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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A / E)
SERVICES
FOR THE
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
BID PACKAGE 8E -SUNSET ISLANDS 1 & 2
APRIL 2009
Bid Package 8E: Sunset islands 1 & 2
TABLE OF CONTENTS
DESCRIPTION PAGE
ARTICLE 1 DEFINITIONS 2
1.1 City 2
1.2 City Commission 2
1.3 City Manager 2
1.4 Proposal Documents 2
1.5 Consultant 2
1.6 City Project Coordinator 3
1.7 Program Manager 3
1.8 Basic Services 3
1.9 The Project 3
1.9.1 The Project Cost 3
1.9.2 The Project Scope 3
1.10 Construction Cost 4
1.10.1 Construction Cost Budget 4
1.10.2 Statement of Probable Construction Cost 4
1.11 Force Maj eure 4
1.12 Contractor 5
1.13 Contract Documents 5
1.14 Contract for Construction 5
1.15 Construction Documents 5
1.16 Contract Amendment 5
1.17 Additional Services 6
1.18 Work 6
1.19 Services 6
1.20 Base Bid 6
1.21 Schedules 6
1.22 Scope of Services 7
ARTICLE 2. BASIC SERVICES 7
2.1 Planning Services g
2.2 Design Services g
2.3 Bidding and Award Services g
2.4 Construction Phase Services g
2.5 Additional Services g
2.6 Responsibility for Claims and Liabilities 9
2.7 Time g
ARTICLE 3. THE CITY'S RESPONSIBILITIES 14
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 1 g
ARTICLE 5. ADDITIONAL SERVICES 19
ARTICLE 6. REIMBURSABLE EXPENSES 20
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Bid Package 8E: Sunset islands 1 & 2
ARTICLE 7. COMPENSATION FOR SERVICES 21
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 23
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 24
ARTICLE 10. TERMINATION OF AGREEMENT 24
10.1 Termination for lack of Funds 24
10.2 Termination for Cause 24
10.3 Termination for Convenience 25
10.4 Termination by Consultant 26
10.5 Implementation of Termination 26
10.6 Non-Solicitation 26
ARTICLE 11. INSURANCE 27
ARTICLE 12. INDEMNIFICATION 28
ARTICLE 13. VENUE 28
ARTICLE 14. LIMITATION OF LIABILITY 29
ARTICLE 15. MISCELLANEOUS PROVISIONS 29
ARTICLE 16. NOTICE 31
SCHEDULES:
SCHEDULE A SCOPE OF SERVICES -CONSULTANT SERVICES
SCHEDULE A-1 SCOPE OF SERVICES -CONSTRUCTION ADMINISTRATION
SERVICES
SCHEDULE B CONSULTANT COMPENSATION -CONSULTANT SERVICES
SCHEDULE B-1 CONSULTANT COMPENSATION -CONSTRUCTION
ADMINISTRATION SERVICES
SCHEDULE C HOURLY BILLING RATE
SCHEDULED PROJECT SCHEDULE
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Bid Package 8E: Sunset islands 1 & 2
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC
FOR PROFESSIONAL
ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
BID PACKAGE 8E -SUNSET ISLANDS 1 & 2
This Agreement made and entered into this ~~ ~` day of M~/Z C , 2009, 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 CHEN AND ASSOCIATES CONSULTING
ENGINEERS, INC., a Florida corporation having its principal office at 5100 NW 33 Avenue,
Suite 250, Fort Lauderdale, Florida 33309 (hereinafter referred to as Consultant).
WITNESSETH:
WHEREAS, the City intends to undertake a project within the City of Miami Beach,
which is more particularly described in this Agreement and the attached Schedules "A" and
"A-1 ", and wishes to engage the Consultant to provide architecture, landscape architecture,
and/or engineering services for the Project at the agreed fees as set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of
architectural, landscape architectural, and/or engineering and related professional services
relative to the Project, as hereinafter set forth.
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreements herein contained, agree as follows:
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Bid Package 8E: Sunset islands 1 & 2
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 of the City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative
officer of the City. The City Manager shall be construed to include any duly authorized
designees, including the Project Coordinator and/or Program Manager, and shall serve as
the City's representative to whom administrative requests for approvals shall be made and
who shall issue authorizations (exclusive of those authorizations reserved to the City
Commission) to the Consultant.
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean City Request for
Qualifications (RFQ) No. OS-08/09 for RE-DESIGN, BID AND AWARD, AND
CONSTRUCTION MANAGEIVVIII~]TSERVICFSINTHENOTTOEXCEIDAMOUNTOF
$90,000, FORTHER~DESIGN COMPONENT, FORTIS SUNSET ISLAI~IDS I & II
NEIQ3BORHOODRIGHT-0F WAYIMPROVEIVIII~]TPROJECT, TO INCLUDE
ADDITIONAL STORMWATER INFRASTRUCTURE, issued by the City in
contemplation of this Agreement, together with all amendments thereto, if any, and the
Consultant's proposal in response thereto (Proposal), which is incorporated by reference
in this Agreement and made a part hereof; provided, however, that in the event of an
express conflict between the Proposal Documents and this Agreement, this Agreement
shall prevail.
1.5 CONSULTANT: The "Consultant" is herein defined as Chen and Associates
Consulting Engineers Inc., a Florida corporation having its principal offices at 5100 NW
33 Avenue, Suite 250, Fort Lauderdale, Florida 33309. When the term "Consultant" is
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Bid Package 8E: Sunset islands 1 & 2
used in this Agreement it shall be deemed to include any sub-consultants and any other
person or entity acting under the direction or 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.
1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the
individual appointed by the City Manager who shall be the City's authorized
representative to coordinate, direct, and review on behalf of the City, all matters related
to the Project, except as otherwise provided herein.
1.7 PROGRAM MANAGER: The City has contracted the services of Hazen and
Sawyer P.C. to act as Program Manager for the City's Right of Way Infrastructure
Improvements Program (Program), of which this Project is a part. Hazen and Sawyer will
function as a representative of the City in performance of its Program Management role,
as detailed in Schedules "A" and "A-1"entitled "Scope of Services", attached hereto.
1.8 BASIC SERVICES: "Basic Services" shall include the architectural, landscape
architectural, and/or engineering and related professional services relative to the Project,
as hereinafter set forth, including: planning, design, bidding/award, and construction
administration for the Project, as described in Article 2 herein and in Schedules "A" and
"A-1" entitled "Scope of Services" attached hereto.
1.9 PROJECT: The "Project" shall mean the City Capital Project that has been
approved by the City Commission and as described in Schedules "A" and "A-1"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 all other miscellaneous costs.
1.9.2 PROJECT SCOPE: The "Project Scope" shall mean the description
of the Project contained in Schedules "A" and "A-1" attached hereto.
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Bid Package 8E: Sunset islands 1 & 2
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.
1.10.1 CONSTRUCTION COST BUDGET: The "Construction Cost
Budget" shall mean an amount budgeted by the City for Construction Costs, as
specified for the Project Scope of Services as set forth in Schedules "A" and
"A-1" attached hereto, and further delineated costs identified in Schedules "B"
and "B-1".
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 Schedules "A" and "A-1"
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
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
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Bid Package 8E: Sunset islands 1 & 2
regulations, enacted after the date of this Agreement and having a substantial impact on
the Project; other causes beyond the parties' control; or by any other such causes which
the Consultant and the City decide in writing justify the delay; provided, however, that
market conditions, labor conditions, construction industry price trends and similar matters
which normally impact on the bidding process shall not be considered a Force Majeure.
1.12 CONTRACTOR /CONTRACTORS: "Contractor" or "Contractors" shall mean
those persons or entities responsible for performing the Work or providing the materials,
supplies and equipment identified in the bid and Construction Documents for the Project.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this
Agreement; the Agreement between City and Contractor; Contract for Construction;
Conditions of the Contract for Construction (General, Supplementary, and other
Conditions); Construction Documents; and addenda issued prior to execution of the
Contract for Construction. A Modification is one of the following: (1) written
amendment to this Agreement or the Contract for Construction signed by both parties; (2)
an approved Change Order; (3) a Construction Change Directive; or (4) a written order
for a minor change in the Work issued by the Consultant.
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean a
legally binding agreement with Contractors.
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the
final plans, specifications, drawings, documents and diagrams submitted by the
Consultant pursuant to Article 2.2 of this Agreement, in conjunction with Schedules "A"
and "A-1 ", and as approved by the City.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written
order to the Consultant approved by the City, as specified in this Agreement, and signed
by the City's duly authorized representative, authorizing a change in the Project or the
method and manner of performance thereof, or an adjustment in the fees and/or
completion dates, as applicable. Contract Amendments shall be approved by the City
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Bid Package 8E: Sunset islands 1 & 2
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 maybe 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 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:
Schedule A -Scope of Services -Consultant Services
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Bid Package 8E: Sunset islands 1 & 2
Schedule A-1 -Scope of Services -Construction Administration Services
Schedule B -Consultant Compensation -Consultant Services
Schedule B-1 -Consultant Compensation -Construction Administration
Services
The schedule of compensation to the Consultant for Basic Services, and for Reimbursable
Expenses, as defined, plus any Additional Services, as submitted by the Consultant and
approved by the City.
Schedule C -Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates
to the Consultant as submitted by the Consultant and approved by the City.
Schedule D -Project Schedule.
1.22 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as
described in Schedules "A" and "A-1", together with the Basic Services and any
Additional Services approved by the City, as described in Articles 2 and 5, respectively
herein.
ARTICLE 2. BASIC SERVICES
The Consultant shall provide Basic Services for the Project as set forth hereafter. The
Services for this Project will be performed by the Consultant upon receipt of a written
Notice to Proceed issued by the City Manager, or his designee, and Consultant shall
countersign the Notice to Proceed. A separate Notice to Proceed shall be required for
commencement of each Task, as discussed in attached Schedules "A" and "A-1"
entitled "Scope of Services".
The Consultant's Basic Services shall .consist of four Tasks (inclusive of design,
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Bid Package 8E: Sunset islands 1 & 2
bidding/award, construction administration and additional services) as described in
attached Schedules "A" and "A-1" entitled "Scope of Services", and including, without
limitation, any and all of Consultant's responsibilities and obligations as set forth within
and specifically incorporated in this Agreement.
The Consultant shall coordinate with subconsultants and other consultants, and conform
to all applicable building codes and regulations. Consultant, as it relates to its Services,
represents and warrants to the City that it is knowledgeable of codes, rules and
regulations applicable in the jurisdictions in which the Project is located, including, local
ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Statutes,
Administrative rules and regulations including, Federal laws, rules and regulations. The
Consultant agrees to comply with all such laws, codes, rules, and regulations now in
effect, and as maybe amended or adopted at any time, and shall further take into account
all known pending changes to the foregoing, of which it should reasonably be aware.
The Consultant shall insert the provisions of all required codes into the Contract
Documents.
The Consultant expressly agrees that all of its duties, services and responsibilities under
this Agreement shall be performed in accordance with the standard of care normally
exercised in the design of projects of this nature in South Florida. In addition, Consultant
represents that it is experienced and fully qualified to perform the Services contemplated
by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules
and regulations to perform such Services. Consultant warrants that it shall be responsible
for the technical accuracy of all Contract Documents which are required pursuant to
Schedules "A", "A-1" and this Agreement.
2.1 PLANNING SERVICES:
Consultant shall perform Planning Services as noted in attached Schedule "A" and
entitled "Scope of Services".
2.2 DESIGN SERVICES:
Based on the approved Planning documents developed under Article 2.1, Consultant shall
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Bid Package 8E: SUnset islands 1 & 2
prepare Design Documents, as noted in attached Schedule "A" entitled "Scope of
Services".
2.3 BIDDING AND AWARD SERVICES:
Consultant shall provide bidding and award services as noted in attached Schedule "A"
entitled "Scope of Services".
2.4 CONSTRUCTION ADMINISTRATION SERVICES:
Consultant shall furnish construction administration services as noted in attached
Schedule "A-1" entitled "Scope of Services".
2.5 ADDITIONAL SERVICES:
If required and so approved by the City, Consultant shall provide Additional Services as
noted in attached Schedule "A" entitled "Scope of Services", Task 5.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City
shall not constitute nor be deemed a release of the responsibility and liability of the
Consultant, its employees, subcontractors, agents and consultants for the accuracy and
competency of their designs, working drawings, specifications or other documents and
services; nor shall such approval be deemed to be an assumption of such responsibility by
the City for a defect, error or omission in designs, working drawings, specifications or
other documents prepared by the Consultant, its employees, subcontractors, agents and
consultants. However, the Consultant shall be entitled to reasonably rely upon the
accuracy and validity of written decisions and approvals furnished by the City and its
employees.
2.7 TIME: It is understood that time is of the essence in the completion of this
Project, and in this respect the parties agree as follows:
2.7.1 The Consultant shall perform the Services as expeditiously as is
consistent with the standard of professional skill and care required by this
Agreement and the orderly progress of the Work.
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Bid Package 8E: Sunset islands I & 2
2.7.2 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 by the City to approve the Consultant's
submissions, and/or excessive time taken by the City to approve the Services or
parts of the Services. The City shall not unreasonably refuse to approve such
adjustment(s) to the Project Schedule, if the request is made in a timely manner
and is fully justified.
2.7.3 In providing the Services described in this Agreement, the Consultant
shall use its best efforts to maintain, on behalf of the City, a constructive,
professional, cooperative working relationship with the Program Manager,
Contractor(s), and others that have been contracted to perform Services and/or
Work pertaining to the Project. While the Services to be provided by Consultant
under this Agreement will be provided under the general direction of the City's
Program Coordinator and Program Manager, it is the intent of this Agreement to
allow the Consultant to coordinate the performance of all design and construction
administration to the extent such coordination by the Consultant is permitted by
the contracts for the design and construction administration.
2.7.4 It is further the intent of this Agreement that the Consultant shall perform
its duties under this Agreement in a competent, timely and professional manner
and that it shall be responsible to the City for any failure in its performance,
except to the extent that acts or omissions by the City or others make such
performance impossible.
2.7.5 Whenever during the term of this Agreement, others are required to
verify, review, or consider any work performed by Consultant, including but not
limited to the design professionals, Contractors, and other consultants retained by
the City, the intent of such requirement is to enable the Consultant to receive input
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Bid Package 8E: Sunset islands 1 & 2
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 and/or Program
Manager. Consultant will use reasonable care and skill in accordance to and
consistent with the customary professional standards in responding to items
identified as discrepancies, errors and omissions by others. Consultant shall
receive comments from reviewers via a set of marked-up drawings and
specifications. Consultant shall address comments forwarded to it in a timely
manner. The term "timely" shall be construed to mean as soon as possible under
the circumstances, taking into account the requirements of the Project Schedule.
2.7.6 The City shall have the right at any time, and in its sole and absolute
discretion, to submit for review to consulting engineers or consulting architects or
other consultants, engaged by the City at its own expense for that purpose, any or
all parts of the services performed by the Consultant, and the Consultant shall
cooperate fully in such review at the City's request.
2.7.7 Consultant agrees to certify and warrant all estimates of Construction
Cost prepared by Consultant. Said certifications and warranties shall be in the
form and manner approved by the Project Coordinator for the City.
2.7.8 Consultant represents to City that all evaluations of the City's Project
Budget, Consultant generated Statement of Probable Construction Cost, and
detailed estimates represent Consultant's best judgment 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.
2.7.9 Consultant agrees that, when the Services to be provided hereunder
relate to a professional service which, under Florida Statutes, requires a license,
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certification of authorization, or other form of legal entitlement to practice such
services, it shall employ and/or retain only qualified personnel to provide such
services.
2.7.10 Consultant agrees to employ and designate in writing, within five (5)
calendar days after receiving its initial Notice to Proceed, a qualified licensed
professional to serve as the Consultant's project manager (herein after referred to
as "Project Manager"). The Project Manager shall be authorized and responsible
to act on behalf of Consultant with respect to directing, coordinating and
administrating all aspects of Services to be provided and performed under this
Agreement. The person selected by Consultant to serve as Project Manager shall
be subject to approval and acceptance by City. Replacement (including
reassignment) of said Project Manager shall not be made without the prior written
approval of the City.
2.7.11 Consultant agrees, within fourteen (14) calendar days of receipt of
written notice to do such from the 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.
2.7.12 Consultant herein represents to City that it has expertise in the type of
professional services that will be performed pursuant to this Agreement.
Consultant agrees that all Services to be provided by Consultant pursuant to this
Agreement shall be subject to City's review and approval and shall be in
accordance with the generally accepted standards of professional practice in the
State of Florida, as well as in accordance with applicable published laws, statutes,
ordinances, codes, rules, regulations and requirements of any governmental
agencies having jurisdiction over the Project or the Services to be performed by
Consultant hereunder. In the event of any conflicts in these requirements,
Consultant shall notify City of such conflict, in writing, and utilize its best
professional judgment to advise City regarding resolution of each such conflict.
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2.7.13 Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without City's prior written consent, or unless
incidental 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.
2.7.14 The City and Consultant acknowledge that the Scope of Services does
not delineate every detail and minor work task required to be performed by
Consultant to complete the Project. If, during the course of the performance of the
Services contemplated in this Agreement, Consultant determines that work should
be performed to complete the Project which is, in the Consultant's opinion,
outside the level of effort originally anticipated, whether or not the Scope of
Services identifies the work items, Consultant shall notify the Project Coordinator,
in writing, and in a timely manner, and obtain said Project Coordinator's written
consent, before proceeding with the work. The Project Coordinator must comply
with Contract Amendment processing requirements as outlined in Article 1.16,
prior to issuance of any written authorization to proceed with Additional Services
by Consultant. If Consultant proceeds with additional Services without notifying
and obtaining the consent of the Project Coordinator, said work shall be deemed to
be within the original level of effort, and deemed included as a Basic Service
herein, whether or not specifically addressed in the Scope of Services. Notice to
the Project Coordinator does not constitute authorization or approval by the City
to perform the work. Performance of work by Consultant outside the originally
anticipated level of effort without the prior written consent of the City shall be at
Consultant's sole risk and peril.
2.7.15 Consultant shall establish and maintain files of documents, letters,
reports, plans, and all other pertinent materials which correspond to the Project.
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Consultant shall provide City with a copy of applicable Project correspondence for
City to file in its filing system. In addition, Consultant shall provide electronic
Project document files to the City, at the completion of the Project.
2.7.16 It is further the intent of this Agreement that the Consultant shall perform
its duties under this Agreement in a competent, timely and professional manner
and that it shall be responsible to the City for any failure in its performance except
to the extent that acts or omissions by the City or others make such performance
impossible.
2.7.17 In the event Consultant is unable to timely complete the Project because
of delays resulting from untimely review by City or other governmental
authorities having jurisdiction over the Project, or such delays which are caused
by factors outside the control of Consultant, Consultant shall provide City with
immediate written notice stating the reason for such delay and a revised
anticipated schedule of completion. City, upon review of Consultant's submittal
and such other documentation as the City may require, may grant a reasonable
extension of time for completion of the Project and may provide reasonable
compensation, if appropriate.
2.7.18 The Consultant covenants with the City to furnish its Services hereunder
properly, in accordance with the standards of its profession and in conformance
with applicable construction, building and health codes and other applicable
Federal, State and local rules, regulations and laws, of which it should reasonably
be aware, throughout the term of this Agreement. The City's participation in the
design and construction of the Project in no way relieves the Consultant of its
professional duties and responsibilities under applicable law and under the
Contract Documents.
ARTICLE 3. TAE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Coordinator to act as the City's
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representative with respect to the services to be rendered under this Agreement (herein
after referred to as the "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 the requirements of Article 1.16, including but not
limited to the following:
a) The Scope of Services to be provided and performed by Consultant hereunder;
b) The time the Consultant is obligated to commence and complete all such
Services; or
c) The amount of compensation the City is obligated or committed to pay
Consultant.
3.2 The City shall assist Consultant by placing at Consultant's disposal all information
City has available pertinent to the Project, including previous reports and any other data
relative to design or construction of the Project. It shall be fully understood that City, in
making such reports, site information, and documents available to the Consultant is in no
way certifying, representing and/or warranting as to the accuracy or completeness of such
data, which shall include but is not limited to, any information provided in the City's
Proposal Documents and all other documentation associated with the Proposal
Documents, the Consultant's Proposal or this Agreement. 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 establish a final
verification that is essential to its performance under this Agreement. Additional
Services required due to inaccurate, incomplete or incorrect information supplied by the
City may be undertaken by the Consultant as an Additional Service to this Agreement.
Consultant shall notify the Project Coordinator, in writing, in a timely manner and obtain
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said Project Coordinator's written consent, before proceeding with the work. If
Consultant proceeds with the Additional Services without notifying and obtaining the
consent of the Project Coordinator, said work shall be deemed to be within the original
level of effort and deemed included as a Basic Service herein.
3.3 The City has established a Construction Cost Budget for the Project, as stated in
Schedule "A".
3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance
counseling services as may be required at any time for the Project, including such
auditing services as the City may require to verify the Consultant's applications for
payment or to ascertain that Consultant has properly remitted payment due to sub
consultants or vendors working on this Project for which Consultant has received
payment from the City.
3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project
or non-conformance with the Contract Documents or this Agreement, the City shall give
prompt written notice thereof to the Consultant.
3.6 The City shall furnish required information and services and render approvals and
decisions in writing as reasonably expeditious as necessary for the orderly progress of the
Consultant's Services and of the Work. No approvals required by the City during the
various phases of the Project shall be unreasonably delayed or withheld; provided that the
City shall at all times have the right to approve or reject any proposed submissions of
Consultant for any reasonable basis.
3.7 The City Commission shall be the final authority to do or to approve the following
actions or conduct by passage of an enabling resolution or amendment to this Agreement.
3.7.1 The City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement, except when noted
otherwise (i.e., where delegated to the City Manager or his designee) in this
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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, 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 all 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
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Manager, in his administrative discretion, may consult with the City Commission
concerning disputes or matters arising under this Agreement regardless of whether
such matters or disputes are enumerated herein.
3.8.2 The City Manager shall be authorized, but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the
Consultant, provided, however, that the Consultant's compensation or other
budgets established by this Agreement cannot be increased.
3.8.3 The City Manager, or his designee, shall be the sole representative of the
City authorized to issue a Notice to Proceed, as referenced in .Section 2 and
attached Schedules "A" and "A-1" 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 maybe specified by the City of Miami Beach Purchasing Ordinance, as
amended) and which do not increase any of the budgets established herein.
3.8.5 The City Manager may, in his sole discretion, form a committee or
committees, or inquire of or consult with persons for the purpose of receiving
advice and recommendations relating to the exercise of his powers, duties and
responsibilities under this Agreement.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The Construction Cost Budget, as established by the City and stated in Schedule
"A", shall not be exceeded without fully justifiable, extraordinary and unforeseen
circumstances, such as Force Majeure, which is beyond the control of the parties. Any
expenditure above this amount shall be subject to prior City Commission 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 1.11, the City
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Bid Package 8E: Sunset islands 1 & 2
shall have no obligation to approve an increase in the Construction Cost Budget
limitations established herein, and, if such budget is exceeded, the City Commission may,
at its sole option and discretion, terminate this Agreement without any further liability to
the City.
4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more than
five percent (5%), the City Commission shall, at its sole discretion, have any of the
following options: (1) give written approval of an increase in the Construction Cost
Budget; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize
a renegotiation of the Project within a reasonable time; (3) abandon the Project and
terminate the Consultant's Services for the Project covered by this Agreement without
further liability to the City; (4) select as many Deductive Alternatives as may be
necessary to bring the award within the Construction Cost Budget; or (5) cooperate with
the Consultant in reducing the Project scope, construction schedule, and sequence of
Work, as may be required to reduce the Construction Cost Budget. In the event the City
elects to reduce the Project Scope, the Consultant shall provide such revisions to the
Construction Documents, and provide rebidding services, as many times as reasonably
requested by the City, as a Basic Service, with no additional cost to the City, in order to
bring the bids within five percent (5%) of the Construction Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services for this Project will only be performed by the Consultant
following receipt of a written authorization by the Project Coordinator prior to
commencement of same. Such authorization shall contain a description of the Additional
Services required; an hourly fee, 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 sheets and
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reimbursable expense reviews.
5.2 The term "Additional Services" includes services involving the Consultant or any
subconsultants whether previously retained for the Services or not or whether
participating as members with Consultant or not, subject to the City's right to previously
approve any change in Consultants as set forth in this Agreement.
5.3 Additional Services may consist 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
Project which arises from subsequent circumstances and causes (excluding
circumstances and causes resulting from error, inadvertence or omission of the
Consultant) which do not currently exist or which are not contemplated by the
parties at the time of execution 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 in the interest of the
Project. All Reimbursable Expenses pursuant to this Article, in excess of $500, must be
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authorized in advance in writing by the Project Coordinator. Invoices or vouchers for
Reimbursable Expenses shall be submitted by the Consultant to the City, along with
supporting receipts, and other back-up material reasonably requested by the City, and
Consultant shall certify as to each such invoice that the amounts and items claimed as
reimbursable are "true and correct and in accordance with the Agreement".
6.2 Expenses subject to reimbursement in accordance with the above procedures may
include the following:
6.2.1 The cost of testing or investigation of underground utilities, if authorized
by the City Project Coordinator.
6.2.2 Expense of reproduction, postage and handling of drawings,
specifications and other documents, excluding reproductions for the office use of
the Consultant and sub-consultants. Courier and postage between the Consultant
and its sub-consultants are not reimbursable.
6.2.3 Expenses for reproduction and the preparation of graphics for
community workshops.
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee listed
in Schedules "B" and "B-1" for Basic Services, based on the "Hourly Rate Schedule"
presented in Schedule "C". Payments for Basic Services shall be made within forty-five
(45) calendar days of receipt and approval of an acceptable invoice by the City Project
Coordinator. Payments shall be made in proportion to the Services satisfactorily
performed in each Phase so that the payments for Basic Services for each Phase shall not
exceed the progress percentage noted in the Consultant's Progress Schedule, submitted
with each invoice. No markup shall be allowed on subcontracted Basic Services.
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The City and the Consultant agree that the Consultant's fee will be $89,831 for the
Design and Bid/Award Services, as detailed in Schedule "B", and $149,509 for the
Construction Administration Services, as detailed in Schedule "B-1"which was approved
by the City Commission on March 18, 2009 for the provision of the services described in
the Schedules "A" and "A-1" Scope of Services.
7.2 Additional Services authorized in accord with Article 5 will be compensated using
the hourly rates forth in Schedule "C". Request for payment of Additional Services shall
be included with the monthly Basic Services payment request noted in Article 7.1 above.
All Additional Services must be approved by the Project Coordinator, in writing, prior to
commencement of same, as noted in Article 5. Under no circumstances shall the "Not to
Exceed" amount noted in Schedules "B" and "B-1" be exceeded without prior written
approval from the City 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 Schedules "B" and "B-1". Request for payment of
Reimbursable Expenses shall be included with the monthly Basic Services payment
request noted in Article 7. Supporting documentation and materials shall be submitted
with all reimbursable requests. No markup or administrative charges shall be allowed on
Reimbursable Expenses.
7.4 The City and the Consultant agree that:
7.4.1 If the scope of the Project or the Consultant's Services is changed
substantially and materially, the amount of compensation may be equitably
adjusted by mutual agreement of the parties
7.4.2 Commencing on October 1, 2009, 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
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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 Reimbursable Expenses by category. Where written approval of the City is
required for Reimbursable Expenses, a copy of said approval shall accompany the billing
for such Reimbursable. When requested, Consultant shall provide supporting
documentation and materials for past and current invoices that identifies the hours for all
Services by employee category and reimbursable by category.
7.7 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
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entries. All books and records which are considered public records pursuant to Chapter
119 of the Florida Statutes, shall be kept by Consultant in accordance with such statutes.
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
9.1 Electronic files of all documents, including, but not limited to, tracings, drawings,
estimates, specifications, investigations and studies completed or partially completed,
shall become the property of the City upon completion, termination, or abandonment of
the Project. Consultant shall deliver the above documents to the City within thirty (30)
days of completion of the Project, or termination of this Agreement, or termination or
abandonment of the Project. (Reference attached Schedules "A" and "A-1", 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 compensation to the
Consultant, or liability to the City and Consultant.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination For Lack Of Funds. The City is a governmental entity and is
subject to the appropriation of funds by its legislative body in an amount sufficient to
allow continuation of its performance in accordance with the terms and conditions of this
Agreement. In the event there is a lack of adequate funding for the Project, the Project
maybe abandoned or terminated, and the City may cancel this Agreement as provided for
herein without further liability to the City.
10.2 Termination For Cause. The City may terminate this Agreement for cause in
the event that the Consultant, (1) violates any provisions of this Agreement or performs
same in bad faith; or (2) unreasonably delays the performance of the Services or does not
perform the Services in a timely and satisfactory manner, upon written notice to the
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Bid Package 8E: Sunset islands 1 & 2
Consultant. In the case of termination by the City for cause, the Consultant shall be first
granted a thirty (30) day cure period after receipt of written notice from the City.
10.2.1 In the event this Agreement is terminated by the City for cause, the City
at its sole option and discretion, may take over the Services and complete them by
contracting with another consultant(s) or by whatever means determined by the
City. 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
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 for (1) 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
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Bid Package 8E: Sunset islands 1 & 2
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.
10.5 Implementation Of Termination. In the event of termination, either for cause or
for convenience, the Consultant, upon receipt of the Notice of Termination shall (1) stop
the performance of Services under this Agreement on the date and to the extent specified
in the Notice of Termination; (2) place no further orders or subcontracts except for any
that may be authorized, in writing, by the Project Coordinator, prior to their occurrence;
(3) terminate all orders and subcontracts to the extent that they relate to the performance
of the Services terminated by the Notice of Termination; (4) promptly assemble and
submit, as provided herein, all documents for the Services performed, including
drawings, calculations, specifications, correspondence, and all other relevant materials
affected by the termination; and (5) complete performance of any Services as shall not
have been terminated by the Notice Of Termination, and as specifically set forth therein.
10.6 Non Solicitation. The Consultant warrants that it has not employed or retained
any company or person, other than an employee working solely for the Consultant, to
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Bid Package 8E: Sunset islands 1 & 2
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 City for any reason whatsoever.
ARTICLE 1 L 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 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 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 Project Coordinator.
11.3 The insurance must be furnished by an insurance company rated B+:VI or better,
or its equivalent, according to Bests' Guide Rating Book and must additionally be
furnished by insurance companies duly authorized to do business in the State of Florida
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Bid Package 8E: Sunset islands 1 & 2
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
Consultant herein agrees to indemnify and hold harmless the City, and its officer and
employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Consultant and other persons employed or utilized
by the Consultant in the performance of the Agreement. This Article 12, and
Consultant's indemnification contained herein, shall survive the termination and
expiration of the Agreement.
ARTICLE 13. VENUE
13.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein. Exclusive venue for the enforcement of same shall lie in
Miami-Dade County, Florida.
This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
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Bid Package 8E: Sunset islands 1 & 2
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
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. The Consultant acknowledges that
Article 10.3, if asserted and exercised by the City, shall not entitle the Consultant to
compensation for the amount of the fees for services agreed upon within the Agreement,
and shall solely be controlled by the terms set forth in Article 10.3 of the Agreement.
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, except as set forth in Article 10.3, 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.
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Bid Package 8E: Sunset islands 1 & 2
15.2 Equal Opportunit~ployment 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.
15.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act
(Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has
been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the City, may not
submit a bid on a contract with the City for the construction or repair of a public building
or public work, may not bid or lease 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 of the 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 of this Agreement, and may
result in Consultants debarment.
15.4 No Contingent Fee: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement and that it has not-paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee working solely
for Consultant any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision, City shall have the right to terminate the Agreement without
liability at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
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Bid Package 8E: Sunset islands 1 & 2
15.5 The Consultant represents that it has made and will make reasonable
investigation of all subconsultants to be utilized in the performance of work under this
Agreement to determine that they possess the skill, knowledge and experience necessary
to enable them to perform the services required. Nothing in this Agreement shall relieve
the Consultant of its prime and sole responsibility for the performance of the work under
this Agreement.
15.6 The Consultant, its consultants, agents and employees and sub contractors, shall
comply with all applicable Federal, State and County laws, the Charter, related laws and
ordinances of the City of Miami Beach, and with all applicable rules and regulations
promulgated by local, state and national boards, bureaus and agencies as they relate to
this Project.
15.7 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered by Consultant, under any circumstances, without the prior written
consent of City.
15.8 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein;
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
ARTICLE 16. NOTICE
16.1 All written notices given to City by Consultant shall be addressed to:
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Bid Package 8E: Sunset islands 1 & 2
City Manager's Office
c/o Assistant City Manager Tim Hemstreet
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Fred Beckmann, P.E.
Acting Capital Improvement Projects Director
Capital Improvement Project Office
City of Miami Beach
1701 Meridian Avenue, Suite 301
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
Ben Chen, P.E.
Chen and Associates Consulting Engineers, Inc
5100 NW 33 Avenue
Suite 250
Fort Lauderdale, Florida 33309
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
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Bid Package 8E: Sunset islands 1 & 2
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their
respective witnesses and City Clerk on the day and year first hereinabove written.
Attest
CITY OF MIAMI BEACH
~ C~-~.,
CITY CLERK MAYOR
CONSULTANT
Attest CHEN AND ASSOCIATES
CONSULTING ENGINEERS, INC.
pk't~lz 1MVb~r~ +F/z~/s~_
7-~
Print Name
APPROVED AS TO
FORM & LANGUAGE
~ F EXECUTION
Z2- D `~
Attorney ~ Da e
33
SCHEDULE A
CITY OF MIAMI BEACH, FLORIDA
SUNSET ISLANDS I & II
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM
SCOPE OF AIE CONSULTANT SERVICES
CONSULTANT: Chen and Associates Consulting Ens~ineers, Inc. (the "CONSULTANT")
BACKGROUND
The scope of services for this project is limited to the Sunset islands I & II Neighborhood Right-
of-Way Improvement (the "Project"). The Project shall be implemented using the Capital
Improvement Projects (CIP) Office standard Planned Progress Initiative model for Right-of-Way
projects and is funded by Pay-As-You-Go Fund, Gulf Breeze 2006 Bond, and Proposed Future
Stormwater Bond.
The Project provides for stormwater management and potable water distribution system
upgrades as well as restoration of the neighborhood's hardscape, and streetscape consistent
with the Bayshore Neighborhood Basis of Design Report (BODR), the City's Water and
Stormwater Master Plans, all applicable jurisdictional regulatory requirements, and community
preferences to be consistent with the City Commission December 17, 2008 RFQ approval.
Sanitary sewer upgrades are not anticipated as part of the Project.
Previously, another Consultant performed a variety of forensic and community planning tasks
culminating in the creation of the Bayshore BODR, which was approved by the City of Miami
Beach Commission. This BODR served as the definitive Master Plan for the Project. The
Consultant subsequently designed the Project and produced 100% design documents .(Existing
Plans) for Bid Package 8B: Bayshore -Lower North Bay Road and Sunset Islands I & II.
The BODR anticipated and the Existing Plans provided only spot drainage improvements on
Sunset Islands 1 & II and, in response to the desire of the residents, did not attempt to reclaim
privatized swales. However, the City has determined that it is in its best interest to attempt to
design a stormwater system that will accommodate a 5-year 1-day storm event.
The CONSULTANT should design improvements to treat and dispose of the stormwater from a
5-year 1-day storm to the extent possible without disturbing existing swales. It is anticipated that
Page 1 of 18
these improvements would include additional stormwater inlets at intersections, additional
piping, and valley gutters. The water system, hardscaping, and landscaping need only be
redesigned to the extent that is needed due to the new stormwater and water system.
CONSULTANT shall consider the attached Exhibit C - HOA Conceptual Plan, together with the
related RFQ, as a reference in developing the construction documents.ln addition, water main
replacements and associated fire hydrants shall be implemented in accordance with the CITY's
Water Master Plan.
The CITY has contracted the services of Hazen and Sawyer, P.C. to function as PROGRAM
MANAGER (PROGRAM MANAGER), and act as the CITY's agent with regard to all aspects of
this scope of services. Hence, the PROGRAM MANAGER will serve as the focal point of
contact with the Architectural /Engineering firm (the CONSULTANT). However, the CITY will
retain contractual agreement responsibilities with the CONSULTANT.
Please note that due to the large number of projects that will be ongoing coincidentally during
the Program, the CITY and PROGRAM MANAGER have developed a Program Work Plan
(PWP) detailing procedures and policies for the overall ROW Program. This PWP dictates the
respective responsibilities and levels of authority for all program team members. Organizational
structure flowcharts and team member duties are included to establish a working understanding
regarding reporting and communication relationships on the Program. The PWP includes a
listing of design and construction phase deliverables from the various A/Es and Contractors,
along with proposed CITY and PROGRAM MANAGER duties during the planning, design, bid,
award and construction phases of the Program. One copy of the PWP will be given to the
CONSULTANT, who agrees to comply with procedures set forth therein.
Page 2 of 78
SCOPE OF SERVICES
The purpose of the Sunset Islands I & II ROW Improvement Project is to provide for the
restoration and enhancement of streetscapes and infrastructure, consistent with existing
available data, qualified decisions of applicable CITY Departments and community preferences.
The proposed project shall include potable water, and storm drainage infrastructure upgrades,
streetscape work with restoration and enhancement of the neighborhood's roadway, potable
water, and storm drainage infrastructure as needed. At this point, sanitary sewer upgrades are
not anticipated as part of the Project.
Improvements may include restoration and enhancement to the function and aesthetics of the
following:
• Upgrading the stormwater drainage collection and disposal system to handle a 5-
year 1-day storm event. This effort shall include all modeling efforts necessary to
verify compliance with noted model requirements, and as may be required by the
PWD and jurisdictional agencies to achieve a permutable design;
• Replacement of existing water mains to meet City Water Master Plan
recommendations. This effort includes pipe and fire hydrant replacement designs
and requisite jurisdictional permit procurement. However, hydraulic modeling
efforts in support of permit applications will be provided by the PWD;
• Street reconstruction and resurtacing with 2" new asphalt (2 lifts) and new
pavement markings;
• Valley gutter curb upgrades; and
The work effort shall require that all existing and proposed aboveground improvements be
coordinated with existing and proposed below underground infrastructure improvements, which
may include the following tasks:
• Upgrading the drainage collection system;
• Replacement of water mains, not including sanitary sewer lines; and
• Coordination with other entities, including but not limited to, Florida Power and
Light Company, BellSouth, Atlantic Broadband, and others as may exist within
Page 3 of 18
the public right of way.
Underground water, sewer and drainage infrastructure improvements are generally identified in:
the City of Miami Beach Comprehensive Stormwater Management Program Master Plan,
(March 1997), the City of Miami Beach Water System Master Plan, (November, 1994), and the
Citywide Sanitary Sewer Infiltration and Inflow Mitigation Program, and in subsequent
amendments to the plans and decisions of the City's Public Works Department.
Total estimated construction costs budgeted for this Bid Package approximates $3,500,000,
without a construction change order contingency that is to be held in reserve by the CITY for
construction phase usage. Hence, the CONSULTANT shall be tasked with planning and
designing a project to a total target construction budget of $3,500,000. This target construction
budget is funded by Pay-As-You-Go Fund, Gulf Breeze 2006 Bond, and Proposed Future
Stormwater Bond.
Note that a separate Notice to Proceed is required from the CITY prior to the commencement of
work on any Task.
BASIS OF SCOPE
• Revisions/Addendums to the BODR are not included;
• Pedestrian-scale street lighting is not included;
• It is assumed that the roadway will not be widened;
• Traffic studies are not included in the scope;
• The City shall provide video inspections of existing outfalls. As directed by the CITY,
repairs to the existing outfalls to be made as needed and new outfalls to be installed to
the extent practical within existing budget.
• Provide enhanced landscaping, development of additional; areas for planting
opportunities, and new /enhanced irrigation services are not included;
• A detailed tabulation of all encroachments (hardscape and softscape) within the public
right-of-way in the project area is not included; and
• Environmental Assessment Report, including Sea grass survey efforts, is not part of the
scope.
TASK 1 -PLANNING SERVICES
Previously completed services. Not part of the scope.
Page 4 of 18
TASK 2 -DESIGN SERVICES
The purpose of this Task is to establish requirements for the preparation of contract documents
for the Project.
Note that Task 2.1 requires that the CONSULTANT perform a variety of forensic tasks to verify,
to the extent practicable, existing conditions and the accuracy of base maps to be used for
development of the contract drawings. Task 2.2 discusses requirements for the preparation of
contract documents, inclusive of drawings, specifications and front-end documents.
Task 2.3 establishes requirements with regard to constructability reviews. Task 2.4 establishes
requirements for the preparation of opinions of total probable cost by the CONSULTANT. Task
2.7 specifies requirements for review of contract documents with jurisdictional permitting
agencies prior to finalization. To facilitate the implementation of a Public Information Program,
the CONSULTANT shall provide electronic files of all project documents, as requested by the
CITY and/or PROGRAM MANAGER for posting on the program website. The CONSULTANT
shall provide the electronic files for the front-end documents, technical specifications, and
construction drawings in MS-Word, AutoCAD and Adobe Acrobat file format.
Due to the large number of projects that will be ongoing coincidentally during the Program, the
CITY and PROGRAM MANAGER have developed a Design Standards Manual (DSM) detailing
procedures, standards and policies regarding design of all Program projects. One copy of the
DSM will be provided to the CONSULTANT, who agrees to comply with all procedures set forth
therein.
In addition, please note that the CONSULTANT shall submit monthly invoice requests for its
services, accompanied by a design progress schedule update form as provided by the
PROGRAM MANAGER. Invoices shall be prepared in a format as provided by the CITY,
through the PROGRAM MANAGER. As a part of this effort, the CONSULTANT shall update and
submit the schedule update form. Should the PROGRAM MANAGER determine that the
CONSULTANT has fallen behind schedule; the CONSULTANT shall provide a recovery
schedule that shall accelerate work to get back on schedule.
Task 2.1 - Uadate Exfstins~ Base Sheets: The CONSULTANT shall verify /update the
information presented as existing conditions in the Existing Plans to the extent necessary to
ensure that the proposed improvements do not negatively impact existing /proposed facilities.
Page 5 of 18
To this end, CONSULTANT should verify that: rim and grate elevations match surrounding
grades; landscaping does not conflict with existing improvements; coordinate with CMBPW &
review video inspection of existing outfalls; recent improvements are properly identified,
protected and coordinated with proposed work; and proposed improvements are not in conflict
with existing conditions and proposed improvements.
Deliverables: -Perform forensic work as noted to update base sheets.
Schedule: -Within 30 working days after Task 2 -Design Phase
Notice to Proceed.
Task 2.2 -Detailed Desis~n: The CONSULTANT shall prepare all contract documents in
compliance with DSM standards.
Technical specifications shall be prepared in conformance with Construction Specifications
Institute (CSI) formats. The PROGRAM MANAGER, through the DSM, shall furnish the
CONSULTANT with standard CITY specification outlines for Divisions 1, 2, 3 and 16 as noted in
the DSM. In addition, for reference purposes, the City has provided copies of its standard Job
Order Contract (JOC) specifications via the DSM. The CONSULTANT shall refrain from
referencing or amending FDOT, or other reference standard specifications, for inclusion in the
detail design documents. The CONSULTANT shall provide additional sections that the
CONSULTANT may require, not already provided through the CITY standards /DSM, subject to
review and comment by the CITY and/or PROGRAM MANAGER. Any supplier listings required
by specifications shall include a minimum of two named suppliers and shall meet all applicable
CITY and State of Florida procurement codes. Specffications shall be provided to the
CONSULTANT in "Microsoft MS-Word" format. In addition, the CONSULTANT shall use the
same software in all project related work. In addition, the CONSULTANT shall utilize base front-
end documents provided by the CITY. The CONSULTANT shall edit accordingly to result in a
project specific document. Any requirements for Supplementary General Conditions shall be
subject to review and acceptance by the CITY.
The CONSULTANT shall attend monthly Design Progress Meetings with CITY and PROGRAM
MANAGER staff, the selected HOA Representative and the HOA Engineer at the CIP office as
scheduled by CITY staff.
For purposes of this Scope of Services, the following will be considered the minimum effort to
be provided by the CONSULTANT for establishing detail design milestone submittals. Note that
Page 6 of 18
CITY review procedures, and CONSULTANT responsibilities associated with such, are
discussed under Task 2.3:
^ The 50% design completion stage milestone shall consist of plan and profile
views of all proposed funded improvements, with all applicable sections and
construction details at a scale of 1-inch equals 20 feet. Note that the
corresponding profile for each plan view shall be included on the same sheet as
the plan view. Separate Plan and Profile sheets will not be acceptable. In
addition, a small scale key map will be provided on each sheet to allow the
reviewer the ability to readily identify the location of the sheet within the Project
area. Prior to the preparation of the 50% design completion stage drawings, the
CONSULTANT shall incorporate changes to its design based upon its
underground utility verification efforts and review comments received. In addition,
the CONSULTANT shall include draft technical specifications and a draft
schedule of prices bid (bid form) identifying the items to be bid by the prospective
contractors with the submittal. Also, this submittal shall include the
CONSULTANTs "Budget" level opinion of probable cost as defined by the
American Association of Cost Engineers to be consistent with the overall NTE
project budget.
^ The 90% design completion stage milestone shall consist of a near final
construction document set including the front-end documents (general and
supplemental conditions), technical specifications and construction drawings for
all work proposed to be completed. The CONSULTANT shall include detailed
construction sequencing restrictions for the PROGRAM MANAGER's review with
this submittal. Prior to the preparation of the 90% design completion stage
drawings, the CONSULTANT shall incorporate changes to its design based upon
review comments received. In addition, the CONSULTANT shall provide its
"Definitive" level opinion of probable cost as defined by the American Association
of Cost Engineers with this submittal to be consistent with the overall NTE project
budget.
^ The 100% design completion stage milestone shall consist of the 90%
documents updated to include alt constructability and design review comments
as may be provided by the CITY, PROGRAM MANAGER and/or jurisdictional
Pegs 7 of 18
review agency. This set of documents will be used by the CONSULTANT to
implement City of Miami Beach Building Department Permitting Reviews as
noted in the PWP.
Deliverables: -Furnish six (6} sets each of the 50, 90 and 100 percent design
completion stage documents to PROGRAM MANAGER, as
applicable (three full size and three half size for each
submittal). Copies to HOA Representative and HOA Engineer
to be furnished by the CIP office.
- Attend design progress meetings with CITY and
PROGRAM MANAGER staff, HOA Representative and HOA
Engineer at the CIP office as scheduled by the CITY.
Schedule: -Complete 50 percent document submittal within 90 working
days after the Task 2 -Design Phase Notice to Proceed.
- Complete 90 percent document submittal within 30 working
days after receiving review comments from various City
Departments on 50% submittal and completion of CDRM.
Permit submittal to applicable regulatory agencies will
commence upon completion of 90 percent documents.
- Complete 100 percent document submittal within 10 working
days after Receipt of all comments from Regulatory Agencies.
Task 2.3 - Desis~n / Constructability Rsview: To verify that the CONSULTANT is in
compliance with DSM and PWP requirements, the CITY will conduct a series of design
submittal reviews on all design project documents, inclusive of cost estimates at the 50
completion stage submittal. Note that the 100% design completion stage submittal will be used
by the CONSULTANT to permit the project through all internal CITY reviews as noted in the
PWP.
The purpose of these reviews shall be to verify that the documents are consistent with the
design intent. These documents shall be furnished as bound 8-1/2-inch by 11-inch technical
specifications and full-size (22-inch by 34-inch) and half size (11-inch by 17-inch) drawings as
noted in the Task 2.3 deliverables. The PROGRAM MANAGER and applicable CITY
Page 8 of 18
Departments shall perform reviews on these documents and provide written comments (in
"Excel" spreadsheet format) back to the CONSULTANT.
Following receipt of comments by the CONSULTANT, a meeting may be scheduled between
the CITY, the CONSULTANT and PROGRAM MANAGER, to discuss the intent and review of
the comments. Subsequently, the CONSULTANT shall address how each comment was
resolved, to the PROGRAM MANAGER, within 10 working days after the review session and/or
receipt of the comments. The responses shall be in the spreadsheet format provided to the
CONSULTANT. In addition, the CONSULTANT shall revise its documents to address all review
comments accordingly, to the satisfaction of the CITY.
In addition, the PROGRAM MANAGER, HOA Representative and HOA Engineer will perform
constructability reviews of the design documents relative to value, construction sequencing and
bid format. These reviews shall be based upon 50 and 90 percent design submittals received
from the CONSULTANT and shall be conducted concurrently but separately from the 50 and 90
percent design reviews noted above. These constructability review meetings shall be held with
the CONSULTANT and the CITYIHOA representatives to discuss the CONSULTANT's
proposed construction sequencing restrictions, and bid formats, and shall be performed by the
PROGRAM MANAGER.
The CONSULTANT shall note that the CITY's /PROGRAM MANAGER's / HOA's review of the
contract documents does not relieve the CONSULTANT from its responsibility to the CITY with
regard to the quality and completeness of its contract documents.
Deliverables: - Attend meetings with the CITY and PROGRAM
MANAGER staff to review and discuss design
constructability and value comments.
- Prepare written responses to comments made during
reviews.
Schedule: - Complete concurrently with Design Phase schedule.
Task 2.4 -Cost Opinions: The CONSULTANT shall prepare opinions of probable construction
costs for the 50 and 90% design completion stage submittals, as well as the final (100 percent)
completion stage submittal. The accuracy of the cost estimate associated with the 50 percent
completion stage shall be +30% to -15% (i.e. 30% over / 15% under the actual amount)
Page 9 of 18
"Budget" Level as defined by the American Association of Cost Engineers. The accuracy of the
cost estimate associated with the 90 and 100 percent completion stage submittals shall be a
+15% to -5% (i.e. 15% over / 5% under the actual amount) °Definitive" Level Estimates as
defined by the American Association of Cost Engineers. All estimates shall be submitted in
Microsoft "Excel" format in accordance with the template supplied by the PROGRAM
MANAGER. All estimates shalt be furnished bound in 8-1/2-inch by 11-inch size. Based upon
the CONSULTANT's cost estimate or bids, the CITY will advise the CONSULTANT if portions of
the project need to be deleted, phased and/or bid as alternate bid items to satisfy existing fiscal
constraints (based upon CONSULTANT's analysis and recommendations). In this effort, the
CONSULTANT may be required to attend a series of meetings and develop alternative cost
savings options for CITY consideration, if the estimates show that the projected project cost will
exceed the target budget. The CONSULTANT shall revise the contract documents to reflect
necessary revisions to meet budget parameters at no additional cost accordingly.
Deliverables: -Furnish six (6) sets of 50, 90 and 100 percent completion
stage cost estimates to PROGRAM MANAGER
concurrently with the design submittals noted in Task 2.3.
- Attend meetings with the CITY and PROGRAM
MANAGER staff to review and discuss cost estimates. This
Task includes development of any required cost savings
alternatives, and implementation /revision of documents to
address such items, as necessary to meet established
budget parameters.
Schedule: -Complete concurrently with Design Phase schedule.
Task 2.5 -Community Design Review Meetings
The CONSULTANT shall attend and participate in one (1) Community Design Review Meeting
(CDRM) to review the design progress and concept during the design. The CITY will schedule,
find locations for, and notify residents of all such meetings. The CONSULTANT shall prepare
draft meeting minutes and forward them to the PROGRAM MANAGER, who shall review,
provide comments and distribute, accordingly. The CONSULTANT shall prepare for, attend and
present its documents at one (1) CDRM. Meeting shall be scheduled at the 50% design
completion stage. Note that presentation format shall consist of a brief Power Point presentation
Page 10 of 18
to review Project status, highlights, funding, schedules, plus review of full size plans for the
project. The CONSULTANT shall provide sufficient staff at the meeting to address concerns by
residents at multiple plan stations. It is anticipated that the CONSULTANT will attend Pre-
CDRM meetings with CITY and PROGRAM MANAGER staffs to review the proposed format of
the presentation for each planned CDRM.
Task 2.6 -Document Revisions: Based upon the input provided by the residents at the
CDRM, the CONSULTANT shall incorporate necessary contract document revisions, as
approved by the CITY.
Task 2.7 - Permittinsr Reviews: The CONSULTANT shall prepare applications and such
documents and design data as may be required to procure approvals from all such
govemmental authorities that have jurisdiction over the Project. The CITY will pay all permit
fees. The CONSULTANT shall participate in meetings, submissions, resubmissions and
negotiations with such authorities. The CONSULTANT shall respond to comments by such
authorities within ten (10) working days of receipt of comments unless a different time is agreed
to by PROGRAM MANAGER. It is the intent of this scope of services that the CONSULTANT be
the responsible party for formally transmitting and receiving permits to and from the respective
jurisdictional authorities. However, since the PROGRAM MANAGER is to track and monitor
progress on the preparation and review of permits and subsequent requests for information, the
CONSULTANT shall copy the PROGRAM MANAGER on all permit related correspondence.
This includes CONSULTANT generated minutes from meetings held with related parties. The
PROGRAM MANAGER will forward copies of such documents to the CITY as appropriate. It is
recognized by CITY that the time period required for obtaining permits is beyond the control of
the CONSULTANT, except with regard to issues concerning the permutability of the proposed
design and the CONSULTANT's ability to respond to permitting agency requests for information
in a timely manner. At the time of scope preparation, the following govemmental authorities that
have or may have jurisdiction over Project have been ident~ed:
^ Florida Department of Environmental Protection
^ South Florida Water Management District
^ Miami-Dade Department of Public Works
^ Miami-Dade Department of Health and Rehabilitative Services
Page 11 of 18
^ Miami-Dade Department of Environmental Resource Management
^ The City of Miami Beach Fire Department
• The City of Miami Beach Planning Department
^ The City of Miami Beach Public Works Department
Note that the CITY's failure to identify governmental authorities that have jurisdiction over
Project at this time does not relieve the CONSULTANT from the responsibility to procure all
requisite permits. However, an equitable adjustment to the CONSULTANT's compensation may
be negotiated if deemed appropriate by the CITY.
Deliverables: - Correspond with noted jurisdictional authorities to
establish permitting requirements.
- Revise documents and respond to permitting inquiries
as required.
- Attend meetings with the HOA Representative, CITY,
PROGRAM MANAGER and/or permitting agency staff
as required to review, discuss and finalize permit
procurement
Schedule: - Complete concurrently with Design Phase schedule.
Task 2 8 -The CONSULTANTs GIAIQC of Desis~n Documents: The CONSULTANT shall
establish and maintain an in-house Quality Assurance !Quality Control (QA/QC) program
designed to ver'rfy and ensure the quality, clarity, completeness, constructability and biddability
of its contract documents. The CITY and/or PROGRAM MANAGER, at its discretion may
require that the CONSULTANT attend meetings to review the status and present results of its
QA/QC efforts. Items to be addressed may include, but shall not be limited to, review of
specifications by respective technical experts and a °Redi-check type review of the documents
to identify conflicts and inconsistencies between the various project disciplines.
TASK 3 -BIDDING AND AWARD SERVICES
Pegs 12 of 18
The CONSULTANT shall assist City in bidding and award of the contract. Such assistance shall
include facilitating reviews of its contract documents with applicable Procurement, Risk
Management, and Legal Department representatives. In addition, the CONSULTANT shall
furnish camera ready contract documents for reproduction and distribution by the City, attend
pre-bid conferences, assist with the preparation of necessary addenda, attend the bid opening,
and assist with the bid evaluation and recommendation of award by the City. The
CONSULTANT shall provide "As-Bid" documents for use during construction.
Task 3.1 -Construction Contract Document Review: The CONSULTANT shall assist the
CITY in bidding and award of each construction contract. The PROGRAM MANAGER, through
the CITY, shall transmit contract documents prepared by the CONSULTANT to the CITY's Risk
Management, Legal and Procurement Departments for verification of appropriate insurance,
form and bonding requirements. The CONSULTANT shall assist PROGRAM MANAGER in this
effort by providing (1) one electronic copy of the complete Contract Document set (drawings and
specifications) and participating in meetings, submissions, resubmissions and discussions with
these departments, as necessary. The CONSULTANT shall address and re-submit corrections
to any CITY comments within ten calendar days of receipt of comments unless a different time
schedule is agreed to by the PROGRAM MANAGER. The CONSULTANT's compensation has
been based upon one meeting with these departments.
Task 3.2 -Bid Document Delivery: The CONSULTANT shall provide the PROGRAM
MANAGER with reproducible, camera ready, sets of contract documents for each bid package.
The CITY Procurement Department shall reproduce documents and handle the advertising,
distribution, sale, maintenance of plan holder lists and other aspects of bid document delivery to
prospective Bidders.
Task 3.3 -Pre-Bid Conference and Bid Oaenina: The PROGRAM MANAGER will conduct (1)
one pre-bid conference. The CONSULTANT shall attend and participate in the pre-bid
conference and bid opening as may be required.
Task 3.4 -Addenda Issuance: The CONSULTANT shall provide, through the PROGRAM
MANAGER, timely responses to all inquiries received by the CITY from prospective bidders.
These responses shall be prepared as written addenda, with the format for such addenda as
provided to the CONSULTANT by PROGRAM MANAGER. These queries and responses shall
be documented and a record of each shall be transmitted to the PROGRAM MANAGER on a
Pape 13 of 18
same day basis. The CONSULTANT shall prepare necessary addenda as requested by
PROGRAM MANAGER. The CITY will distribute addenda to all plan holders of record
accordingly.
Task 3.5 -Bid Evaluation: Within five calendar days of receipt of bids, the CITY will forward
Bids to the CONSULTANT, who in tum shall evaluate bids for completeness, full
responsiveness and price, including alternative prices and unit prices, and shall make a formal
written recommendation to the CITY regarding the award of the contract. Non-technical bid
requirements shall be evaluated by others.
This scope of services includes no allowance for the CONSULTANTs time to assist the CITY in
the event of a bid protest. To the proportionate extent the CONSULTANT's services are
required in the event of a bid protest, due to a direct action or lack thereof by the
CONSULTANT, the CONSULTANT shall participate in such activities at no additional cost to the
CITY.
Task 3.6 -Contrast Award: The CONSULTANT shall provide eight (8) sets of Construction
Contract Documents, inclusive of Addenda, for execution by the CITY and the successful bidder
within five calendar days of request by the CITY.
Task 3.7 - As- Bid Contract Documents: After contract award and prior to the preconstruction
conference, the CONSULTANT shall prepare As-Bid construction contract documents, which
incorporate the following items into the construction contract documents:
^ Contractor's bid submittals, including but not limited to, bid proposal, insurance,
licenses, etc.
^ Amend J 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.
The CONSULTANT shall prepare As-Bid construction contract documents and reproduce ten
(10) sets for distribution to PROGRAM MANAGER within ten (10) calendar days after City
Commission approval /contract execution.
Page 14 of 18
The following apply to Task 3.1 through 3.7:
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
Provide eight (8) sets of contract documents for contract execution
- Prepare As-Bid contract documents and reproduce ten (10) sets and
forward to PROGRAM MANAGER.
Schedule: -Upon receipt of Task 3 Bidding and Award Services Notice to Proceed
and within 100 working days
Page J 5 of 18
TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES
Task to be negotiated at a later date.
TASK 5 -ADDITIONAL SERVICES
Not required at this time.
TASK 6 - REIMBURSABLES
Task 6.1 -Reproduction Services: The CONSULTANT shall be reimbursed at the usual and
customary rate for reproduction of reports, contract documents and miscellaneous items, as
may be requested by the CITY. Unused amounts in this allowance shall be credited back to the
CITY at the completion of the project.
Task 6.2 -Travel and Subsistence:
Not required at this time.
Task 6.3 - Survevins~: As needed, the CONSULTANT shall arrange for and coordinate the
efforts of licensed surveyors to update the topographical survey of all CITY public rights-of--way
within the project limits to meet the intent of the approved project Scope. This effort shall assist
with the requirements set forth in Task 2.1.
Task 6.4 - Geotechnical Evaluation:
Not required.
Task 6.5 - Unders~round Utility Verification: The CONSULTANT shall contract the services of
an underground utility location service to perform additional vacuum extraction excavations, in
an effort to better identify existing underground conditions where work is to be performed.
Actual locations shall be as directed by the CONSULTANT, subject to CITY review and
acceptance. Costs shall be limited to a $3,500 not-to-exceed amount. Unused amounts shall
be credited back to the CITY at the completion of the project.
Pape 18 off 8
Minimum Design Features to Be Shown On Drawings
The CONSULTANT shall note that the following criteria indicate the minimum design standards
to be shown on drawings. The CONSULTANT is encouraged to review and recommend
changes as it deems necessary, subject to the review and acceptance of the CITY and the
PROGRAM MANAGER.
Paving, Grading and Drainage Plans
^ Show existing grade /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-ft 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
^ Idenfify linear footage of pipe, pipe invert elevation, diameter and material
^ Proposed flow drainage /directional arrows
• Stormwater collection pipe profiles oriented on the same sheet as the plan view
Paving, Grading and Drainage Details
^ Show proposed cross sections with topographical information at key locations
^ Identify the following minimum information on cross sections:
- Existing utilities
- Proposed road slope, lane width, sidewalk width and surface features within
the right-of--way
- Road construction details for the sub-base and base and asphalt ,
- Proposed utility locations
• Conflict manhole detail
^ Manhole details
^ Driveway replacement section
^ Catch basin details
^ Drainage pipe trench detail
^ Restoration Details -All pipes
- Roadway
- Sidewalk, where applicable
Pegs 17 of 18
- Curb and gutter, where applicable
Water Distribution Plans
General
^ Identify existing utilities
^ Identify trees /landscaping to remain in place
^ Provide profiles oriented on the same page as the plan view
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
^ 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, Not in Scope
- Horizontal directional drilling, Not in Scope
- Subaqueous crossing, Not in Scope
- Aerial crossing, Not in Scope
- Culvert crossing
T:WGENDA~2009\March 181Regular\Sunset {stands 111-Schad. Al Soope for Design Btdding Services Chen 090310 (2).doc
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SCHEDULE A.1
CITY OF MIAMI BEACH, FLORIDA
SUNSET ISLANDS 1 8~ II
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM
CONSTRUCTION ADMINISTRATION SERVICES
SCOPE OF SERVICES
CONSULTANT: Chen and Associates Consulting Enstineers. Inc. (the "CONSULTANT"l
TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES
The CONSULTANT shall perform the following tasks related to the construction administration of
the Project(s). These tasks shall be performed during the duration of all construction. Due to the
extensive amount of detailed procedures required to properly manage construction projects, the
PROGRAM MANAGER has developed a Construction Management Manual (CMM) for the
construction phase of the Infrastructure Improvement Program. This CMM augments the general
program guidelines established in the Project Work Plan (PWP), as provided to the
CONSULTANT by the PROGRAM MANAGER at the commencement of the Project, and provides
uniform procedures and guidelines for managing the interface between the CITY, Contractor,
PROGRAM MANAGER and CONSULTANT staffs.
it is anticipated that the construction timeframe for Sunset Islands I & II will be approximately 14
months. The CONSULTANT's compensation is based upon the administration of this
construction duration. Every reasonable effort will be made to stage as many areas as allowed at
one time by the HOA.
Task 4.1-Pre-Construction Conferences: The CONSULTANT shall attend one pre-construction
conference. The PROGRAM MANAGER will prepare and distribute meeting minutes to all attendees
and other appropriate parties. At this meeting, it is anticipated that the PROGRAM MANAGER will
issue a Limited Notice to Proceed. A final Notice to Proceed shall be issued upon receipt of a final
schedule and procurement of all applicable construction permits from the Contractor.
Deliverables -Attend and participate in one pre-construction conference.
Schedule - As scheduled by PROGRAM MANAGER after receipt of Task 4 Notice to Proceed.
Task 4.1 B: Pre-Construction Conference with Residents: CONSULTANT shall prepare, attend
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and conduct apre-construction conference with the residents. The purpose of these meetings shall
be to introduce the Consultant and Contractor to the residents, as well as have the CONSULTANT
present an overview of anticipated construction sequencing, conditions to be expected, and other
issues that maybe of concern to residents, as either addressed at the meeting, or the pre-meeting
with CITY representatives, that is to be held to review the content of the presentation with the
CONSULTANT prior to the meeting. A total of two separate meetings, with corresponding pre-
meetings, are anticipated in this effort.
Task 4.2 -Weekly Construction Meetins~s: The CONSULTANT shall attend weekly construction
meetings with the Contractor(s), PROGRAM MANAGER and applicable CITY and HOA
representatives for the duration of the construction. 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. The meetings may include site visits to visually observe 1 address construction
related concerns that may result from discussion during the construction meeting. Note that these
site visits shall be separate and distinct from the °Specialty Site Visits"discussed under Task 4.6.
The CONSULTANT will prepare and distribute meeting minutes to all attendees and other
appropriate parties.
Deliverables -Attend and participate in weekly construction progress meetings
Schedule - W eekly throughout the project duration.
Task 4.3 - Reauests for information / Contrect Document Clarification (RFIs /CDCs): The
PROGRAM MANAGER will receive, log and process all RFIs /CDCs. Whenever an RFI involves
the interpretation of design issues or design intent, the PROGRAM MANAGER will forward the RFI
to the CONSULTANT, who shall prepare a written response in a timely matter and return it to the
PROGRAM MANAGER. In addition, should certain items within the contract documents require
clarification, the CONSULTANT may be requested by the PROGRAM MANAGER to prepare and
forward CDCs. Note that the CITY will hold the CONSULTANT directly responsible for any impacts
resulting from untimely responses.
Deliverables -Respond to those RFI's that involve design interpretations and return to
PROGRAM MANAGER's office. Issue CDCs as required.
Schedule -Ongoing throughout project construction duration
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Task 4 4 - Reauests for Chanaes to Construction Cost andlor Schedule: The PROGRAM
MANAGER will receive, log and review all requests for project cost and/or schedule changes from
the Contractor(s). Such requests may be the result of unforeseen conditions, interferences identified
by the Contractor(s) during the routine progress of work, inadvertent omissions (betterment) issues
in the contract documents, permitting requirements that arise after the contract award, and/or
additional improvements requested by the CITY. Regardless of the source, the PROGRAM
MANAGER will evaluate the general merit of the request, as well as perform a cursory review of the
potential impact of the change in terms of project cost and schedule. The PROGRAM MANAGER
will also forward the request to the CONSULTANT, who shall provide a written opinion as to the
merit /value of the request. It is understood that no legal claims assistance or support services are
inferred by the work effort noted under this Task.
Deliverables -Perform independent review of request for cost increase and/or time extension.
- Coordinate and participate in meetings, as required, with the PROGRAM
MANAGER, CITY and Contractor to resolve and/or negotiate the equitable
resolution of request. Provide written opinion and / or recommendation upon
request.
- Prepare change order documentation in CITY directed format
Schedule -Ongoing throughout project construction duration
Task 4.5 - Processina of Shop Drawinas: The PROGRAM MANAGER will receive, log and
distribute shop drawings to the CONSULTANT for its review. The CONSULTANT shall have 14
calendar days from the time of receipt in its office, to review and return shop drawings to the
PROGRAM MANAGER's office. Note that the CITY will hold the CONSULTANT directly responsible
for any impacts resulting from untimely review of submittals.
Deliverables -Review Shop Drawings and return them to PROGRAM MANAGER'S office.
Schedule -Ongoing throughout project construction duration.
Task 4.6 - Resident Protect Representative: The CONSULTANT shall provide one qualified, full-
time resident project representative to provide an adequate quantity and quality of observation as
required to reasonably verify that critical elements of the construction project are being complied
with, and that the general intent of the contract documents is being met. In this effort,
CONSULTANT's level of effort shall be based upon a period of Fourteen (14) months up to 25
hours per week for Sunset Islands I & II. Should this level of effort be exceeded or decreased, an
equitable adjustment shall be made accordingly.
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The CONSULTANT's field staff shall be on-site part-time when the Contractor is on the job, as
warranted. In addition, the CONSULTANT's level of effort is based upon the assumption that the
resident project representative shall monitor all Contractor work crews as specified by the
CONSULTANT in the contract document construction sequencing requirements.
In general, the CONSULTANT's resident project representative shall observe the construction of the
work and;
(a) Conduct on-site observations of the work in progress to assist in determining if the
provisions of the Contract Documents and permit conditions are being fulfilled and to
reasonably protect the CITY, through the PROGRAM MANAGER, against defects and
deficiencies in the work of the Contractor. CONSULTANT shall report, to the CITY,
through the PROGRAM MANAGER, in writing, whenever it is believed that work is
unsatisfactory, faulty or defective and / or does not conform to the contract documents,
does not meet the requirements of inspections, tests, or has been damaged prior to final
payment.
(b) CONSULTANT shall conduct on-site observations of the work in progress to determine if
the contract documents and permit requirements are being complied with and to protect
the CITY, through the PROGRAM MANAGER, against Contractor work defects and
deficiencies. CONSULTANT shall advise the CITY, through the PROGRAM MANAGER,
in writing, whenever work is determined to not conform to the contract documents. The
CONSULTANT's observer shall attend all scheduled meeting with the Contractor.
(c) Maintain a daily log of work performed. The daily notes shall include records of when the
Contractor is on the job-site, weather conditions, change orders, or changed conditions,
list of job site visitors, daily drilling and testing activities, observations in general, and
specific observations in more detail as in the case of observing test procedures. Record,
in writing, the outcome of these inspections. CONSULTANT shall identify any utilities
damaged and verify that the Contractor(s) has notified the respective utility owner.
(d) Verify that tests, equipment and systems start-up are conducted in the presence of
appropriate personnel and that the Contractor maintains adequate records thereof; and
observe, record, and report appropriate details relative to the test procedures and start-
up.
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(e) Provide a photographic record of the construction, beginning with pre-construction
documentation and completing with post-construction photographs. Photographs shall
be digital snapshot type taken to define the progress of the project and shall be labeled
as to date, location, view, electronically filed by month, and signed by the
CONSULTANT.
(f) Review materials and workmanship of the projects and report to CITY, through the
PROGRAM MANAGER, any deviations from the Contract Documents that may come to
the CONSULTANT'S attention. Determine the acceptability of the work and materials and
make recommendation to the CITY, through the PROGRAM MANAGER, to reject items
not meeting the requirements of the contract documents.
(g) Check Contractors' material certifications and samples, verifying that delivered materials
match approved shop drawings.
(h} Field observe critical points in the construction process.
(i) Direct and supervise the sampling and testing of materials to be performed by
independent testing laboratories under subcontract to the CITY. This task includes the
receipt, review and processing of invoices from the independent testing laboratories for
payment by the CITY.
Q) CONSULTANT shall verify and sign off on alt pay requisition quantities in the field.
CONSULTANT shall develop a Field Measurement Form and utilize such form as
verification of pay requisition items. In this effort the CONSULTANT shall advise the
PROGRAM MANAGER of quantities being approved for concurrence.
(k) Monitor that record drawing mark-ups are properly maintained by the Contractor.
(I) The CONSULTANT's resident project representative shall coordinate with its office staff
as necessary to resolve /address all Requests for Information /Contract Document
Clarifications /Field Orders and other such project related correspondence as may be
forwarded by the Contractor, through the PROGRAM MANAGER.
Deliverables -Provide full time resident project representation on the project
- Prepare Daily Construction Observation Forms and distribute to the PROGRAM
MANAGER.
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Schedule -Ongoing throughout Project.
Task 4.7 -Protect Closeout: Upon receiving notice from the Contractor(s) advising the
CONSULTANT that the project is substantially complete, CONSULTANT, in conjunction with
appropriate CITY and PROGRAM MANAGER Staff, shall schedule and conduct an overview of the
project. The overview shall include CONSULTANT'S development of a "punch list" of items needing
completion or correction prior to consideration of final acceptance. 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. Substantial Completion criteria
shall be as specified by the CONSULTANT in its contract documents, and shall also address the
startup of warranties accordingly.
Upon notification from Contractor(s) that all remaining "punch list" items have been resolved, the
CONSULTANT, in conjunction with appropriate CITY staff, HOA Representative and PROGRAM
MANAGER staff, shall perform a final review of the finished project. Based on successful completion
of all outstanding work items by the Contractor, the CONSULTANT shall assist CITY, through the
PROGRAM MANAGER, in closing out the construction contract. This shall include, but not limited
to, providing recommendations concerning acceptance of the project and preparing /collecting
necessary documentation, including but not limited to, lien waivers, Contractor's final affidavit, close-
out change orders, consent of surety to final payment, and processing of the final payment
application.
Deliverables -Receive Contractor substantial completion notification.
- Coordinate and attend field meetings to review Substantial Completion.
- Prepare and verify that punch lists are completed.
- Certify project completion to appropriate agencies.
Schedule -Ongoing throughout Program.
Task 4.8 - Warranty AdministratioNPost Proiect Services: The CONSULTANT shall assist the
CITY, through the PROGRAM MANAGER, with the coordination of requested warranty work. This
assistance shall be provided for a period of up to one year following the Final Completion and
acceptance of the Project by the CITY, or the issuance of the Final Payment, whichever occurs
latest.
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In addition, the CONSULTANT shall coordinate with the Contractor as necessary to transfer record
drawing markups or CAD files, which the CONSULTANT shall update the corresponding CAD files
for record purposes and certify the project as complete, in accordance with all applicable
jurisdictiona- permitting requirements.
Deliverables - Assist the CITY, through the PROGRAM MANAGER, with warranty work
completion.
- Prepare electronic record drawings and certify project as complete per applicable
jurisdictional requirements.
- Submit five full size copies of final record drawings with applicable certifications of
completion
Schedule - Ongoing throughout program
H:IPROPOSALS~2009\08-P08 -Sunset Islands I & II~ProposallSunset I & 11-Draft Scope for RPR.doc
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SCHEDULE C
CITY OF MIAMI BEACH, FLORIDA
SUNSET ISLANDS 18< II
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM
HOURLY BILLING RATES SCHEDULE
CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC.
Project Director $169.82
Project Manager $140.54
Senior Engineer $120.63
Engineer $101.89
Staff Engineer $81.98
Construction Inspector $79.65
Designer $85.49
Drafter $60.90
Clerical $~•~
Bid Package 8E: Sunset islands 1 & 2
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING
ENGINEERS, INC
PROJECT SCHEDULE
Task Description:. After Notice to Proceed
1 Planning Services Not xequirea
2 Design Services 160 Working Days
3 Bidding and Award Services 100 Working Days
4 Construction Administration Services. 14 Months
The above durations include any review and response time of the City, Permitting agencies
and/or the Program Manager.
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