSULTANT perform a variety of forensic tasks to verify, to the extent practicable, existing conditions and the accuracy of base maps to be used for development of the contract drawings. Task 2.2 discusses requirements for the preparation of contract documents, inclusive of drawings, specifications and front-end documents. Task 2.3 establishes requirements with regard to constructability and value engineering reviews to be performed by others. Task 2.4 establishes requirements for the preparation of opinions of total probable cost by the CONSULTANT. Task 2.5 specifies requirements for review of contract documents with jurisdictional permitting agencies prior to finalization. Task 2.6 establishes requirements for developing final (100%) contract documents. To facilitate the implementation of a Public Information Program, CONSULTANT shall provide electronic files of all project documents, as requested by CITY and/or PROGRAM MANAGER. It is the PROGRAM MANAGER's intent to post the 100% contract document submittals on its Program Web Page. Hence, CONSULTANT shall provide the electronic files for the front end documents, technical specifications, and construction drawings, as required. Task 2.1 - Field Verification of Existina Conditions: CITY shall provide CONSULTANT with a survey completed by others in 1999. CONSULTANT shall update the existing survey to include the detail herein described.. CITY shall provide CONSULTANT with a topographical survey of East Star Island Drive on Star Island. The survey shall be performed by a Professional Land Surveyor in the State of Florida and shall meet the minimum technical standards identified in Chapter 61 G17- 6, FAC. All survey files shall be prepared in AutoCAD Version 14 format with a layering system as directed by PROGRAM MANAGER. As a minimum, the survey shall address the following: . Topographic survey shall consist of establishing a baseline with 100-foot stations, and identify right-of-way monuments and sectionalized land corners. Baseline of survey shall be tied into the right-of-way and sectionalized land monuments. CONSULTANT shall obtain right-of-way information from available records. . CONSULTANT shall set benchmarks at convenient locations along the corridor to be used during both the design and construction phases of the project. As a Page 8 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No. 13 minimum, permanent benchmarks shall be set at 1000-foot intervals along the alignment. CONSULTANT shall tie-in at least two existing State monuments to vertical circuit and shall take cross sections at 100-foot intervals along project corridor. Vertical circuit shall be based upon NGVD. The benchmarks shall be derived from existing government benchmarks and be carried into the proposed system using Second Order, Class II procedures. A full listing of benchmark locations shall accompany the survey data. . Cross section elevations shall define all grade breaks such as intersections, swale, edge of pavement, pavement centerline, curb and gutter, edges of sidewalk, driveway connections, right-of-way line, edge of a 25 foot right-of-way offset, encroachments (both natural and built-in), etc. . CONSULTANT shall locate and identify all the existing surface improvements / topographic features that are visible along the corridor, such as the following: Existing valve boxes, water / electrical meter boxes, electrical pull boxes, telephone / cable risers, fences, hydrants, etc. Aboveground and underground utilities, invert elevations of accessible underground utilities, wood / concrete utility poles, culverts, guardrails, pavement limits, headwalls, endwalls, manholes, vaults, mailboxes, driveways, side streets, trees, landscaping, traffic signage and any other noted improvements. Survey shall identify fence material/height, landscaping plant material limits and driveway construction materials; as well as private property encroachments (I.e. landscaping, overhangs, improvements, etc.) Survey limits shall include the entire right-of-way and an additional overlap of 25 feet on either side of the right-of-way. . Topographic survey / base map shall be prepared in AutoCAD version 14.0 and submitted on a 3.5-inch diskette with one copy on 22-inch by 34-inch bond paper to the CITY. CAD mapping shall be performed to a scale of 1:1 in the World Coordinate System. Text size shall be 100 leroy for a final product at 1 =20 units. . Indicate geometry of perimeter private property plats (inclusive of fences, landscaping and driveways). Upon completion of the survey (whether or not survey is provided by CITY), CONSULTANT shall forward the same to all the private utility owners / agencies with a request to mark /Identify their respective utilities on the survey base map. CONSULT ANT shall coordinate this effort with each agency in an effort to identify the location of all underground utilities. CONSULT ANT shall incorporate utility owner markups / edits into its survey base map file. CONSULTANT shall contact the following entities and request that they each verify locations of their existing improvements in the affected areas: . Florida Power and Light . Miami-Dade Water and Sewer Authority Page 9 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No.1S . Miami-Dade Public Works Department . State of Florida Department of Transportation . Charter Communications . Teco Peoples Gas . Others as deemed necessary by CONSULT ANT Based on the collected data, CONSULT ANT shall develop detailed design base maps for the project. The maps shall include an overall key map and partial plans scaled at 1-inch equals 20 feet. CONSULTANT shall illustrate proposed water, wastewater and stormwater improvements on the base maps based on available planning documents provided by CITY. A subsequent review shall be scheduled with CITY and PROGRAM MANAGER staff to determine locations where additional field verifications, via vacuum extraction underground identification services, shall be implemented. CONSULT ANT shall prepare final base maps based on the information gathered herein. Copies of base maps shall be distributed to CITY and PROGRAM MANAGER. Deliverables: - Perform forensic work as noted to develop final base maps. Deliver five (5) sets of base maps to PROGRAM MANAGER. Schedule: - Within 60 working days after Task 2 - Design Phase Notice to Proceed. Task 2.2 - Detailed Desian: CONSULTANT shall prepare detailed design documents consisting of general, civil, mechanical, urban design, landscape archnectural, electrical, landscaping, irrigation and structural drawings, as applicable. CONSULTANT shall utilize CITY standard details as provided by PROGRAM MANAGER, and as deemed appropriate by CONSULTANT. CONSULTANT shall supplement design documents its own additional details, as it deems necessary, to provide CITY with a complete work product. All drawings shall be prepared using AutoCAD Version 14 software with a layering system as provided by PROGRAM MANAGER. Technical specifications shall be prepared in conformance with Construction Specifications Institute (CSI) format. PROGRAM MANAGER shall fumish CONSULTANT with standard CITY specification outlines for Divisions 1, 2, 3 and 15. By incorporating the CITY's standard specification outlines into its contract documents, CONSULT ANTacknowledges that it has reviewed and accepted these specification outlines as its own for the purposes of this project. CITY assumes no responsibility for the contents of the master specification outlines. Hence, CONSULT ANT shall review such documents and make know to CITY any requests for revisions, for review and acceptance,prior to modification of the documents. CONSULTANT shall refrain from amending FDOT standard specifications and including same in the detail design documents. CONSULT ANT may provide technical specification sections that CONSULT ANT may require, not already provided through CITY standard outlines, subject to review and comment by CITY and/or PROGRAM MANAGER. Any Supplier listings required by specifications shall include a minimum of two named Supplier's and shall meet all applicable CITY and State of Florida procurement codes. CITY standard specification outlines shall be Page 10 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No. 13 provided to CONSULTANT in "Microsoft MS-Word" format. CONSULTANT shall use the same software in all project related work. CONSULTANT shall utilize base front-end documents provided by CITY. CONSULTANT shall edit accordingly to result in a project specific document. Any changes / modifications to the Supplementary General Conditions shall be subject to review and acceptance by CITY. CONSULTANT shall attend monthly progress meetings with CITY and PROGRAM MANAGER staff. CONSULTANT shall prepare and maintain a design progress schedule in Primavera Project Planner, version 3.0 format or SureTrak. CONSULTANT shall update the sChedule and review project status at each monthly progress meeting. Should PROGRAM MANAGER determine that a CONSULTANT has fallen behind schedule, CONSULTANT shall provide a recovery schedule that will accelerate work to get back on schedule. In addition during the design phase, CONSULT ANT shall attend two meetings with applicable representatives to review the status of the design. The CITY shall schedule these meetings. For purposes of this Scope of Services, the following will be considered the minimum effort to be provided by CONSULT ANT for establishing the detail design milestones: . 30% design completion shall consist of the completed survey / base map work as identified in Task 2.1 with the proposed improvements identified in plan view at a scale of 1-inch equals 20 feet. A key map shall also be provided which illustrates the relationship between the drawings and its respective location within the neighborhood. An outline identifying the anticipated technical specifications to be incorporated into the work shall also be submitted. . 60% design completion shall consist of the plan and profile view of all improvements, applicable sections and construction details. Prior to the preparation of the 60% design drawings the CONSULTANT shall incorporate changes to its design based upon its underground utility verification efforts. Plan and profile sheets shall be provided for water and sewer improvements. CONSULTANT shall include the technical specifications and a draft schedule of prices bid (bid form) identifying the items to be bid by the prospective contractors with the submittal. CONSULT ANT shall provide its "Budget" level opinion of probable cost as defined by the American Association of Cost Engineers with the submittal. . 90% design completion shall consist of the entire construction document set including the front end documents (general and supplemental conditions), technical specifications and construction drawings for all the work proposed to be completed. CONSULTANT shall provide the detailed construction sequencing restrictions for the PROGRAM MANAGER's review. CONSULTANT shall provide its "Definitive" level opinion of probable cost as defined by the American Association of Cost Engineers with the submittal. Deliverables: - Furnish six (6) sets of 30, 60, 90 and 100 percent completion stage documents to PROGRAM MANAGER. - Prepare and update project schedule, on a monthly basis. Page 11 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No. 13 - Attend monthly progress meetings with CITY and PROGRAM MANAGER staff. - Complete 30 percent documents within 80 working days after the Task 2 - Design Phase Notice to Proceed . Complete 60 percent documents within 171 working days after Task 2 - Design Phase Notice to Proceed. Schedule: . Complete 90 percent documents within 231 working days after Task 2 - Design Phase Notice to Proceed. . Complete 100 percent documents within 261 working days after Task 2 - Design Phase Notice to Proceed. In addition, CONSULTANT shall conduct a preliminary field exploration program to identify typical geotechnical conditions along the proposed pipeline corridor(s) and/or to ascertain the sub surface conditions with respect to its drainage design as noted under Task 5.4. Task 2.3 - Desian / Constructabilitv Review: To verify that all design review meeting comments have been incorporated and design standards have been followed, PROGRAM MANAGER shall perform reviews of all design project documents at the preliminary (30 percent completion), intermediate (60 percent completion) and near final (90 percent completion) design stages. The purpose of these reviews shall be to verify that the documents are consistent with the design intent. The PROGRAM MANAGER shall also review CONSULTANT's prepared cost estimates for the project at both the 60 and 90 percent submittal stages. These documents will be furnished as bound 8-1/2-inch by 1 Hnch specifications and full-size (22-inch by 34-inch) blueline drawings. PROGRAM MANAGER and applicable CITY departments shall perform reviews on these documents and provide written comments (in the form of markups of submitted documents) back to CONSULTANT. Following receipt of comments, a meeting shall be scheduled between CITY, CONSULTANT and PROGRAM MANAGER, to discuss the requirements, intent and review of comments. CONSULTANT shall prepare a written memorandum to address how each comment was resolved. Such written response shall be prepared and submitted to PROGRAM MANAGER, for acceptance, within 14 calendar days after the review session. CONSULTANT shall revise documents to include review comments accordingly. In addition, PROGRAM MANAGER shall perform constructability reviews of the design documents relative to value, construction sequencing and bid format. These reviews shall be based upon the 60 and 90 percent design submittals received from the AlE consultant(s) and shall be conducted concurrently with the 60 and 90 percent design reviews. Meetings shall be held with CONSULTANT and CITY representatives to discuss review comments, as required. A detailed review of CONSULTANT's proposed construction sequencing restrictions will be performed by PROGRAM MANAGER at the 90-percent completion stage. The intent of this scope item is to advise the CONSULT ANT of the PROGRAM MANAGER's role during the detail design phase. The CONSULTANT shall note that the PROGRAM MANAGER's review of the contract documents does not relieve CONSULTANT from its responsibility to the CITY with regard to the quality of its contract documents. Deliverables: - Attend meetings with CITY and PROGRAM MANAGER staff to review Pags 12 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No. 13 and discuss design, constructability and value comments. - Prepare written responses to comments made during review sessions. Schedule: - Complete concurrently with Design Phase schedule. Task 2.4 - Cost Qoinions: CONSULTANT shall prepare opinions of probable construction costs for each design submittal (60 and 90 percent) as well as the final (100 percent) completion stage. The accuracy of the cost estimate associated with the 60 percent completion stage shall be +30% to -15% "Budget" Level as defined by the American Association of Cost Engineers. The accuracy of the cost estimate associated with the 90 and 100 percent completion stage shall be a +15% to -5% "Definitive" Level Estimate as defined by the American Association of Cost Engineers. All estimates shall be submitted in Microsoft "Excel" format in accordance with the template supplied by PROGRAM MANAGER. All estimates shall be furnished bound in S-1/2-inch by 11- inch size. Based upon CONSULTANT's cost estimate, CITY shall advise CONSULTANT if portions of the project need to be deleted, phased and/or bid as altemate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise documents to reflect such issues accordingly. Deliverables: - Prepare opinions of probable costs at the 60, 90- and 100 percent completion stages. Schedule: - Complete concurrently with Design Phase schedule. Task 2.5 - Communitv Desian Review Meetinas CONSULTANT shall attend and participate in community design review meetings to review the design progress and concept at different progress levels during the design. CITY will schedule, find locations for, and notify residents of all such meetings. CONSULT ANT shall prepare draft meeting minutes and forward them to PROGRAM MANAGER, who shall review, provide comments and distribute accordingly. The number of meetings per neighborhood are as follows: . Neighborhood 13 - Palm, Hibiscus and Star Islands CONSULTANT shall participate and attend up to two (2) meetings. Task 2.6 - Document Revisions Based upon the input provided by the residents, CONSULT ANT shall incorporate the necessary contract document revisions, as approved 'by the CITY. Task 2.7 - Permittina Reviews: CONSULTANT shall prepare applications and such documents and design data as may be required to procure approvals from all such governmental authorities that have jurisdiction over Page 13 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No. 13 Project. CITY shall pay all permit fees. CONSULTANT shall consider the impact of permit fees in its construction opinions of probable cost. CONSULTANT shall participate in meetings, submissions, resubmissions and negotiations with such authorities. CITY will attend meetings with govemmental authorities as deemed necessary by CITY. CONSULTANT shall respond to comments by such authorities through PROGRAM MANAGER within ten working days of receipt of comments unless a different time is agreed to by PROGRAM MANAGER. It is the intent of this scope of services that PROGRAM MANAGER shall be the responsible party for formally transmitting permit documents to and from the respective authorities and CONSULTANT. Hence, PROGRAM MANAGER shall track and monitor progress on the preparation and review of permits and subsequent requests for information. It is recognized by PROGRAM MANAGER that the time period for obtaining permits is beyond the control of CONSULTANT except for issues concerning the permitability of the design and CONSULTANT's ability to respond to permitting agency requests for information. At the time of the scope preparation, the following govemmental authorities that have or may have jurisdiction over Project have been identified: . City of Miami Beach Building Department . City of Miami Beach Planning Department . City of Miami Beach Historic Preservation BoardMiami-Dade Department of Environmental Resource Management . Miami-Dade Water and Sewer Authority . Miami-Dade Department of Public Works . Miami.Dade Department of Health and Rehabilitative Services . South Florida Water Management District . Florida Department of Transportation . Florida Department of Environmental Protection . U.S. Army Corps of Engineers . U.S. Environmental Protection Agency Failure to identify governmental authorities that have jurisdiction over Project at the time of permitting scope preparation does not relieve CONSULTANT from responsibility to pursue the permit as described above. However, an equitable adjustment to the CONSULTANT's compensation may be negotiated if deemed appropriate by CITY. Deliverables: - Correspond with noted jurisdictional authorities to establish permitting requirements. - Revise documents and respond to permitting inquiries as required. - Attend meetings with CITY and PROGRAM MANAGER staff to review and discuss permitting status. Page 14 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW-No.13 Schedule: Complete within 43 working days after the completion of the 100 percent detail design milestone. Task 2.8 - Consultant OAtOC of Desicm Documents: CONSULTANT shall establish and maintain an in house Quality Assurance / Quality Control (QAlQC) program designed to verify and ensure the quality, clarity, completeness, constructability and biddability of its contract documents. CONSULT ANT shall provide CITY and PROGRAM MANAGER with a written narrative detailing the QAlQC program tasks and how it is to be implemented over the course of this project. The CITY and/or PROGRAM MANAGER, at its discretion may require that CONSULTANT attend meetings to review the status and present results of its QAlQC efforts. Items to be addressed may include, but shall not be limited to, review of specifications by respective technical experts and a "Red i-check" type review of the documents to identify conflicts and inconsistencies between the various disciplines. TASK 3 -BIDDING AND AWARD SERVICES Task 3.1 - Construction Contract Document Review CONSULTANT shall assist CITY in bidding and award of the contract. PROGRAM MANAGER shall transmit contract documents prepared by the CONSULTANT to the CITY's Risk Management and Procurement Departments for verification of appropriate insurance and bonding capacity requirements for each Project prior to bid. Various departments within CITY (Risk Management, Procurement and the City Attorney's Office) have nontechnical review responSibility for the Construction Contract Documents. CONSULTANT shall assist PROGRAM MANAGER in this process by providing three copies of Construction Contract Documents, participating in meetings, submissions, resubmissions and discussions with these departments. CONSULT ANT shall respond to CITY comments within ten calendar days of receipt of comments unless a different time schedule is agreed to by PROGRAM MANAGER. CONSULTANT's compensation has been based upon one meeting with these departments. Task 3.2 - Bid Document Deliverv CONSULTANT shall provide PROGRAM MANAGER with reproducible, camera ready, sets of contract documents. The CITY Procurement Department will reproduce documents and handle the advertising, distribution, sale, maintenance of plan holder lists and other aspects of bid document distribution. Task 3.3 - Pre-Bid Conference PROGRAM MANAGER shall conduct one prebid conference. CONSULT ANT shall attend the pre-bid conference and bid opening for each project. Task 3.4 - Addenda Issuance CONSULTANT shall provide, through PROGRAM MANAGER, timely responses to the inquiries of prospective bidders by preparing written addenda. Format for addenda shall be as provided to CONSULTANT by PROGRAM MANAGER. These queries and responses shall be documented and a record of each shall be transmitted to PROGRAM MANAGER on a same Page 15 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW -No.13 day basis. CONSULTANT shall prepare and distribute necessary addenda as approved by PROGRAM MANAGER. Task 3.5 - Bid Evaluation Within five calendar days of receipt of bids, CONSULTANT shall evaluate the bids for completeness, full responsiveness and price, including altemative prices and unit prices, and shall make a formal recommendation to CITY regard to the award of contract. Non-technical bid requirements shall be evaluated by others. This scope of services includes no allowance for CONSULTANT's time to assist CITY in the event of a bid protest. To the proportionate extent CONSULTANT's services are required in the event of a bid protest, due to a direct action or lack thereof by CONSULTANT, CONSULTANT shall participate in such activities at no additional cost to CITY. Task 3.6 - Contract Award CONSULTANT shall provide eight sets of Construction Contract Documents for execution by COUNTY and the successful bidder within five calendar days of request by COUNTY. Task 3.7 - As- Bid Contract Documents After contract award and prior to the preconstruction conference, CONSULTANT shall prepare As-Bid construction contract documents, which incorporate the following items into the construction contract documents: . Contractor's bid submittals, including but not limited to, bid proposal, insurance, licenses, etc. . Amend / modify front end documents and / or technical specifications to incorporate changes made via contract addenda. . Revise construction contract drawings to include modifications / revisions incorporated via contract addenda. CONSULTANT shall prepare As-Bid construction contract documents and reproduce ten (10) sets for distribution to PROGRAM MANAGER within ten (10) calendar days after the City Commission approval/ contract execution. Deliverables: - Attend and participate in Pre-bid conferences and bid openings. - Respond to questions from prospective bidders and prepare Addenda for distribution by others. - Prepare recommendation of award letter - Prepare As-Bid contract documents, reproduce ten (10) sets and forward to PROGRAM MANAGER. Schedule: - Upon receipt of Task 3 Bidding and Award Services Notice to Proceed and within 65 working days upon receipt of Notice to Proceed. Page 16 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW-No.13 TASK 4 -CONSTRUCTION MANAGEMENT SERVICES The CONSULTANT shall perform the following tasks associated with office administration activities related to the construction of the Project(s). These tasks shall be performed during the duration of all construction projects. Due to the extensive amount of detailed procedures required to properly manage construction projects, PROGRAM MANAGER has developed a Construction Management Manual (CMM) for the construction phase of the Infrastructure Improvement Program. This manual will augment the general program guidelines established in the Project Work Plan, as provided to CONSULTANT by PROGRAM MANAGER, at the commencement of the Project, and provides uniform procedures and guidelines for managing the interface between CITY, Contractors, PROGRAM MANAGER's field observation staff and CONSULTANT. CONSULTANT's level of effort is based upon a construction duration period of 261 working days. Task 4.1 - Pre-Construction Conference: CONSULTANT shall attend a pre-construction conference for each Project. PROGRAM MANAGER shall prepare and distribute meeting minutes to all attendees and other appropriate parties. PROGRAM MANAGER shall issue a Limited Notice to Proceed at the Pre-Construction Conference. A final Notice to Proceed shall be issued upon receipt of a final schedule and procurement of all applicable construction permits from the Contractor. Deliverables: - Attend and participate in pre-construction conferences. Schedule: - As scheduled by Program Manager after receipt of Task 4 Construction Management Services Notice to Proceed. Task 4.2 - Weeklv Construction Meetinlls: CONSULTANT shall attend weekly meetings with the Contractor, PROGRAM MANAGER and applicable CITY representatives on each Project. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals and contract document clarifications and interpretations. In addition, the Contractor shall furnish a two-week look ahead work schedule to allow for proper coordination of necessary work efforts. These meetings shall also serve as a forum for discussion of construction issues, potential changes / conflicts and any other applicable matters. PROGRAM MANAGER shall prepare and distribute meeting minutes to all attendees and other appropriate parties. Deliverables: - Attend and participate in weekly progress meetings with Contractors. Schedule: - Weekly throughout the project duration. Task 4.3 - Relluests for Information / Contract Document Clarification IRFls / CDCsl: PROGRAM MANAGER will receive, log and process all RFls / CDCs. Whenever an RFI involves the interpretation of design issues or design intent, PROGRAM MANAGER shall forward the RFI to CONSULTANT. CONSULTANT shall prepare a response in a timely matter and return it to PROGRAM MANAGER. CONSULTANT may be requested by PROGRAM Page 17 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No. 13 ... MANAGER to prepare and forward CDCs should certain items within the contract documents require clarification. . Deliverables: - Respond to those RFls that involve design interpretations and retum to PROGRAM MANAGER's office. Issue CDCs as required. Schedule: - Ongoing throughout project construction duration. Task 4.4 - Reauests for Chanaes to Construction Cost and/or Schedule: PROGRAM MANAGER will receive, log and forward to CONSULTANT, all requests for project cost and/or schedule changes from the Contractor. Changes may be the result of unforeseen conditions or interferences identified by the Contractor during the routine progress of work, inadvertent omissions (betterment) issues in the contract documents, or additional improvements requested by the CITY or CONSULTANT after the project bid date. Regardless of the source, CONSULTANT shall evaluate the impact of the change request in terms of project cost and schedule. CONSULT ANT shall prepare an analysis of the change request indicting reasons for acceptance, references to applicable sections of the contract documents that validate or disclaim the change request, and if accepted, a statement noting that the requested cost / schedule impacts are fair and reasonable. PROGRAM MANAGER will perform an independent review of the change request as torelative merit. PROGRAM MANAGER will review CONSULT ANT's analysis and upon acceptance, forward it to the CITY and Contractor, for processing. Oeliverables: - Perform independent review of request for cost increase and/or time extension. - Coordinate and participate in meetings, as required, with PROGRAM MANAGER, CITY and Contractor to resolve and/or negotiate the equitable resolution of request. Schedule: - Prepare change order documentation. - Ongoing throughout project construction duration. Task 4.5 - Processina of Shoo Drawinas PROGRAM MANAGER will receive, log and distribute shop drawings to CONSULTANT for its review. CONSULTANT shall have 14 calendar days from the time of receipt in its office, to review and return shop drawings to PROGRAM MANAGER's office. Deliverables: - Review Shop Drawings and retum them to PROGRAM MANAGER's office. Schedule: - Ongoing throughout project construction duration. Task 4.6 - Field Observation Services: PROGRAM MANAGER will provide field staff to observe the construction of the work. CONSULTANT shall provide specialty site visits by various design disciplines (civil, mechanical, Page 18 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No. 13 landscaping) on an as requested basis. For the purposes of this scope of services, it is assumed that a totaL of twelve (12) specialty site visits are included. Deliverables: - Provide up to twelve (12) specialty site visits. Schedule: - Ongoing throughout project construction duration. Task 4.7 - Proiect Closeout: Upon receiving notice from the PROGRAM MANAGER advising the CONSULTANT that the Project is substantially complete, CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall conduct an overview of the Project. The overview shall include development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. PROGRAM MANAGER shall develop the list with assistance from CITY and CONSULTANT. The list shall be forwarded to the Contractor. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Upon notification from PROGRAM MANAGER that all remaining "punch lisf' items have been resolved, the CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall perform a final review of the finished Project. Based on successful completion of all outstanding work items by the Contractor, CONSULTANT shall assist in closing out the construction contract. The contract documents shall be structured to require the Contractor to prepare the record drawings. CONSULT ANT shall furnish the electronic drawing files to the CITY for the Contractor's use. PROGRAM MANAGER shall certify the record drawings to the various affected permitting authorities. Deliverables: - Attend field meetings to review substantial completion and develop "punch lists". - Certify project completion to appropriate agencies. Schedule: - At the Substantial completion of project TASK 5 - ADDITIONAL SERVICES No additional services are envisioned at this time. However, if such services are required during the performance of the Work, they shall be requested by CITY and negotiated in accordance with contract requirements. Note that a separate Notice to Proceed is required prior to performance of any Work not expressly required by this scope of services. If CONSULTANT, proceeds with out of scope Work without proper authorization, it does so at its own risk. TASK 6 - REIMBURSABlES Task 6.1 - ReDroduction Services: CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports, contract documents and miscellaneous items, as may be requested by CITY. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Paga 19 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW - No. 13 Task 6.2 - Travel and Subsistence: CONSULT ANT shall be reimbursed at the United States Intemal Revenue Service established rate for travel and subsistence, up to the maximum not-to-exceed amount as noted. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 6.3 - Survevina: CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to update the topograhical survey (provided by the CITY) of the project limits which meets the requirements of sub-task 2.1. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 6.4 - Geotechnical Evaluation CONSULTANT shall conduct a preliminary field exploration program to identify typical geotechnical conditions along the proposed pipeline corridor(s) and/or to ascertain the sub surface conditions with respect to its drainage design. The program may consist of standard penetration borings and asphalt pavement cores to establish the existing thickness of asphalt at key locations. Actual locations shall be as directed by CONSULTANT. Cost shall be limited to the noted not-to-exceed amount. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 6.5 - Underaround Utilitv Verification: None anticipated at this time. Page 20 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW-No.13 Minimum Design Features To Be Shown On Drawings CONSULT ANT shall note that the above criteria indicate the minimum design standards to be shown on the drawings. CONSULTANT is encouraged to review and recommend changes as it deems necessary, subject to the review and acceptance of the CITY and PROGRAM MANAGER. Paving, Grading and Drainage Plans . Show existing grade/topography, centerline roadway, edge of pavement, back of sidewalk, top of curb, gutter flow line Show proposed grade along the centerline of the road at 50 centers, limits of road work, inlets, curb and gutter and sidewalk Show limits of demolition / removal Show limits of proposed work Identify all surface features of all existing and proposed work Identify driveway locations Identify proposed structures Identify linear footage of pipe, pipe invert elevation, diameter and material . . . . . . . Paving, Grading and Drainage Details . Show proposed cross sections with topographical information at 50 foot stations . Identify the following minimum information on cross sections: Existing utilities Proposed road slope, lane width, sidewalk width and surface features within the right-of-way Road construction details for the sub-base and base and asphalt Proposed utility locations . Conflict manhole detail . Manhole details . Driveway replacement section . Catch basin details . Exfiltration trench details . Drainage pipe trench detail . Restoration Details - All pipes Roadway Sidewalk Curb and gutter Page 21 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW-No.13 Water Distribution and Sanitary Sewer Plans General . Identify existing utilities . Show future utilities proposed by others . Identify trees I landscaping to remain in place Sanitary Sewer . Manhole details . Connection to existing manholes (precast / brick) . Connection to existing service laterals and mainline . Show sanitary sewer manhole I flow direction . Show sanitary sewer (single service) . Show sanitary sewer (double service) . Show sanitary sewer pipe diameter, linear feet, material and slope along pipe length . Show rim and pipe invert elevations on sanitary sewer manholes . Indicate sanitary sewer (existing / proposed) clean out locations . Indicate sanitary sewer service invert elevation at the right-of-way for new services Sanitary Sewer Profiles . Identify sanitary sewer manhole number, rim elevation, invert elevations of incoming and outgoing pipes . Show sanitary sewer pipe diameter, linear footage and slope . Show existing utilities, diameter, type and invert of pipe elevation Water Distribution System . Show location of single and double water meter boxes . Identify fire hydrant assembly . Identify fitting locations . Identify limits of restrained joints . Identify deflection limits . Identify water sampling points . Identify dead end blow-offs Page 22 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW-No.13 . Identify air release valves . Identify pipe diameter and material . Stationing Pressure Pipe Profiles . Show top of pipe elevation . Identify location of air release valve at high points . Identify vertical/horizontal deflection and/or fittings . Identify minimum cover requirements . Provide details of major utility crossings Jack and bore Horizontal directional drilling Subaqueous crossing Aerial crossing Culvert crossing Page 23 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) EDAW-No.13 Star, Palm & Hibiscus Islands Proposed Drawing List Content General Notes & Abbreviations Overall Site Plan (Star) Overall Site Plan (Palm) Overall Site Plan (Hibiscus) Site Survey Notes Site Survey (Star) Site Survey (Palm) Site Survey (Hibiscus) Hardscape & Materials Plan (Star) Hardscape & Materials Plan (Palm) Hardscape & Materials Plan (Hibiscus) Hardscape Details/Plan Enlargements Layout & Geometry Plan (Star) Layout & Geometry Plan (Palm) Layout & Geometry Plan (Hibiscus) Grading & Storm Drainage Plan (Star) Grading & Storm Drainage Plan (Palm) Drainage Schedules, Profiles & Details Water Line Plan (Star) Water Line Plan (Palm) Water Line Plan (Hibiscus) Utility Schedules, Profiles & Details Lighting Plan (Star) Partial Lighting Plan (Palm) Partial Lighting Plan (Hibiscus) Partial Electrical Schedules & Details Landscape Plan (Star) Partial Landscape Plan (Palm) Partial Landscape Plan (Hibiscus) Partial Landscape Schedules & Details Irrigation Plan (Star) Partial Irrigation Plan (Palm) Partial Irrigation Plan (Hibiscus) Partial Irrigation Schedules & Details Page 24 of 24 Hwd:4003C005 (No. 13 Star, Palm & Hibiscus Islands) Scale NTS 1:100 1:100 1:100 NTS 1:20 1:20 1:20 1:20 1:20 1:20 Varies 1:20 1:20 1:20 1:20 1:20 Varies 1:20 1:20 1:20 Varies 1:20 1:20 1:20 Varies 1:20 1:20 1:20 Varies 1:20 1:20 1:20 Varies Total Sheets 1 1 1 1 1 4 5 5 4 5 5 8 4 5 5 4 5 8 4 5 5 12 4 5 5 2 4 5 5 2 2 2 2 2 138 EDAW - No. 13 \ uJ >-~ ~..J offi 5~ o~ CD \ \ \ \ \ \\ ~ - - - - - - - - - - - - o (;, o o - - - \ , , \ , , \ , , \ I , , ~~,,~ '" 8ll'i\l'II"l.," 'I'lN\H:)'V3 \'rO'<i3.8 _'d\'i>' ~B1-S3M3N IfYt--H _HY3-d o......p.l\l :S31~X - Neighborhood No. 13 Star. Palm and Hibiscus Islands May 16. 2001 SCHEDULE B PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND EDA W INC. CONSULTANT COMPENSATION Please refer to the attached Schedule 35 SCHEOULE B City of Miami Beach Streetscapes : Islands Neighborhood EOAW TEAM Fee Worksheet Contract Billing Rateti.1@Ki['ii;@iJH%.~t1i~~@i.Mimfjt"}1iH&.~\~i~~~@~1ii~iJjliiWiliF Proj. Director Proj. Manager Senior LA Project LA Designer Drafter Clerical Phase 1 f)lannlng (16 Weeks) 1.1 Pr()!ecl KicK-Off Meeting 1.2 lnlrsstructure Meeting 1.3 Site Racon I Alt. Streetscap@ 1.4 Attend Visioning Session 1.5 Review Meetings 1.6.1 Community Design Workshop I 1.6.2 Community D@signWorkshop l\ 1.6.3 Community Design Workshop 1I1 1.6.4 Community Design Workshop IV 1.7 Draft Basis 01 Design Report 1.8 BOOR Re~iewwfCity 1-9 Additional Review Meetings 1.10 Fil'1a\ BOOR Phase 2 Design Service_ (36 Ween) 2.1 Field Verification of Existing Conditions 2.2 Detailed Design 2.3 Design I Constructablity 2.4 Cost Opinions 2.5 Community Design Review Meetings 2.6 Documen\ Revisions 2.7 Permitting Reviewli 2.8 AlE Consulting aAfQC ot Design Documents PHASE 3 Bidding and Awerd (4 weeks) 3.1 Construction Contract Document Review 3.2 Bid Document Delivery 3.3 Pre-Bid Conference 3.4 Addenda Issuance 3.5 Bid EvalUation 3.6 Contract Award 3.7 As-Bid Contract Documents PHASE 4 Construction AdlYlInl_tratlon (...ume 12 m. 4.1 Pre-construction Conlerence 4.2 Monthly Construction Meetings 4.3 RF\/CDC 4.4 Request for Changes to Const. CostfSched 4.5 Shop Drawing Processing 4.6 Field Observation l1 per month) 4.7 Project CltlSeoUl Labor Summery of Ph... 1 fhru 4 , B 4 0 0 0 0 0 " B 0 0 0 0 32 20 24 0 40 '0 4 12 . 16 0 B 0 0 16 I. 0 0 0 0 0 B B B 0 , B 4 , B , 0 B B 4 , B B 0 6 B 4 , , , 0 , , . 16 . 3D 0 " 16 16 . B . 0 0 0 0 , , , 0 0 0 0 " 16 " 0 " 12 16 2' 0 0 24 0 24 0 100 138 0 320 320 400 0 , 32 0 0 0 0 0 . 2' 0 0 0 40 , 24 24 0 24 0 0 . 12 20 0 40 40 SO . . 16 0 16 0 16 2 24 4B 0 0 0 0 . 4 , 0 0 0 0 0 0 4 0 0 0 4 0 0 4 0 0 0 0 0 . . 0 0 0 , 0 4 , 0 0 0 0 0 0 . 0 0 0 0 0 4 . 0 0 0 , 0 onth conlotrudlon dUlldlon 0 , 0 0 0 0 0 0 12 0 38 0 0 , , 12 0 38 0 0 0 4 4 0 0 0 0 0 4 " 0 24 0 32 0 4 12 0 32 0 0 B . B 0 12 0 0 << 0 < <<< ......... < ...//)... proJ. DirectOr proJ. Manager Semor LA Project LA Designer Drafter T~::,H;'~:!;i!~i~%i;)j;~mW!;i!!ii4ii!'!;!%ii@:..;JW!i,liiF;~i;ii!i:. l'1inM:t eo_is (Included in fee proposal) 6,1 Reproducible Services 6.2 Travel and SUbsistence 6.3 Surveying (allowance) 6.4 Geotechnical EVal~ation (allowance) Total Fees InclUding all Direct EDAW Fee I;stimate Islands composite1 Clerical .. :"*mi~iFtK TolalHours Total Cost 20 $2,532.00 24 $2.744.00 200 $16,752.00 44 $4.932.00 32 $4,240.00 44 $4,104..00 44 $4.104.00 44 $4,104.00 44 $4.104.00 102 $9,010.00 24 $2,944.00 24 $2,944.00 92 $8,32.0.00 72 $6,816.00 1276 $102,820.00 40 $5,000.00 60 $6,440.00 76 S8,60a.OO 200 $15.020.00 sa $5,364.00 7B $9,400.00 12 $1,540.00 8 $688.00 4 $480.00 20 $1,956.00 12 $1.540.00 4 $480.00 20 $1,956.00 , $960.00 58 $4,892:.00 sa $5,732.00 , $1,060.00 76 $6,252.00 56 $5,124.00 $2,584.00 2,980 :.;.' "., .:.;.:.:.:.;.-.'. :.:.~:.:. :::::;:~:::::.:..., $265,566.00 $7,500.00 $1,600.00 $10,300.00 $5.000.00 $289,966.00 Page 1 of 1 5/8101 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16. 2001 SCHEDULE C PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND EDA W INe. HOURLY BILLING RATE SCHEDULE Classification Hourlv Billin!! Rate Project Director $145.00 per hour Project Manager $120.00 per hour Sr. Engineer / Architect $103.00 per hour Engineer / Architect $87.00 per hour Designer $73.00 per hour Drafter $52.00 per hour Clerical $40.00 per hour 36 Neighborhood No. 13 Star, Palm and Hibiscus Islands May 16, 2001 SCHEDULE D . . PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND EDA WINe. Task 1 2 3 4 5 6 PROJECT SCHEDULE Description: Planning Phase Services Design Phase Services Bidding and Award Phase Services Construction Phase Services Additional Services Reimbursables Working days after Notice to Proceed 100 Days 261 Days 64 Days 261 Days N/A N/A 37 HAzEN AND SAWYER Environmental Engineers & Scientists , <"; Hazen ana Sawyer, P.C. 4000 Hollywooa Boulevara Seventh Floor, North Tower Hollywooa, fL 33021 9549B7.0066 fax: 954 9B72949 June 29, 2001 0\ JU\129 M" 8: 43 ,:' .." \ ,~ . ,; ,\ i OfFICE' Mr. Timothy Hemstreet Special Assistant to the City Manager CITY OF MIAMI BEACH City Hail 1700 Convention Center Drive Miami Beach, Florida 33139 City of Miami Beach Right-of-way Infrastructure Program Star, Palm, Hibiscus Islands Oceanfront Contract Execution Dear Mr. Hemstreet: Enclosed piease find one (1) original Certificate of Insurance and four copies of the Pi\)fessionai Services Agreement for the following neighborhoods: o Slar, Palm and Hibiscus Islands ~ Oce.anfront f"!~,~stJ I~ave the Risk management department review the Certificate of Insurnatefor compli;:,nc" with contract requirements. Upon execution, we would appreciate one (1) . copy of each executed contract. Th:mk you for your assistance and cooperation concerning this matter. Should you have nay questions, please do not hesitate to contact our office. Very truly yours, ecru;; Charies O. Carreno, P.E. Deputy' Program Manager Endos:.i(tjs G: U. Shockey J. De Pazos B. Vidal file No. 4013/0.4 file No. 400610.4 New York, NY . Armonk,NY. Woodbury,NY. Upper Saddle River, NJ . Oetroit,Mlo Raleigh,NC' Charlotle,NC' Fairfax,VA' HOlIywood,FL. BocaRaton,FL' FortPierce,Fl. Gainesville,FL' Sarasota,Fl- Mlami.Fl . PPIB a Hi/b, Rogal and Hamilton Company June 19,2001 Hazen & Sawyer, PC 4000 Hollywood Blvd., 7th Floor North Tower Hollywood, FL 33021 Attn: Charles Carreno Re: Certificate of Insurance Dear Mr. Carreno, Please find the original and copy of the certificate of insurance for our Insured, EDAW, Inc. Please be advised that the certificate of insurance with a countersignature will follow shortly. Please do not hesitate to call should you have any questions. Thank you, ~L1 ~i- Wyemy Tolosa Customer Service Representative Professional Practice Insurance Brokers, Inc. Enclosures wvt PROFESSIONAL PRACTICE INSURANCE BROKERS, INC. ro CALIFORNIA STREET, REDWOOD CITY, CA 94063 FAX:650.366.I455 TEL:650.369.5900 LIc:064I36I Certificate of Insurance 1 of 1 #S33398/M28982 Agency Name and Address: THIS CERTIFICATE IS ISSUEO AS A MATTER OF Professional Practice INFORMATION ONLY ANO CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE OOES 10 California Street NOT AMENO, EXTEND OR ALTER THE COVERAGE Redwood City, CA 94063-1513 AFFOROED THE POLICIES L1STEO BELOW. Insureds Name and Address: Companies Affordin~ Policies: EDA W Inc. A.American Motorists Insurance o. B.American Motorists Insurance Co. 753 Davis Street c.Continental Casualty Company San Francisco, CA 94111 D. E. F. COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDlNG ANY ReQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTQ WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE A GENERAL LIABILITY TKP77453300 07/0t/00 07/01101 1&1 Commercial General liability o Claims Made 1Kl Occurrence o Owner's and Contractors Protective 0 A AUTO LIABILITY TKP77453300 07/01/00 07/01101 o Any Automobile o All Owned Autos o Scheduied Autos IRI Hired Autos IRI Non-owned Autos o Garage liability 0 EXCESS LIABILITY o Umbrella Form o Other then Umbrella Form B WORKERS' 7CW2355341O 09/01/00 09/01101 COMPENSATION AND EMPLOYER'S LIABILITY C PROFESSIONAL AEA008234067 03/24/01 03/24/03 LIABILITY' POLICY LIMITS General Aggregate: $2,000,000 Products-ComiOps Aggregate: $2,000,000 Personal and Adv. Injury: $1,000,000 Each Occurrence: $1.000.000 Fire Dmg. (anyone fire): $ 500,000 Combined Single Limit: Bodily Injury/person: Bodily Injury/accident: Property Oamage: Each Occurrence: Aggregate: Statutory Limits Each Accident: DiseaseIPolicy Limit: Disease!Employee: Per Claim A re ate $1,000,000 $0 $0 $0 $1,000,000 $1,000,000 $1,000.000 $1,000,000 $1,000,000 $0 Description of Operations/LocationsNehicles/Restrictions/Special items: ALL OPERATIONS OF THE NAMED INSURED, INCLUDING PROJECT #lA029.01. GENERAL LIABILITY ONLY: THE CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE NAMED INSUREDS' OPERATIONS IN PROJECT #1A029.01. SEE ADDITIONAL INSURED ENDORSEMENT ATTACHED. re ate limits of Iiabilit not less than amount shown. Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WilL. BE GIVEN. Aut"'frized Representative: '.'~e'" 'Written at a City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 cc: l.. 06/19/01 AMERICAN MOTORISTS INSURAN.CE COMPANY BLANKET ADDITIONAL INSURED ENDORSMENT ARCHITECTS AND ENGINEERS PROGRAM This blanket endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY POLICY for: Named Insured: Policy Period: EDAW, Inc. 07/01/00-7/01/01 Policy No. TKP77453300 TYPE OF OPERATION All operations of the Named Insured, including a specific project / job listed on the attached Certificate of Insurance. WHO IS AN INSURED (Section II) is amended to include as an insured The Additional Insureds: Owners, Lessees or Contractors listed below, but only with respect to liability arising out of "your work" performed for that insured by or for you. ADDITIONAL INSURED OWNERS, LESSEES, LOSS PAYABLE OR CONTRACTORS FORM B City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 PRIMARY COVERAGE With respect to ciaims arising out of the operations of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the Additional Insureds. CROSS LIABILITY CLAUSE The naming of more than one person, firm or corporation as insureds under this policy shall not, for that reason alone, extinguish any rights of the insured against another, but this endorsement, and the naming of multiple insureds, shall not increase the total liability of the Company under this policy. NOTICE OF CANCELLATION 1. If we cancel this policy for any reason other than non-payment of premium, we wili mail written notice at least 30 days before the effective date of cancellation to the Additional insureds on file with the Company. 2. If we cancel this policy for non-payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional Insureds on file with the Company. WAIVER OF SUBROGATION Applicable to Commercial General Liability Coverage: If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a ioss to impair these rights. At our request, the insured will bring "suif' or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. ~ ~ ~lt . Au ori~d Representative ~ [NOTE: MEETS OR EXCEEDS CG 20101185] ISSUED: June 19, 2001 Certificate of Insurance 1 of 1 #S33398/M28982 Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice INFORMATION ONLY ANO CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLOER. THIS CERTIFICATE OOES 10 California Street NOT AMENO, EXTENO OR ALTER THE COVERAGE Redwood City, CA 94063-1513 AFFOROEO THE POLICIES L1STEO BELOW. Insureds Name and Address: Companies Affordin~ Policies: EDA W Inc. A. American Motorists Insurance o. B.American Motorists Insurance Co. 753 Davis Street c. Continental Casualty Company San Francisco, CA 94111 o. E. F. COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF: INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS. EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER EXP.DATE EFF.DATE A GENERAL LIABILITY TKP77453300 07/01100 07/01101 IXI Commercial General liability o Claims Made IKI Occurrence o Owner's and Contractors Protective 0 A AUTO LIABILITY TKP77453300 07/01/00 07/01101 o Any Aulomobile o All Owned Autos o Scheduled Autos IXI Hired Autos IXI Non-owned Autos o Garage Liability 0 EXCESS LIABILITY o Umbrella Form o Other than Umbrella Form B WORKERS' 7CW2355341O 09/01100 09/01101 COMPENSATION ANO EMPLOYER'S LIABILITY C PROFESSIONAL AEA008234067 03/24/01 03/24/03 LIABILITY" POLICY LIMITS General Aggregate: $2.000.000 Products-Com/Ops Aggregale: $2.000.000 Personal and Adv.lnjury: $1.000,000 Each Occurrence: $1,000,000 Fire Omg. (anyone fire): $ 500.000 Combined Slngie Limit: Bodily Injury/person: Bodily Injury/accident: Property Oamage: Each Occurrence: Aggregate: Statutory Limits Each Accident: OiseaselPolicy Limit: Disease/Employee: Per Claim A re ate $1,000.000 $0 $0 $0 $1.000,000 $1,000.000 $1.000.000 $1.000.000 $1.000.000 $0 Description of Operations/LocationsNehicles/Restrictions/Special items: ALL OPERATIONS OF THE NAMED INSURED, INCLUOING PROJECT #1A029.01. GENERAL LIABILITY ONLY: THE CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED BUT QNL Y AS RESPECTS LIABILITY ARISING OUT OF THE NAMED INSUREDS' OPERA lIONS IN PROJECT #1 A029.01. SEE ADDITIONAL INSURED ENDORSEMENT A TT ACHED. not less than am unt shown. THE AGGREGATE LIMIT IS THE TOTAL, INSURANCE AVAIlABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR All. OPERATIONS OF THE INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 DAYS WRITTEN NOTice TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT OF CANCElLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. Au~zed Representative: 06/19/01 'Written at re ate limits of Iia i1it Certificate Holder: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 cc: AMERICAN MOTORISTS IN!)URANCE COMPANY BLANKET ADDITIONAL INSURED ENDORSMENT ARCHITECTS AND ENGINEERS PROGRAM This blanket endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY POLICY for: Named Insured: Policy Period: EDAW, Inc. 07101100-7101101 Policy No. TKP77 453300 TYPE OF OPERATION All operations of the Named Insured, including a specific project I job listed on the attached Certificate of Insurance. WHO IS AN INSURED (Section II) is amended to include as an insured The Additional Insureds; Owners, Lessees or Contractors listed below, but only with respect to liability arising out of "your work" performed for that insured by or for you. ADDITIONAL INSURED OWNERS, LESSEES, LOSS PAYABLE OR CONTRACTORS FORM B City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 PRIMARY COVERAGE - With respect to claims arising out of the operations of the Named Insured, such Insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the Additional Insureds. . CROSS LIABILITY CLAUSE - The naming of more than one person, firm or corporation as insureds under this policy shall not, for that reason alone, extinguish any rights of the insured against another, but this endorsement, and the naming of multiple insureds, shall not increase the total liability of the Company under this policy. NOTICE OF CANCELLATION 1. If we cancel this policy for any reason other than non-payment of premium, we will mail written notice at least 30 days before the effective date of cancellation to the Additional Insureds on file with the Company. 2. If we cancel this policy for non-payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to Ihe Additional Insureds on file with the Company. WAIVER OF SUBROGATION Applicable 10 Commercial General Liability Coverage: If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. ~AA~ ~ct~ Au orl d Representative lNOTE: MEETS OREXCEEOS CG20 10 1185} ISSUED: June 19, 2001 Agency Name and Address: THIS CERTIFICATE IS ISSUEO AS A MATTER OF Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 10 California Street NOT AMEND, EXTEND OR ALTER THE COVERAGE Redwood City, CA 94063-1513 AFFORDED THE POLICIES LISTED BELOW. Insureds Name and Address: Companies AffOrdin~oIlcies: EDA W Inc. A. American Motorists Insurance . - "75jf5iivis'SiieetC~=c-'-~~"-"--- ---- -- -- - ,.---.-- - ,~J\.!t!!:riCll!lcMotQrislS lnIDu:!II1ceCo. -- .... c. Continental Casualty Company San Francisco, CA 94111 D. E. F. Certificate of Insurance 1 of 1 #S333981M28982 COVERAGES: nus IS TO CERTIFY THAT POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUeo TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDtCATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDmON OF Iff'( CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THlS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDeD BY THE POliCIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONOmQNS OF SUCH POLICIES. Description of Operations/LocationsNehicles/Restrictions/Special items: ALL OPERATIONS OF THE NAMED INSURED. INCLUDING PROJECT '1A029.01. GENERAL LIABILITY ONLY: THE CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED BUT ONLY AS RESPECTS L1ABILI'D;ARIS1NG OUT 9,F THE NAMED INSUREDS' OPERATIONS IN PROJECT '1A029.01. SEE ADDITIONAL ..... INSURED ENDORSEMENT ATTACHED. ~e - /l'9Ifr e+' ~ ~ J~:;:t4- .>,ci/'p(-hl p -C .../2-n~rJ~-' c...-A, -r-olZJ?-o</> ,(/el'1t?6v_hL>p..(' bt:P-6 - OCt"q,,'A--/- 4-- 'Written at a re ate limits of Iiabili no less than amount sown. Certificate Holder: THE AGGREGATE UMIT is THE TOTAL INSURANCE AVAIlABLE FOR ClAIMS PRESENTED WITHIN THE POlICY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE lSSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WU MAIL 30 DAYS WRITTEN Nonce TO THE CERTIFICATE HOlDER NAMED 10 lHE LEFT, EXCEPT IN THE EVENT OF CANCELlATION FOR NON.pAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTtCE WILL BE GIVEN. ~Zed Aaptesentattve: TYPE OF INSURANCE POLICY NUMBER A GENERAL LIABILITY TKP77453300 IX! Commarcial Ganeral LiabDIty o Claims Made I&J OccUITance o Ownefs and Contractors Protactlve EFF.DATE EXP.DATE 07/01100 07/01l0t o A AUTO LIABILITY o Any AutomObIle o All owned Autos o Scheduled Autos 1XI Hired Autos 1&1 Non-ownad Autos o Garage LiabIlity o TKP77453300 07/01100 07/01/01 ( EXCESS LIABILITY o Umbralla Form o Othar than Umbrella Fonn B WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY 7CW235534tO 09/01100 09/01l0t C PROFESSIONAL LIABIUTY* 03/24/0t 03/24/03 AEAOO8234067 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 -. ;, , POLICY LIMITS General Aggregate: $2.000,000 Products-<:omlOps Aggregate: $2,000.000 Personal and Adv . Injury: $t.OOO,OOO Each Occurrance: $t.OOO,OOO Fire Dmg. (any one fire): $ 500,000 Comblned Single Um1t: BodDy Injury/person: Bodily Injury/aool_t Property Damage: $t,OOO,OOO $0 $0 $0 Each Occurrence: Aggregate: Statutory Limits Each Acoldant: Disease/PoIlcy Limn: Dlsease/Employee: Per Claim A r te $t,OOO,OOO $t.OOO.OOO $t,OOO,OOO $t.OOO,OOO $1,000,000 $0 " 06/19/01 Certificate of Insurance Agency Name and Address: THIS CERTIFICATE IS ISSUED N3 A MAllER OF Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 10 California Street NOT AMENO, EXTEND OR ALTER THE COVERAGE Redwood City, CA 94063-1513 AFFOROED THE POUCIES USTED BaOW. Insureds Name and Address: Compar\ies Afford~ Policies: EDA W InC. A.American Motorists Insurance o. B.American Motorists Insurance Co. - 753 Davis StreeL - . c,ContinentaLCasualtycCompany. - -~. . - .SanFranCiscO;tA 9411I -. --.-- D. E. F. 1 of 1 #S33398/M28982 COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BEtOW HAVE BEEN JSSUEO TO THE INSURED NAMED NJC:NE FOR THE POuCY PERIOD INDfCATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnACATE MAY BE ISSUeD OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDIT1ONS OF SUCH POLICIES TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE POLICY LIMITS A GENERAL LIABIUTY TKP774S33OO 07/01100 07/01101 General Aggregate: $2.000,000 1&1 Commercial General Uabllity Products-comtOps o Claims Made Aggregate: 52.000,000 1&1 Occurrence Personal and MY. InjUIY: $1.000,000 o Owne(s and Contractors Each Occurrence: $1.000.000 Protective Fife Dmg. (any one fire): $ Soo.OOO 0 A AUTO UABIUTY TKP774S33OO 07/01100 07/01101 Combined Single UmIt $1,000,000 o MY Automobne 4, Bodily Injury/person: $0 o All OWned Autos Bodny Injury/accident $0 o Scheduled Autos Property Damage: $0 1&1 Hired Autos 1&1 Non-owned Autos o Garage UabUity 0 EXCESS UABIUTY Each Occurrence: o Umbrella Form Aggr_te: o Other than Umbrella Fonn B WORKERS' 7CW23SS3410 09/01100 09/01/01 Statutory LmI1s COMPENSATION Each Accident $1,000,000 AND EMPLOYER'S DiseaselPollcy limit $1.000,000 UABIUTY Disease/Empfoyee: $1.000.000 PROFESSIONAL AEA008234067 Per Claim $1,000.000 C 03/24/01 03/24103 UABIUTY' te $1,000.000 $0 Description of Operations/LocationsNehicles/Restriclions/Special items: ALL OPERATIONS OF THE NAMED INSURED, INCLUDING PROJECT I1A029.01. GENERAL LIABILITY ONLY: THE CERTlACATE HOLDER IS NAMED AS AN ADDITIONAL INSURED BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE ~MED INSUREDS' OPERAT!9NS IN PROJECT #IA029.01. SEE ADDITIONAL IIo..'NSUREDENDORSEMFNTAJTACHED. ,uq"1e. ~ /ffqlt f- 0 f' OV'tL, .J:Mrvq <;~t;fu.~"t:.. ~=e-._.... -yA/t'1 'Jq~"," 'ttN"d' kb .1.> S':fv-,,-.J tkJ::., /"'" d /""*6,c.(O rv:s /~ 7a~~ ~ .Wri en at a re ate limit of liabilit no less th n am unt shown. Certificate Holder: THE AGGREGATE L1Mrr IS THE TOTAL INSURANCE AVAlL.AIll.E FOR C1.AIMS PRESENTEO WITHIN THE POUCY FOR ALl OPERATK>NS OF TME INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCElED BEFORE THE EXPIRATlON DATE THEREOF. THE ISSUING COMPANY, ITS AGENTS OR REf:tRESENTAnvES WILl MAlL 30 DAYS WRITTEN N01lCE TO lliE CERTIFICATE HOLDER NAMED 10 THE LEFT. EXCEPT IN THE EVENT OF CANCElLATJON FOR NON.pAYMENT OF PREMIUM IN WHtCH CASE 10 DAYS NOTlCE WILL BE GIVEN. Authprized ReprMentllliYe: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 '.,\^ " 06/19101