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Professional Service Agreement with Gannett Fleming AGREEMENT BETWEEN CITY OF MIAMI BEACH AND GANNETT FLEMING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PREPARATION FOR THE PROJECT DEVELOPMENT AND ENVIRONMENT STUDY FOR THE WEST AVENUE BRIDGE PROJECT (PURSUANT TO RFQ NO. 48- 09/10) Resolution No. 2011 -27642 CITY APPROVED A & E FORM (AUGUST 2010) III a7G AGREEMENT BETWEEN CITY OF MIAMI BEACH AND GANNETT FLEMING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PREPARATION FOR THE PROJECT DEVELOPMENT AND ENVIRONMENT STUDY FOR THE WEST AVENUE BRIDGE PROJECT (PURSUANT TO RFQ NO. 48- 09/10) Resolution No. CITY APPROVED A & E FORM (AUGUST 2010) TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1 DEFINITIONS 1 ARTICLE 2. BASIC SERVICES 6 ARTICLE 3. THE CITY'S RESPONSIBILITIES 13 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 16 ARTICLE 5. ADDITIONAL SERVICES 17 ARTICLE 6. REIMBURSABLE EXPENSES 18 ARTICLE 7. COMPENSATION FOR SERVICES 18 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 20 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 20 ARTICLE 10. TERMINATION OF AGREEMENT 21 ARTICLE 11. INSURANCE 23 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 24 ARTICLE 13. ERRORS AND OMISSIONS 25 ARTICLE 14. LIMITATION OF LIABILITY 25 ARTICLE 15. NOTICE 26 ARTICLE 16. MISCELLANEOUS PROVISIONS 27 SCHEDULES: SCHEDULE A SCOPE OF SERVICES 32 SCHEDULE B CONSULTANT COMPENSATION 33 SCHEDULE C HOURLY BILLING RATE 34 ii CITY APPROVED A & E FORM (AUGUST 2010) J TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GANNETT FLEMING, INC. FOR PROFESSIONAL ENGINEERING (A/E) SERVICES FOR THE PROJECT DEVELOPMENT AND ENVIRONMENT STUDY FOR THE WEST AVENUE BRIDGE PROJECT (PURSUANT TO RFQ NO. 48- 09/10) Resolution No. This Agreement made and entered into this iiiklay of _Apt) 1 , 2011, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and GANNET FLEMING, INC., having an office at 7300 Corporate Center Drive, Suite 701 (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 the Scope of Services attached as Schedule "A" hereto, and wishes to engage the Consultant to provide specific professional services including, without limitation, engineering services, for the Project, at the agreed fees set forth in this Agreement; and WHERE AS, the Consultant desires to contract with the City for performance of the aforestated professional services relative to the Project, as hereinafter set forth. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY (OR OWNER): 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. 2 CITY APPROVED A & E FORM (AUGUST 2010) 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 representatives designated ated in writing g t ng (including the Project Coordinator) with respect to any specific matter(s) P Y P ( ) concerning the Services and /or this Agreement (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the Services, and /or this Agreement). 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications (RFQ) No. 48- 09/10, for the "FOR THE PROJECT DEVELOPMENT AND ENVIRONMENT STUDY FOR THE WEST AVENUE BRIDGE PROJECT" 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 to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. 1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the architect/engineer who has entered into a contract with the City to provide the Services described under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, sub - consultants, agents, and any other person or entity acting under the supervision, direction, or control of Consultant. Any sub - consultants retained by Consultant for the Project shall be subject to the prior written approval of the City Manager. The following subconsultants are hereby approved by the City Manager for the Project: • Kimley Horn & Associates — Traffic Engineering and Landscape Architecture • Holt Communications (DBE) — Public Involvement • Infinite Source PR — Public Involvement • CH Perez & Associates (DBE) — Traffic, Safety and Surveying • Geosol, Inc. (DBE) • Glass Land Acquisition Service Specialist, Inc. — R/W Acquisition and CSRP • Janus Research — Cultural Resources • Akerman Senterfitt — Government Relations 3 CITY APPROVED A & E FORM (AUGUST 2010) • Oppenheim Architecture + Design, LLP — Bridge Architecture and Aesthetics 1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual designated in writing 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 during the design and construction of the Project (unless expressly provided otherwise in this Agreement or the Contract Documents). 1.7 [Intentionally Omitted] 1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement (and as required to complete the Project), as further described in Article 2 and Schedule "A" hereto. In addition, any services not specifically addressed as Additional Services (as defined herein) shall be considered Basic Services. 1.9 PROJECT: The "Project" shall mean that certain City capital project that has been approved by the City Commission and is described in Schedule "A" hereto. 1.9.1 Project Cost: The "Project Cost ", shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. 1.9.2 Project Scope: The "Project Scope" shall mean the description of the Project in Schedule "A" hereto. 1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the actual total cost to the City of the Work (as established in the Contract Documents, as they may be amended from time to time), 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 the construction cost for rehabilitation of historic buildings. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsive and responsible bidder or proposer for such Work. 4 CITY APPROVED A & E FORM (AUGUST 2010) 1.10.1 Construction Cost Budget: The "Construction Cost Budget" shall mean the amount budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto. 1.10.2 Statement Of Probable Construction Cost: The "Statement of Probable Construction Cost" shall mean the latest approved written estimate of Construction Cost submitted by Consultant to the City, in a format approved by the Project Coordinator. For Work which bids or proposals have not been let, the Statement of Probable Construction Cost shall be the same as the Construction Cost. 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, Toss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of the parties under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of sub - consultants /sub - contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process SHALL NOT be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a force majeure, the Consultant shall request a time extension from the Project Coordinator within five (5) business days of said force majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless additional services are required, and approved pursuant to Article 5 hereof. 1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, and written amendments issued thereto), and the documents prepared by Consultant in accordance with the requirements of the Scope of Services in Schedule "A" hereto (that form the basis for which the City can receive bids for the Work included in the 5 CITY APPROVED A & E FORM (AUGUST 2010) documents). The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the invitation to bid (ITB), instructions to bidders, bid form, bid bond, the Contract for Construction, surety payment and performance bonds, Conditions of the Contract for Construction [General, Supplementary, and other Conditions], Divisions 0 -17, Construction Documents, an approved Change Order(s), approved Construction Change Directive(s), and /or approved written order(s) for a minor change in the Work. 1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding agreement between City and with Contractor for performance of the Work covered in the Contract Documents. 1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans, technical specifications, drawings, documents, and diagrams prepared by the Consultant pursuant to this Agreement, which show the locations, characters, dimensions and details of the Work to be done, and which are part of the Contract Documents. 1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement approved by the City (as specified below) and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fee and /or completion dates. Contract Amendments shall be approved by the City Commission if they exceed twenty -five thousand dollars ($25,000.00) or the City Manager if they are twenty -five thousand dollars ($25,000.00) or Tess (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty -five thousand ($25,000.00), the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and which have been duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. 1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods, procedures, etc. necessary or convenient to performance by Contractor of all duties and 6 CITY APPROVED A & E FORM (AUGUST 2010) obligations proposed by the Contract Documents. 1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. 1.20 SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing, general consultant, financing, and permitting fees, etc. 1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Conultant (and approved by the City) as being within the Construction Cost Budget. "Base Bid" shall not include Additive Alternates or Deductive Alternates. 1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described in Schedule "A" hereto. 1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A — Scope of Services. Schedule B — Consultant Compensation. Schedule C — Consultant Hourly Billing Rate Schedule. ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract Documents and as set forth in Schedule "A" hereto. 2.2 The Services will be commenced upon issuance of a Notice (or Notices) to Proceed, which shall be issued by the Project Coordinator and counter - signed by Consultant. 2.3 As it relates to the Services and the Project, Consultant warrants and represents to City that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the jurisdiction(s) in which the Project is located, including, without limitation, applicable 7 CITY APPROVED A & E FORM (AUGUST 2010) Florida Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami -Dade County) or1inances, codes, and rules and regulations (collectively, "Applicable Laws "). As they relate to the Services and to the Project, the Consultant agrees to comply with all such Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be awar'. Recognizing that the construction of o:Ither projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Coordinator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its sub - consultants, as well as other consultants, including, without limitation, City provided consultants (if any). 2.4 The Consultant warrants and represents to City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of comparable projects in, South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and represents to City that it is responsible for the technical accuracy of the Services (including, without limitation, the Design Documents contemplated in Schedule "A" hereto). 2.5 [Intentionally Omitted] 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and /or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or of any of its officers, employees, sub - consultants, agents, and /or servants), for the accuracy and competency of its /their designs, working drawings, plans, technical specifications, or other technical documents, nor shall such approval and /or decisions be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, plans, tehnical specifications, or other technical documents; provided, however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and app furnished by the City pursuant to this Agreement. 8 CITY APPROVED A & E FORM (AUGUST 2010) 2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this respect, the parties agree as follows: 2.7.1 Term: Upon execution by the parties (and subject to approval of the Agreement by the Mayor and City Commission) the term of the Agreement will be deemed to have commenced as of the date of City Commission award, and shall be in effect until all services are completed or until the work acid /or services under the Notices to Proceed in force at the end of the stated period of time have been completed and Services accepted, whichever may be later. 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 The Basic Services shall be performed in a manner that shall conform with the approved Project Schedule, shown on Schedule "A" hereto. The Consultant may submit requests for an adjustment to the Project Schedule, if made necessary because of undue delays resulting from untimely review taken by the City (or other governmental authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Coordinator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Coordinator may require), the Project Coordinator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's approval (if granted) shall be in writing. 2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights to terminate the Agreement, as provid d elsewhere herein. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Coordinator, Contractor, and any and all other individuals and /or firms that have been contracted, or otherwise retained, to perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement in a competent, timely 9 CITY APPROVED A & E FORM (AUGUST 2010) and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all work required under the Agreement (including the work performed sub-consultants), med by sub consultants), wlthln the specified time period and specified cost. The Consultant shall perform the work utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the performance of the work in the State of Florida. The Consultant is responsible for, and shall represent to City that the work conforms to City's requirements, as set forth in the Agreement. The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's negligent acts or errors or omissions in the performance of the work. In addition to all other rights and remedies, which the City may have, the Consultant shall, at its expense, re- perform all or any portion of the Services to correct any deficiencies which result from the Consultant's failure to perform in accordance with the above standards. The Consultant shall also be liable for the replacement or repair of any defective materials and equipment and re- performance of any non - conforming construction services resulting from such deficient Consultant services for a period from the Effective Date of this Agreement, until twelve (12) months following final acceptance of the Work, and for the period of design liability required by applicable law. The Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve the method and timing of the corrections. Neither the City's inspection, review, approval or acceptance of, nor payment for, any of the work required under the Agreement shall be construed to relieve the Consultant (or any sub - consultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant and its sub - consultants shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or its sub - consultants to comply with the terms and conditions of the Agreement or by the Consultant or any sub - consultants' misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With respect to the performance of work by sub - consultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the sub - consultant's work. 2.9.1 The Consultant shall be responsible for deficient, defective services and any resulting deficient, defective construction services re- performed within twelve (12) months following final acceptance and shall be subject to further re- performance, repair 10 CITY APPROVED A & E FORM (AUGUST 2010) and replacement for twelve (12) months from the date of initial re- performance, not to exceed twenty -four months (24) from final acceptance. 2.9.2 Consultant Performance Evaluation: The Consultant is advised that a performance evaluation of the work rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review (s). p (s . Whenever others are ) required to verify, review, or consider any work performed by Consultant (including, without limitation, contractors, other design professionals, and /or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), 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 defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project Schedule. 2.11 Consultant represents to the 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 be Consultant. 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and /or perform such Service(s), it shall employ and /or retain only qualified duly licensed certified personnel to provide same. 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of the first Notice to Proceed, a qualified licensed professional to serve as its project manager 11 CITY APPROVED A & E FORM (AUGUST 2010) (hereinafter referred to as the "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 the Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Coordinator). 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City Manager or his designee (which notice shall state the cause therefore), to promptly remove and replace a Project Manager, or any other personnel employed or otherwise retained by Consultant for the Project (including, without limitation, any sub - consultants). 2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non - public information concerning the Services or the Project, without the prior written consent of the City Manager or his designee (who shall be the Project Coordinator), unless such disclosure is incident to the proper performance of the Services; or the disclosure is required pursuant to Florida Public Records laws; or, in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require its employees and sub - consultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services do not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of performing of the Services, Consultant determines that work should be performed to complete the Project which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated in the Scope of Services, Consultant shall promptly notify the Project Coordinator, in writing, and shall obtain the Project Coordinator's written consent before proceeding with such work. If Consultant proceeds with any such additional work without obtaining the prior written consent of the Project Coordinator, said work shall be deemed to be within the original Scope of Services, and deemed included as a Basic Service (whether or not specifically addressed in the Scope of Services). Mere notice by Consultant to the Project Coordinator shall not constitute authorization or approval by the City to perform such work. Performance of any such work by Consultant without the prior written consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability. 12 CITY APPROVED A & E FORM (AUGUST 2010) 2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records pertinent to the Services and shall provide the City, upon request, with copies of any and all such documents and /or records. In addition, Consultant shall provide electronic document files to the City upon completion of the Project. 2.17 The City's participation in the design and construction of the Project shall in no way be deemed to relieve the Consultant of its professional duties and responsibilities under the Contract Documents or under Applicable Laws. 2.18 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance requirements. 2.19 SUB - CONSULTANTS: All services provided by sub - consultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the sub - consultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the sub - consultants. The Consultant shall not retain, add, or replace any sub - consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub - consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub - consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub - consultants shall be the sole responsibility of Consultant. The Consultant shall cause the names of sub - consultants responsible for significant portions of the Services to be inserted on the plans and specifications. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized representative to coordinate, direct, and review all matters related to this Agreement and the Project during the design and construction of same (except unless otherwise expressly 13 CITY APPROVED A & E FORM (AUGUST 2010) provided in this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the affect (or be interpreted as having the effect) of modifying or changing, (in any way) the following: a) the Scope of Services; b) the time within which Consultant is obligated to commence and complete the Services; or c) the amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall make available to Consultant all information that the City has in its possession pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such information available to Consultant, the City makes no express or implied certification, warranty, and /or representation as to the accuracy or completeness of such information. The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 3.3 [Intentionally Omitted] 3.4 At any time, in his /her sole discretion, the City Manager may furnish accounting, and insurance counseling services for the Project (including, without limitation, auditing services to verify the Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment due to its sub - consultants or vendors). 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non - conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt written notice thereof to the Consultant. 14 CITY APPROVED A & E FORM (AUGUST 2010) 3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. No City administrative (proprietary) approvals and /or decisions required under this Agreement shall be unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times have the right to approve or reject any such requests 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 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be defined to also include sale of the majority of the stock of a corporate consultant. 3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from administrative decisions of the City Manager or the Project Coordinator. In such cases, the Commission's decision shall be final and binding upon all parties. 3.7.4 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 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the City's primary representative to whom administrative (proprietary) requests for decisions and approvals required hereunder by the City shall be made. Except where otherwise expressly noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations which may include, without limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the City by Consultant. 15 CITY APPROVED A & E FORM (AUGUST 2010) 3.8.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements) and of any sub - consultants (and any replacements). 3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement. In his /her discretion, the City Manager may also consult with the City Commission on such matters. 3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant's compensation (or other budgets established by this Agreement) may not be increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. 3.8.4 [Intentionally Omitted] 3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets established by this Agreement. 3.8.6 The City Manager may, in his /her 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 the City's powers, duties, and responsibilities under this Agreement or the Contract Documents. 3.8.7 The City Manager shall be the City Commission's authorized representative with regard to acting on behalf of the City in the event of issuing any default notice(s) under this Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 10 hereof). ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The City reserves the right to establish any Construction Cost Budget for the Project. 16 CITY APPROVED A & E FORM (AUGUST 2010) 4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost (as established by the City) prepared by Consultant. 4.3 Consultant shall warrant and represent to the City that its review and evaluation of any Construction Cost Budget, Statement of Probable Construction Cost, and any other cost estimates prepared (or otherwise provided) by Consultant for the Project, represent Consultant's best judgment as an experienced design professional familiar with the construction industry; provided, however, that Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. 4.4 No Construction Cost Budget (as established by the City) shall not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall have no obligation to approve an increase in a Construction Cost Budget and, if such budget is exceeded, the City Commission may, at its sole and reasonable discretion, terminate this Agreement (and the remaining Services) without any further liability to the City. 4.5 If the lowest and best base bid exceeds a Construction Cost Budget by more than five percent (5 %), the City Commission may, at its sole option and discretion, elect any of the following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the lowest and best bid within the Construction Cost Budget; or (5) work with the Consultant to reduce the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents), and provide re- bidding services, as many times as reasonably requested by the City, at no additional cost to the City, in order to bring any resulting, responsive and responsible bids within five percent (5 %) of the Construction Cost Budget. 17 CITY APPROVED A & E FORM (AUGUST 2010) ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Coordinator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; an hourly fee (in accordance with the rates in Schedule "C" hereto), with a Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services may include, but not be limited to, the following: 5.2.1 Providing additional work relative to the Project which arises from subsequent circumstances and causes which do not currently exist, or which are not contemplated by the parties at the time of execution of this Agreement (excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.2 Serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error omission, inadvertence, or negligence of Consultant. 5.2.3 [Intentionally Omitted] 5.2.4 Assistance in connection with bid protests, re- bidding, or re- negotiating contracts (except for Contract Document revisions and re- bidding services required under Section 4.5 hereof, which shall be provided at no additional cost to City). ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are an allowance set aside by the City and shall only be deemed to include actual expenditures made by the Consultant in the interest of the Project. Any 18 CITY APPROVED A & E FORM (AUGUST 2010) Reimbursable Expenses allowance belongs to, and shall be controlled solely by, the City. Any money not directed to be used by City for Reimbursable Expenses shall remain with the City Y Y p Y (i.e. unused portions will not be paid to Consultant). Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized, in advance, in writing, by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Coordinator (along with any supporting receipts and other back -up material requested by the Project Coordinator). Consultant shall certify as to each such invoice and /or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." 6.2 Reimbursable Expenses may include, but not be limited to, the following: 6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project documents (excluding reproductions for the office use of the Consultant and its sub - consultants, and courier, postage and handling costs between the Consultant and its sub - consultants). 6.2.2 Costs for reproduction and preparation of graphics for community workshops. 6.2.3 Permit fees required by City of Miami Beach regulatory bodies having Y Y g Y 9 jurisdiction over the Project (i.e. City permit fees). ARTICLE 7. COMPENSATION FOR SERVICES 7.1 The Consultant shall be compensated for the Services in accordance with Schedule "B" ( "Consultant Compensation ") hereto. 7.2 Payments for Services shall be made within forty -five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark -up shall be allowed on subcontracted work. 7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth in Schedule "C," attached hereto. Any request for payment of Additional Services shall be 19 CITY APPROVED A & E FORM (AUGUST 2010) included with a Consultant payment request. No mark -up shall be allowed on Additional Services (whether sub - contracted or not). 7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto. Any request for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark -up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive approved and executed by the City Manager, adjust the fees included in the Hourly Billing Rate Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a year to year basis. Such adjustment will be based on the cumulative change of the CPI for the Miami urban area, provided that in no event shall any the annual increase exceed three percent (3 %). 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and extent of the work performed; the total hours of work performed by employee category; and the respective hourly billing rate associated therewith. In the event sub - consultant work is used, the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional Services and /or Reimbursable Expenses. A copy of the written approval of the Project Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back -up for past and current invoices that records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category). 7.7.2 The City shall pay Consultant within forty -five (45) calendar days from receipt and approval of an acceptable invoice by the Project Coordinator. 7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written approval of the City Manager before disbursement of same. 20 CITY APPROVED A & E FORM (AUGUST 2010) ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and /or Project will be available for examination and audit by the City Manager, or his /her authorized representatives, at Consultant's office (at the address designated in Article 15 [ "Notices "]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its sub - consultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 21 CITY APPROVED A & E FORM (AUGUST 2010) 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all sub - consultants to the Agreement requirements for re -use of plans and specifications. 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 either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 22 CITY APPROVED A & E FORM (AUGUST 2010) 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's initial written default notice). Upon payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant. 10.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Coordinator any and all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and /or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 23 CITY APPROVED A & E FORM (AUGUST 2010) 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Coordinator). ARTICLE 11. INSURANCE 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator: (a) Professional Liability Insurance, in the amount of one million dollars ($1,000,000.00),C. per occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant shall notify the Project Coordinator, in writing, within thirty (30) e_. a _ -. _ -• -- " -e , • -_,- _,.•_ ' e - e -_ "_e "" - _ -.- ee •_ . Professional Liability Insurance, in h e the amount of n (a ) y t one million dollars ($1,000,000.00), per claim, with a maximum self insured retention (SIR) of $500,000. Consultant shall notify the Project Coordinator, in writing, within thirty (30) days of any claims filed or made against its Professional Liability Insurance policy. (b) Comprehensive General Liability Insurance, in the amount of one million dollars ($1,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for each occurrence, which shall include products, completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage within the statutory limits required under Florida law. 11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 24 CITY APPROVED A & E FORM (AUGUST 2010) 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 by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, 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 this Agreement. The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its sub - consultants and /or any registered professionals (architects and /or engineers) under this Agreement). 25 CITY APPROVED A & E FORM (AUGUST 2010) ARTICLE 13. ERRORS AND OMISSIONS 13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes categorized by the City as caused by an error, an omission, or any combination thereof in the Contract Documents that were prepared by the Consultant will constitute an additional cost to the City that would not have been incurred without the error. The damages to the City for errors, omissions or any combinations thereof shall be calculated as the total cost of any damages or incremental costs to the City resulting out of the errors or omissions by the Consultant. Damages shall include delay damages caused by the error, omission, or any combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination thereof, the Consultant may appeal this determination, in writing, to the City's Capital Improvement Projects Director (the Director). The Director's decision on all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of the Director, the Consultant shall present any such objections, in writing, to the City Manager. The Director and the Consultant shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above administrative remedies have been exhausted. ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its 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 "not to exceed" amount of the fee paid to Consultant under this Agreement, less any amount(s) actually paid to Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action for breach of contract to be limited to Consultant's "not to exceed" fee under this Agreement, less any amount(s) actually paid by the City to the Consultant hereunder. 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 "not to exceed amount" of Consultant's fees under this Agreement, which amount shall be reduced by any amount(s) actually paid by the City to Consultant hereunder. 26 CITY APPROVED A & E FORM (AUGUST 2010) Nothing contained in this subsection, 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. NOTICE All written notices given to City by Consultant shall be addressed to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: Public Works Department City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Public Works Director Fred H. Beckmann, P.E. All written notices given to the Consultant from the City shall be addressed to: Associate Gannett Fleming, Inc. 7300 Corporate Center Drive, Suite 701 Miami, Florida 33126 Attn: Carlos Cejas, P.E. All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: 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 27 CITY APPROVED A & E FORM (AUGUST 2010) Miami -Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3 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 on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City, and pursue debarment of Consultant 16.4 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 subsection, City shall have the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise recover) the full amount of such fee, commission, percentage, gift, or consideration. 28 CITY APPROVED A & E FORM (AUGUST 2010) 16.5 LAWS AND REGULATIONS: 16.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal, State, Miami -Dade County, and City laws, ordinances, and codes which may have a bearing on the Services involved in the Project. 16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and sub - consultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 16.5.2.2 The Consultant and its sub - consultants agree in writing that the Project documents are to be kept and maintained in a secure location. 16.5.2.3 Each set of the Project documents are to be numbered and the whereabouts of the documents shall be tracked at all times. 16.5.2.4 A log is developed to track each set of documents logging in the date, time, and name of the individual(s) that work on or view the documents. 29 CITY APPROVED A & E FORM (AUGUST 2010) 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and /or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its sub - consultants. Compliance with this subsection shall not be construed to relieve the Consultant from any liability resulting from any such errors, omissions, and /or ambiguities in the Contract Documents and other documents or Services related thereto. 16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement shall conform to the quality expected of and usually provided by the profession in the State of Florida applicable to the design and construction of public and commercial facilities. 16.8 NON - EXCLUSIVITY: Notwithstanding any provision of this non - exclusive Agreement, the City is not precluded from retaining or utilizing any other architect, engineer, design professional or other consultant to perform any incidental Basic Services, Additional Services, or other professional services within the contract limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City electing to retain or utilize such other architect, engineer, design professional, or other consultant to perform any such incidental Services. 16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of the City Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by sub - consultants, subject to the prior written approval of the City Manager. 16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself /herself, his /her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 30 CITY APPROVED A & E FORM (AUGUST 2010) 16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages, materials, equipment, sub - consultants, and other purchased services, etc., as necessary to complete said Services. 16.12 INTENT OF AGREEMENT: 16.12.1 The intent of the Agreement is for the Consultant to provide design services, and to include all necessary items for the proper completion of such services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement. 16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or agents, shall either stop the City from asserting any rights or operate as a waiver of any provisions hereof or of any power or right herein reserved to the City or of any rights to damages herein provided. 16.13 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 memorialized in written document approval and executed with the same formality and of equal dignity herewith. 31 CITY APPROVED A & E FORM (AUGUST 2010) [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 32 CITY APPROVED A & E FORM (AUGUST 2010) 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: 1?"1,W, 1 A 1 - AL!..// L 46 CITY CLERK AYOR GANNET FLEMING, INC. ',NNW anor Signat 111 Signature Doxkn TFe car Cis Print Name Print Name APPROVED AS TO FORM & LANGUAGE & FnN EX UTION ity'1• . :3 ' CI ate F: \WORK \$ALL \(1) EMPLOYEE FOLDERS \Darlene Fernandez \West Avenue PD &E \PSA -West Avenue Bridge Project- 3_24_11.doc 33 CITY APPROVED A & E FORM (AUGUST 2010) SCHEDULE A SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH & GANNETT FLEMING, INC. PREPARATION FOR THE PROJECT DEVELOPMENT AND ENVIRONMENT STUDY FOR THE WEST AVENUE BRIDGE PROJECT (PURSUANT TO RFQ NO. 48- 09/10) SCOPE OF SERVICES SCOPE OF SERVICES (GENERALLY) The Consultant's Services shall include, without limitation, the following professional engineering services: engineering analysis, investigation, program definition /planning, design, permitting, preparation of analysis of estimated cost, bidding /contract award assistance, project management, project coordination, project scheduling and timeline preparation, and other related services, as deemed in the best interest of the City. The Scope of Services for this Agreement are more specifically detailed in the tasks. 34 CITY APPROVED A & E FORM (AUGUST 2010) SCOPE OF SERVICES WEST AVENUE BRIDGE PROJECT DEVELOPMENT AND ENVIRONMENT (PD &E) STUDIES Financial Project ID: 4209101 Work Program Item No.: Federal Aid Project No.: County Section No.: Description: City of o Miami Beach West Avenue Bridge PD &E Scope of Services Page- 2 -of26 4/14/2011 TABLE OF CONTENTS PURPOSE 1 STUDY OBJECTIVE 1 STUDY REQUIREMENTS AND PROVISIONS FOR WORK 1 1. PUBLIC INVOLVEMENT 5 2. ENGINEERING ANALYSIS AND REPORTS 10 3. ENVIRONMENTAL ANALYSIS AND REPORTS 24 4. MISCELLANEOUS SERVICES 30 5. METHOD OF COMPENSATION 30 6. SERVICES TO BE PERFORMED BY THE DEPARTMENT 31 -2- City of Miami Beach West Avenue Bridge PD &E Scope of Services Page - 3 -of26 4/14/2011 SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES PROJECT DEVELOPMENT AND ENVIRONMENT (PD &E) STUDIES PURPOSE The purpose of this scope of services is to describe the responsibilities of the CONSULTANT and the City of Miami Beach (CITY) in connection with the Preliminary Engineering (Conceptual Design), and Environmental Studies necessary to comply with Florida Department of Transportation (FDOT) procedures and to obtain Federal Highway Administration (FHWA) Location and Design Concept Acceptance (LDCA) of proposed improvements to this transportation facility. The Project Development Process shall follow FDOT's publication titled "Project Development and Environment Manual ", published February 2, 2007, and all subsequent revisions. Throughout this Scope of Services, the publication will be referred to as the "PD &E Manual ". All tasks identified in this scope of services will be done in accordance with the PD &E Manual, unless otherwise stated. The PD &E Manual incorporates all the requirements of the National Environmental Policy Act (NEPA); Federal law and executive orders; applicable Federal regulations included in the Federal Highway Administration Federal -Aid Policy Guide; and applicable State laws and regulations including Chapter 339.155 of the Florida Statutes. The project documentation prepared by the CONSULTANT in accordance with the PD &E Manual shall therefore comply with all applicable State and Federal laws, executive orders, and regulations. The CONSULTANT shall perform those engineering services required for LDCA studies, including consideration of all social, economic, environmental effects, and mitigation as required by the FHWA and /or the Project Development and Environment (PD &E) Manual, along with the required environmental documents, engineering reports, preliminary plans, public hearing, and right -of -way maps. Sections 1 through 4 of the Scope of Services will establish which items of work described in the PD &E Manual are specifically included in this contract, and additionally which of the items of work will be the responsibility of the CONSULTANT or the CITY. The CITY will provide contract administration and provide management services and technical reviews of all work associated with the development and preparation of the engineering /environmental study reports for the transportation facility. STUDY OBJECTIVE The CONSULTANT shall study the construction of a new bridge on West Avenue, which would span the Collins Canal at West Avenue from 17 Street to Dade Boulevard, in Miami -Dade County, Florida. The project limits are on West Avenue from north of Lincoln Road to south of 18 Street. Improvements on the existing portions of West Avenue may include milling and resurfacing, pavement markings, signage, and bicycle and pedestrian improvements. The CONSULTANT shall develop all viable alternatives for the proposed West Avenue Bridge. The typical sections considered for each alignment shall be, at a minimum, a two lane bridge with bi- directional bicycle lanes and sidewalks. The CONSULTANT shall complete all work within a fifteen (15) month schedule. - 3 - City of Miami Beach West Avenue Bridge PD &E Scope of Services Page - 4 -of26 4/14/2011 STUDY REQUIREMENTS AND PROVISIONS FOR WORK Governing Regulations The services performed by the CONSULTANT shall comply with all applicable CITY and FDOT Manuals and Guidelines. The CITY'S and FDOT's Manuals and Guidelines incorporate, by requirement or reference, all applicable State and Federal regulations. The current edition, including updates, of the following Manuals and Guidelines shall be used in the performance of this work. It is understood that AASHTO criteria shall apply as incipient policy. • Florida Statutes • Florida Administrative Codes • Applicable Federal Regulations, U.S. Codes and Technical Advisories • Project Development and Environment Manual • ETDM Planning and Programming Manual • Sociocultural Effects Evaluation Handbook • Public Involvement Handbook • Plans Preparation Manual • Interchange Handbook (525 -030 -160) • Design Standards (625- 010 -003) • Highway Capacity Manual • Manual on Uniform Traffic Studies (MUTS) • Minimum Standards for Design, Construction, and Maintenance Streets and Highways (Florida Greenbook) (625- 000 -015) • Guide for the Design of Bicycle Facilities (AASHTO) • Florida Pedestrian Facilities Planning & Design Handbook • Right -of -Way Mapping Handbook (550- 030 -015) • Right -of -Way Procedures Manual (575- 000 -000) • Location Survey Manual (550- 030 -101) • EFB User Guide • Drainage Manual • Department's Stormwater Facilities Handbook • Outline Specifications - Aerial Surveys /Photogrammetry • Structures Design Guidelines (625- 020 -154) • CADD Manual (No. 625 - 050 -001) • CADD Production Criteria Handbook • FDOT Quality /Level of Service Standards Handbook Software & Tables • K- Factor Estimation Process • Project Traffic Forecasting Procedure (525- 030 -120) • FDOT Highway Landscape Guide • Basis of Estimates Manual • City of Miami Beach Public Works Manual Liaison Office The CITY will designate a Project Manager who shall be the representative of the CITY for the Project. While it is expected the CONSULTANT shall seek and receive advice from various State, regional, and local agencies, the final direction on all matters of this Project remain with the Project Manager. -4- City of Miami Beach West Avenue Bridge PD &E Scope of Services Page -5 -of 26 4/14/2011 Key Personnel The CONSULTANT'S work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by the CITY. Meetings and Presentations The CONSULTANT shall attend a Notice to Proceed Meeting with CITY representatives, where relevant project information will be provided by the CITY, along with procedures for administering the contract. The CONSULTANT and his staff shall also be available with no more than a five (5) workday notice to attend meetings or make presentations at the request of the CITY. Such meetings and presentations may be held at any hour between 8:00 A.M. and 12:00 midnight on any day of the week. The CONSULTANT may be called upon to provide maps, press releases, advertisements, audiovisual displays and similar material for such meetings. Quality Control The CONSULTANT shall be responsible for insuring that all work products conform to CITY standards and criteria. This shall be accomplished through an internal Quality Control (QC) process performed by the CONSULTANT. This QC process shall insure that quality is achieved through checking, reviewing, and surveillance of work activities by objective and qualified individuals who were not directly responsible for performing the initial work. Prior to submittal of the first invoice, the CONSULTANT shall submit to the CITY'S Project Manager for approval the proposed method or process of providing Quality Control for all work products. The Quality Control Plan shall identify the products to be reviewed, the personnel who perform the reviews, and the method of documentation. Correspondence Copies of all written correspondence between the CONSULTANT and any party pertai ing specifically to this study shall be provided to the CITY for their records within one (1) week of t e receipt of said correspondence. Submittals The CONSULTANT shall provide electronic and hard copies of the required documents as listed below. These are the anticipated printing requirements for the project. This tabulation will be used for estimating purposes, and the Project Manager will determine the number of copies required prior to each submittal. Public Involvement: Copies: Public Involvement Plan 03 Public Hearing Transcript Certification 03 Comments & Coordination Report 03 Engineering Items: Copies: Traffic Report 03 First Draft Project Development Summary Report 04 Second Draft Project Development Summary Report 04 Final Project Development Summary Report (Signed and Sealed) 04 Location Hydraulics Report 03 - 5 - City of Miami Beach West Avenue Bridge PD &E Scope of Services Page -6- of 26 4/14/2011 Drainage /Pond Siting Report 03 Conceptual Design Bridge Plan Set 03 Geotechnical Report 03 Typical Section Package 03 Bridge Hydraulic Report 03 Bridge Development Report 03 Design Variations and Exceptions Package 03 Optional Environmental Items: Copies: Section 4(f) Evaluation 03 Noise Study Report 03 Air Quality Report Technical Memorandum 03 Contamination Screening Evaluation Report 03 Endangered Species Biological Assessment 03 Essential Fish Habitat Assessment 03 Wetlands Evaluation Report 04 Cultural Resource Assessment (Include Section 106 Evaluation) 04 Upon completion of the study, the CONSULTANT shall deliver to the CITY, in an organized manner, all project files, maps, sketches, worksheets, and other materials used or generated during the study process. Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems. It is the responsibility of the CONSULTANT to meet the requirements in the FDOT CADD Manual. The CONSULTANT will submit final documents and files as described therein. Additional related information is found in the FDOT Plans Preparation Manual. All computer disks shall be scanned for viruses prior to submitting to the CITY. Failure to scan for viruses may result in a lower Consultant work performance evaluation. Coordination with Other Consultants and Entities The CONSULTANT is to coordinate their work with any ongoing and /or planned projects that may affect this study. The CONSULTANT is to coordinate with local governmental entities to ensure design and right of way requirements for the project are compatible with local public works improvements and right of way activities. The CONSULTANT is to coordinate with any agencies and /or entities that require further coordination through the ETDM Process. Optional Services At the CITY's option, the CONSULTANT may be requested to provide final design and plans preparation services. The fee for these services shall be negotiated for a fair, competitive and reasonable cost, considering the scope and complexity of the project(s). A supplemental agreement for the additional services shall be executed in accordance with the standard consultant agreement. 1.0 PUBLIC INVOLVEMENT Public involvement includes communicating to and receiving input from all interested persons, groups, and government organizations regarding the development of the project. The Consultant shall coordinate and perform the appropriate level of public involvement for this project as outlined in Part 1, Chapter11, -6- City of Miami Beach West Avenue Bridge PD &E Scope of Services Page - 7 - of 26 4/14/2011 and Part 2, Chapter 9 of the PD &E Manual, the FDOT Public Involvement Handbook and the following sections of this Scope of Services. The CONSULTANT shall provide to the CITY drafts of all Public Involvement collateral (i.e., newsletters, property owner letters, advertisements, etc.) associated with the following tasks for review and approval at least five (5) business days prior to printing and / or distribution. 1.1 Public Involvement Program The CONSULTANT will prepare the Public Involvement Program. The Public Involvement Program is developed and documented and is consistent with Part 1 Chapter 11 of the PD &E Manual. The program must be in written form and incorporated into the project file. 1.2 Public Involvement Data Collection The CONSULTANT shall assist the CITY with data collection (mailing list, news clips /stories) and in preparing responses to any public inquiries from the public involvement process. This includes original and three updates(every six months). 1.3 Notice of Intent A Notice of Intent is not applicable for this project. 1.4 Advance Notification An Advance Notification is not applicable for this project. The Advanced Notification was submitted during the ETDM Programming Screening and recorded in the EST and Programming Screening Report. 1.5 Scheduled Public Meetings The CONSULTANT shall provide all support necessary for the CITY to hold or participate in various public meetings, which may include but not limited to: • Scoping Meetings • Elected Officials /Agency Kick -off Meeting • Public Kick -off Meeting • Public Hearing • Corridor or other Public Meeting • Alternatives Evaluation Public Meeting For any of the above type meetings, the CONSULTANT shall prepare and /or provide: • Scripts or agenda for presentation. • Handouts • Graphics for presentation. • Meeting equipment set -up and tear -down. • Legal and /or display advertisements. (The CONSULTANT will pay the cost of publishing.) • Letters for notification of elected and appointed officials, property owners and other interested parties. (The CONSULTANT will pay the cost of first class postage.) • News releases, for use three to five days prior to meeting. • Summary notes of meetings to be provided to the Department no later than 5 business days after the meeting. • Briefing and debriefing of Department staff. -7- City of Miami Beach West Avenue Bridge PD &E Scope of Services Page -8 -of 26 4/14/2011 The CONSULTANT will investigate potential meeting sites to advise the CITY on their suitability. The CONSULTANT will pay all costs for meeting site rental and insurance. The CONSULTANT will attend the meetings with an appropriate number of personnel to assist the CITY's Project Manager. It is estimated for this project there will be four (4) Public meetings during the study. 1.6 Other (Unscheduled) Public and Agency Meetings In addition to scheduled public meetings, the CONSULTANT may be required to participate in other meetings with the public, elected officials, special interest groups or public agencies. The CONSULTANT's participation will be limited to participation during the meeting, note taking, and summarizing the meeting in a memo to the file. It is estimated for this project there will be six (10) meetings during the study. 1.7 Public Hearing The CONSULTANT shall provide all the support services listed in Sections 1.2 and 1.5 above, and in addition shall prepare: Public officials and Agency letters: The CONSULTANT will prepare the letters, insert them in envelopes, and address the envelopes. The CONSULTANT will pay for first class postage. At the CITY's discretion, the CONSULTANT will e-mail letters in lieu of or in addition to those sent by U.S. Mail. Property owner letters: The CONSULTANT will provide a list of the names and addresses of the property owners from county tax rolls in a format specified by the CITY. The CONSULTANT will prepare the letters, insert them in envelopes, and address the envelopes. The CONSULTANT will pay for first class postage. All elements of the multi -media presentation, which will include: • Graphics • Displays of plans and report(s) for the public display. • Brochures or handouts. • Prepare public advertisements. • Court Reporter(s) • Briefing and debriefing of City staff. The CONSULTANT will procure a verbatim transcript of the Public Hearing. The CONSULTANT will combine the transcript with any other comments received by the CITY as part of the public hearing record, and affidavits of publication of legal ads, and will provide copies of the transcript for the CITY's use. The CONSULTANT will also prepare a Public Hearing Summary attached to the Public Hearing Transcript. 1.8 Location and Design Concept Acceptance The CONSULTANT shall prepare a quarter -page legal display advertisement to be published in the area newspaper(s) having the largest daily circulation (The same newspaper(s) the Public Hearing was advertised in). The notice is published and paid for by the CONSULTANT. CITY review prior to the publication is required. 1.9 Special Public Involvement Requirements 1. Identify and Inspect Public Meeting Sites Prospective sites for any public meetings to be held shall be held at a site near the project location and shall be inspected for suitability. Consideration shall be given to location, seating capacity, sound -8- City of Miami Beach West Avenue Bridge PD &E Scope of Services Page -9 -of 26 4/14/2011 system, lighting, display space and any other physical characteristics which would influence the viability of this site, including compatibility with the terms of the Americans with Disabilities Act of 1990. Possible Public Information Workshop sites (which may also be the Public Hearing site) should be catalogued. Sites which have characteristics more suitable to a Public Hearing (than a more informal information workshop) shall be catalogued. The CONSULTANT shall make all arrangements for use of the meeting facility for the Public Information Workshop(s) and Public Hearing including payment of any rental fees, if applicable. 2. Correspondence Within three days of the receipt or mailing of all written correspondence between the CONSULTANT and any party pertaining to this study, copies shall be provided to the CITY for their records. 3. Newsletters The CONSULTANT shall prepare newsletters at various key points during the study. The newsletters shall be mailed by the CONSULTANT to elected officials; property owners, businesses and interested persons included on the mailing list compiled by the CONSULTANT. CITY review prior to mailing is required. A maximum of eight (3) newsletters are anticipated (One every six months). 4. Comments and Coordination Report The Comments and Coordination Report shall contain, as a minimum, all documentation of the public participation accomplished throughout the study period. This report should summarize and respond to the comments received from the Public Involvement, Advance Notification, coordination with local officials and agencies, public meetings, etc. as part of Part 2, Chapter 31 of the PD &E Manual. The final Comments and Coordination Report shall be submitted to the Department and summarized in the final PDSR. 5. Project Web Site The CONSULTANT will create a project web site for this project. This site will have a distinct address on the World Wide Web (i.e., www .WestAvenueBridgeProject.com). A link will be established on the CITY of Miami Beach home page as well as the CONSULTANT's home page. To allow for input via E -mail links, meeting information and report summaries will be available for viewing and downloading. Limited graphics will be available due to the size and downloading time for many graphical applications. The web site must be updated bi- weekly. The web site will contain a minimum of six pages: • A facts page (home page). The facts page will be a brief overview of what the project is, and the need for the project. • Project Overview page. The Project Overview page will be printable in pdf format. • A PD &E definition page. A link to this site will appear wherever the acronym PD &E appears on any of the subsequent pages. It will give a brief overview of how a PD &E project is done and the outcomes possible from it. • A project information page. The project information page will have specific project information as well as results of workshops, hearings, etc. This will be updated to add or delete alternatives being considered as necessary. • A public involvement page. The public involvement page will contain a general overview of proposed meetings. This will include Public Information Meetings, Public Workshops, Speaker's Bureau, Neighborhood Homeowners Association Meetings, Public Hearing, and any other meeting the CITY would like added to the site. The page will also contain an area where viewers may enter their name and address (both are to be mandatory inputs) to be added to the mailing database. The Project Manager's name will be listed as a contact with his FDOT mailing, and E- -9- City of Miami Beach West Avenue Bridge PD &E Scope of Services Page - 10 - of 26 4/14/2011 mail addresses listed as well as his telephone and fax at the District Office. This page will also contain all above information listed for the Department's Project Manager on the subscription page. All pages will be linked to the public involvement page. • A project schedule page. The project schedule will contain a brief generalization of the milestones for this project. Milestones will be taken from the schedule developed by the CONSULTANT, as approved by the CITY. Shifts in the schedule will be reflected in this page as they occur. This project will be linked to the CITY's web site and the ETDM Public Access Site. The CONSULTANT is directed to contact the Project Manager before setting up the web site. All web site development activities will be coordinated with the Project Manager. Videos, Renderings, etc.: The CONSULTANT shall prepare an audiovisual presentation for public meetings. See Section 1.5 and 1.7 for presentation requirements related to the Public workshop and hearing. 1.10 Quality Control The CONSULTANT shall be responsible for insuring that all work products conform to CITY standards and criteria. This shall be accomplished through an internal quality control process performed by the CONSULTANT. This quality control process shall insure that objective and qualified individuals who were not directly responsible for performing the initial work achieve quality through checking, reviewing, and surveillance of work activities. Prior to submittal of the first invoice, the CONSULTANT shall submit to the Project Manager for approval the proposed method or process of providing quality control for all work products. The Quality Control Plan shall identify the products to be reviewed, the personnel who perform the reviews, and the method of documentation. The CONSULTANT will be responsible for the inclusion of the Quality Assurance Checklist indicating the CONSULTANT's quality control process has been completed. The CONSULTANT shall review all reports prepared by sub - CONSULTANTs. 2.0 ENGINEERING ANALYSIS AND REPORTS The CONSULTANT shall coordinate and perform the appropriate level of engineering analysis for this project as outlined in Part 1, Chapter 4 of the PD &E Manual and the following sections. Data Collection Upon notice to proceed, the CONSULTANT shall begin preliminary assessments of the study corridor from an engineering standpoint. This task is largely of a data gathering nature. This activity consists of collecting various information and materials relative to the performance of engineering analyzes within the study area. The information should include all data necessary to perform adequate evaluation of the location and design of a transportation facility. 2.1 Field Review The CONSULTANT shall conduct all anticipated field trips needed to collect engineering data 2.2 Aerial Photography Use Aerial Photography as a basis for plotting various data necessary for both engineering and environmental analysis, alternative corridor and design studies, and the development of the preliminary plans of conceptual design. Copies of aerial photography are the prime source of information used to convey project considerations to the public at public meetings. The CITY is providing the CONSULTANT with the aerial photography. - 10- City of Miami Beach West Avenue Bridge PD &E Scope of Services Page - 11 - of 26 4/14/2011 2.3 Survey This task is for the CONSULTANT to coordinate with the survey staff regarding project requirements, review of survey data, and scheduling. The CITY can provide a Legal Description of the project area and a "Sketch to Accompany a Legal Description ". 2.4 Existing Roadway Characteristics This task includes gathering data on pertinent corridor physical features and conditions which help in better understanding the existing roadway segments under consideration in this contract. Most of this information is available from the CITY; however other references including field observations and interviews with knowledgeable people will yield additional data. CITY sources include project files, contract documents and right -of -way maps, Roadway Characteristic Inventory, and drainage maps. The CONSULTANT shall be responsible to procure the entire engineering data list in Part 1, Chapter 4 of the PD &E Manual and other data necessary to conduct a PD &E study and prepare Project Development Summary Report as described in the ETDM Manual. The CONSULTANT shall develop a CADD database, supported by computer spreadsheets, that includes all existing highway characteristics noted above, as appropriate. CADD database information shall be compatible for use on aerial photography used for Public Hearing displays, the Corridor Base Map(s), and Conceptual Design Plans. 2.5 Existing Structure Characteristics This task includes gathering data on existing structures using the same means as stated above in Section 2.4. 2.6 Traffic Data The CONSULTANT will furnish 7 -day traffic machine counts (Bidirectional volumes at 15- minute increments) at two locations to be determined. In addition, the CONSULTANT will furnish 72- hour traffic machine counts (Bi /Uni directional volumes at 15- minute increments) at the following locations at a minimum: 1. Dade Boulevard between Purdy Avenue & Bay Road 2. Dade Boulevard between Bay Road and West Avenue 3. Dade Boulevard between West Avenue and Alton Road 4. Dade Boulevard east of Alton Road 5. West Avenue between 20 Street and 18 Street 6. West Avenue between 18 Street and Dade Boulevard 7. West Avenue between 17 Street and Lincoln Road 8. Alton Road north of 20 Street 9. Alton Road between 19 Street and 20 Street 10. Alton Road between 18 Street and 19 Street 11. Alton Road between Dade Boulevard and 17 Street 12. Alton Road south of 17 Street 13.20 Street between Sunset Drive and Alton Road 14.20 Street between Sunset Drive and West Avenue 15. 20 Street east of West Avenue 16.17 Street between Bay Road and West Avenue 17.17 Street between West Avenue and Alton Road 18.17 Street east of Alton Road 19. Bay Road north of Dade Boulevard 20. Sunset Drive north of 20 Street - 11 - City of Miami Beach West Avenue Bridge PD &E Scope of Services Page - 12 - of 26 4/14/2011 21. Sunset Drive south of 20 Street Based on an analysis of the 72 -hour traffic machine counts and evaluation of current and future development trends (traffic generators) the CONSULTANT will then perform 6 -hour manual vehicle turning movement counts for peak hours at the following intersections: 1. 20 Street & Alton Road 2. 20 Street & Sunset Drive 3. 20 Street & West Avenue 4. Dade Boulevard & Bay Road /17 Street 5. Dade Boulevard & West Avenue 6. Dade Boulevard & Alton Road 7. 17th Street and West Avenue 8. 17 Street and Alton Road The CONSULTANT perform Origin- Destination (0 & D) studies along for a six hour period in both the northbound and southbound directions within the study area along the following route: West Ave to 17 St to Alton Rd to either continue on Alton Rd or continue onto Dade Blvd. 2.7 Crash Data The CONSULTANT shall obtain available data from the previous five (5) years from FDOT and local sources for various roadway segments required. 2.8 Existing Signage Inventory (Limited Access Only) The CONSULTANT will be responsible for inventorying the existing signage along the project corridors. 2.9 Utilities & Railroads The CONSULTANT shall obtain information in accordance with Part 2, Chapter 10 of the PD &E Manual. 2.10 Transportation Plans The CONSULTANT shall obtain plans for all modes of transportation including surface, transit and non - motorized modes. The following plans or studies should be obtained: • Urban Area Transportation Study, and if applicable, County Cost Feasible and Needs Plans • Local Comprehensive Plans; CITY and county • Transit; rail, bus, other • Non - motorized modes, including bikeways and pedestrian walkways 2.11 Soils The CONSULTANT shall review the United States Department of Agriculture, Geological Survey, Natural Resource Conservation Service (formerly Soil Conservation Service) Maps and summarize the findings. The CONSULTANT must address all tasks outlined in Section 30 Geotechnical of the updated Scope of Services for Highway and Bridge /Structural Design dated March 22, 2002, and all subsequent revisions, applicable to the needs of this project. 2.12 Base Map The CONSULTANT shall develop a CADD database that includes existing characteristics. CADD database information shall be compatible for use on aerial photography used for public hearing presentations, corridor maps, and concept plans. - 12- City of Miami Beach West Avenue Bridge PD &E Scope of Services Page - 13 -of26 4/14/2011 Needs 2.13 Safety The crash review and analysis will be performed in the following logical sequence: • The first phase will be the development of five year crash summaries (2005 through 2009) for the study area and an identification of crash cluster locations within each segment. Information provided by the City will have to be manually inputted into the standard FDOT database format and will be augmented with information received from the FDOT on the State Roads within the study area. The information received from the FDOT on High Crash List (HCL) spots and segments within the study area will be used as input to this initial crash analysis phase. Crash cluster locations will be identified for potential expected value analysis based on crash type frequency at each cluster location. It is understood that the Expected Value analysis will be confined to those intersections whose lane use configuration matches one of the intersection type expected value tables. Crash clusters that are identified at intersections which do not fall into an expected value intersection type or are identified at segment locations (outside the influence of an intersection) will be reviewed for prevalent crash patterns that may also require further assessment. • The next phase entails performing the expected value analysis at those intersections where there is evidence of crash types whose annual crash frequency may exceed their expected values. • The final phase further evaluates those crash cluster locations where critical (abnormal) crash patterns are identified. This phase will include documenting the critical /prevalent crash patterns, conducting site reviews, developing proposed countermeasures (including preliminary cost estimates) to mitigate the critical crash patterns, and preparing the text /tables /charts to be included in the PD &E study. 2.14 Analysis of Existing Conditions The CONSULTANT shall analyze the existing conditions in order to identify any deficiencies that are to be identified in the Needs section. 2.15 Purpose and Need Statement The CONSULTANT shall update and verify the purpose and need for the project from the Programming Summary Report as outlined in Part 2, Chapter 5 of the PD &E Manual. Design Analysis Utilizing the data collected as part of this Scope of Services, the CONSULTANT shall perform the engineering analysis necessary to complete the project development process. The task of engineering analysis will be ongoing throughout the duration of the project and will be performed with consideration to the results of the environmental impacts analysis. After selection of viable corridor(s), the CONSULTANT shall develop and analyze alternate conceptual design alternatives. The development of the design alternatives shall consider context sensitive solutions. The CONSULTANT shall develop and evaluate all viable alternatives in order to address the project needs. 2.16 Design Analysis The CONSULTANT shall use aerial photography to identify possible alternate designs while giving consideration to the following alignment controls: • Available right -of -way through which an improvement providing acceptable service could be routed. • Cultural features including public and private development. - 13 - City of Miami Beach West Avenue Bridge PD &E Scope o g p f Services Page g f 26 4/14/2011 • Natural features which could be impacted by the project. • Logical termini giving consideration to directness, length, and service. The CONSULTANT shall analyze and evaluate each alternate to a point of rejection or selection as a viable design. The impacts for each alternative shall be identified and expressed in a form suitable for comparison to other alternatives. It will be necessary to analyze in sufficient detail to identify enough differences to select the most viable corridor(s) that would be in the best overall public interest. The CONSULTANT shall document the results of the design analysis and provide a recommendation for the best design. Design Base Maps The CONSULTANT will draw Design Base Maps on Aerial Photography. The Base Maps will be prepared at a scale of 1:20. 2.17 Traffic Analysis a. Project Traffic and Concept Report The CONSULTANT's Project Traffic Report shall include at a minimum: 1. An Executive Summary, Introduction 2. Existing Conditions /Inventory 3. Crash Data (as defined in Section 2.7) 4. Traffic Forecasting Methodology 5. Development of Future Year Demand Traffic (AADT) 6. Development of applicable Traffic Factors 7. Traffic Analysis Factors (peak hour factor, driver population factor) 8. Design Hour Demand Traffic (both DHV and DDHV) 9. Analysis of Existing Conditions 10. Development of Future Mainline Requirements 11. Cross Street Geometry Requirements 12. Traffic Information Worksheets for Air and Noise Quality 13. Estimates of Required Storage Length for Major Intersections 14. "Details and Engineering Technical Write Up of Analysis Techniques Used As Determinates for Recommendations and Provisions for Appended Information" to support all technical recommendations. The CONSULTANT shall submit 5 hardcopies with appendix CD /DVD plus an electronic submittal with all components of the report in PDF, Word, original graphic file input, appendix information, electronic data files for level of service analyses will be included in the electronic submittal. The CITY shall review and approve the Draft Project Traffic and Concept Report. b. Existing Conditions /Inventory - 14- City of Miami Beach West Avenue Bridge PD &E Scope of Services Page - 15 - of 26 4/14/2011 Existing Conditions /Inventory shall include but not be limited to review of all project corridor(s) by a professional engineer, collection of all available traffic data information (from 2004, 2005,2006, 2007 and 2008) and Crash Data (as defined in Section 2.7). Review of all available FDOT /Miami -Dade County data resources such as: 1. Roadway Characteristics Inventory 2. FDOT Traffic Count Information 3. Local traffic count information 4. Traffic signal inventory/timing information 5. Review of all currently approved improvements along cross streets and project mainline within a 5 year period from the date of issuance of this project 6. Review of previously approved actions for this corridor and /or cross streets (local, State or Federal) Analysis of Existing Conditions on existing facilities shall include but not be limited to a complete evaluation using all applicable modules or manual techniques as described within the 2000 Highway Capacity Manual or HCM (or latest equivalent thereof). The CONSULTANT's analysis will at a minimum include mainline, ramp merge /diverge, weaving section and cross street traffic signals within 1/8 of a mile of each other starting at each respective ramp terminal until such spacing is greater than 1 /4 mile. The CONSULTANT will need to document each element of Level of Service for each component as noted above. These elements will be compared to the currently adopted FDOT Level of Service Criteria as defined in the FAC 14 -94 for the FIHS and SIS facilities. This criteria shall apply for all mainline, ramp merge /diverge and weaving sections. For other facilities controlled by traffic signals, the standard shall be the adopted LOS (using FAC 14 -94 for State Roads and Locally Adopted LOS for Local Roads). Examples of this would be LOS E at intersections for a State Road, with no failing movements, with a locally adopted LOS Standard of C. A summary of all elemental LOS components will be denoted in text, table, and graphic format with analyses sheets provided in a logically labeled and identified appendix (page numbered). Each Location not meeting the adopted LOS shall be denoted in text, table, and graphic format. The analysis of existing conditions will contain a quantitative and qualitative of current operational deficiencies and potential remedial improvements that could improve the existing deficient operation. The CONSULTANT shall review all available traffic count information provided from the FDOT and County /CITY. The CONSULTANT shall provide a list of supplemental locations needed to the CITY for traffic count data. The CONSULTANT shall be responsible for developing Traffic Factors (K, K30, D, D30 T factor for peak hour and T factor for daily) based on the information from the FDOT Traffic Count Database. The CONSULTANT shall make recommendations for Traffic Analysis Factors (peak hour factor, driver population factor). c. Traffic Forecasting Methodology The CONSULTANT will be responsible for developing the Project Traffic Forecasts for this project. The project forecast years and analysis years are -- existing year, -- opening - 15 - City of Miami Beach West Avenue Bridge PD &E Scope of Services Page - 16 - of 26 4/14/2011 year, - mid - design year and -- design year. Future Travel Demand will be established using the locally adopted Southeast Florida Regional Planning Model (SERPM) for the area as provided by the local Metropolitan Planning Organization (MPO). In addition, the CONSULTANT shall review the traffic forecasting model and shall review the current zonal data information for the MPO's horizon year based on currently observed development trends to extrapolate traffic analysis zone (TAZ) data to the design year, if necessary. The adopted SERPM will be enhanced for the study area to develop a forecasting tool appropriate for the project. Enhancements will include network improvements such as new facilities, adjustments to centroid connectors and to TAZ's which may include the creation of new TAZ's within the study area and reallocation of the socioeconomic data within each TAZ. Once a baseline no -build model has been developed for the study area, a maximum of three (3) alternative build options will be modeled to determine future year Project Traffic Forecasts. The CONSULTANT shall provide comparative tables and model plots to formulate a basis in determining future year Project Traffic Forecasts. In addition, the CONSULTANT shall review and compare historical traffic count growth trends using information from the FDOT Traffic Count database and local information given a minimum of five continuous years of data at the same location. Other sources of information that the CONSULTANT may review are economic forecasts for the area as provided by local Chamber(s) of Commerce, local Real Estate Professional Association, and other local information sources such as the Economic Development Council. All information as gathered in Sections 2.6.a subsection 1 through 3 above will be summarized in a technical memorandum to be submitted to the CITY. All information is to be submitted in text, tabular and graphic format. The CITY will review the information provided in the Technical Memorandum and provide approval to use the information contained therein to develop final Average Annual Daily Traffic (AADT), Design Hourly Volumes (DHV), and Directional Design Hourly Volumes (DDHV). The CONSULTANT shall then prepare the Final Project Forecast Technical Memorandum containing all information in the Draft Project Traffic Forecast Technical Memorandum and will include the final AADT, DHV, and DDHV information. All information as presented will be in text, tabular and graphic formats with all support information contained within appendices in a logically order sequence including page numbers. d. Configurations Analysis The CONSULTANT shall evaluate the following scenarios in determining future mainline lane configurations for all corridors: (1) Existing Lane Configurations (2) Currently Approved Master Plan Concepts and previous PD &E Configurations. This configuration should be reflected in the currently approved Long Range - 16 - City of Miami Beach West Avenue Bridge PD &E Scope of Services Page -17 -of 26 4/14/2011 Transportation Plan for the MPO. This shall be reviewed and confirmed by the CONSULTANT with the CITY and MPO. The CONSULTANT shall use the DDHV's as developed within the Project Traffic Forecast Technical Memorandum to test the basic roadway mainline level of service for each alternative. The analysis will be consistent with procedures and techniques as defined by the 2000 HCM (or latest equivalent thereof). The results of the analysis will be summarized in text, table, and graphic format. Associated computer input and output sheet will be provided in a logically ordered appendix. In the event that all alternatives as provided above do not provide a minimum mainline LOS D condition, the CONSULTANT will have to evaluate multimodal options that will impact the proposed median envelope of all mainline alternative corridors. The CONSULTANT shall prepare a Draft, Draft Final and Final Project Traffic and Concept Report for this project. The Project Traffic and Concept Report should include information defined below but will not omit all pertinent data, information, analyses and lane line diagrams to make a definitive decision as to a final overall concept plan for new or existing alternatives. The CONSULTANT shall prepare lane line configuration (stick figure) drawings of at least three mainline and intersection configuration diagrams to the CITY for all the alternatives. 2.18 Typical Section Analysis The CONSULTANT shall develop all appropriate typical section alternatives for the project. These will include the CITY's standard typical sections, and any typical sections that may result in minimizing right of way, and incorporating context sensitive solutions. 2.19 Roadway Design Alternatives The CONSULTANT shall identify, develop, and analyze up to three (3) feasible Design Alternatives as outlined in Part 1, Chapter 4 of the PD &E Manual. 2.20 Prepare Alternative Concept Plans The CONSULTANT will overlay Concept Plans on the base maps. 2.21 Drainage and Floodplain Analysis The CONSULTANT shall perform preliminary drainage design in order to determine potential outfall locations and preliminary sizes (volume and area) of required detention and /or retention facilities for storm water treatment or attenuation. The location and size of potential detention /retention areas will be determined for all viable alternate alignments. The CONSULTANT shall prepare a Drainage and /or Pond Siting Report, as applicable, for the project in accordance to the CITY's Stormwater policies. The CONSULTANT shall prepare a Location Hydraulics Report for the project in accordance with Part 2, Chapter 24 of the PD &E Manual. 2.22 Structures The CONSULTANT will evaluate conceptual structures vertical and horizontal alignments only for the new bridge that is to be constructed. 2.23 Access Management The CONSULTANT shall review the CITY's access management policies and determine their application to the project. The CONSULTANT shall determine the proper access classification and standard to be - 17- City of Miami Beach West Avenue Bridge PD &E Scope of Services Page -18 -of 26 4/14/2011 applied to the project. The proposed access management plan shall be presented as part of the public involvement process. If an Access Management Classification /Reclassification Public Hearing is required, it will be combined with another public meeting. 2.24 Multi -modal Accommodations The CONSULTANT will coordinate with transit and local government officials in order to determine what multi -modal accommodations will be studied and evaluated as part of the project alternatives. This task only includes existing and planned multi -modal facilities. 2.25 Maintenance of Traffic Analysis The CONSULTANT will analyze the design alternatives for constructability, and the ability to maintain traffic. If the constructability analysis indicates that there will be a substantial cost to maintain traffic, the cost estimate will be included in the cost estimate for that alternative. 2.26 Geotechnical Coordination This task is for the CONSULTANT to coordinate with the geotechnical staff regarding project requirements, review of geotechnical data, and scheduling. 2.27 Intelligent Transportation Systems This item is not applicable for this project. 2.28 Utilities and Railroads Based on the coordination with the utility companies along the project the CONSULTANT shall prepare a Utility Assessment Package as described in Part 2, Chapter 10 of the PD &E Manual. The CONSULTANT will also address impacts to existing and proposed railroads. 2.29 Other Engineering Services • IMR /IJR Reports • Lighting Justification Report • Other Design Services Comparative Analysis of Alternatives The CITY will determine which viable alternative(s) to further evaluate through the public involvement process and environmental analysis. The possibility exists that the No -Build alternative may be selected at this point. 2.30 Comparative Analysis and Evaluation Matrix After developing the viable alternatives and costs, the CONSULTANT will prepare a matrix comparing the impacts and costs of the alternatives evaluated, with a recommendation of the most viable alternative(s). The CONSULTANT shall present their recommendations to the CITY for consideration. 2.31 Selection of Preferred Alternative(s) The CONSULTANT shall recommend a preferred alternative(s) based on a review and analysis of all engineering, environmental, and public involvement issues related to the project. 2.32 Conceptual Design Plans (Preferred) The CONSULTANT will finalize concept plans for the preferred alternative that include refinements from the public hearing. - 18 - City of Miami Beach West Avenue Bridge PD &E Scope of Services Page - 19 - of 26 4/14/2011 2.33 Identify Construction Segments The CONSULTANT shall analyze the preferred alternative and identify any construction segments that can be implemented. 2.34 Value Engineering Value Engineering is not required for this project. 2.35 Construction Cost Estimates The CONSULTANT shall develop construction cost estimates and updates for design alternatives. 2.36 Right Of Way Cost Estimates This item is not applicable for this project. 2.37 Typical Section Package The CONSULTANT will prepare the Typical Section Package in accordance with the FDOT Plans Preparation Manual (excluding pavement design). Pavement Type Selection (geotechnical and other support). 2.38 Design Exceptions and Variations: The CONSULTANT will identify and prepare exception and variations package(s) for approval in accordance with FDOT's Plan Preparation Manual, if needed. 2.39 Project Development Summary Report (PDSR) The CONSULTANT shall prepare a Project Development Summary Report (PDSR) to document the Project Development process. The PDSR shall be developed in accordance with Part 1 Chapter 4 of the PD &E Manual. 2.40 Quality Control The CONSULTANT shall be responsible for ensuring that all work products conform to CITY standards and criteria. This shall be accomplished through an internal quality control process performed by the CONSULTANT. This quality control process shall insure that objective and qualified individuals who were not directly responsible for performing the initial work achieve quality through checking, reviewing, and surveillance of work activities. Prior to submittal of the first invoice, the CONSULTANT shall submit to the CITY's Project Manager for approval the proposed method or process of providing quality control for all work products. The Quality Control Plan shall identify the products to be reviewed, the personnel who perform the reviews, and the method of documentation. The CONSULTANT will be responsible for the inclusion of the Quality Assurance Checklist indicating the CONSULTANT's quality control process has been completed. The CONSULTANT shall review all reports prepared by sub - consultants. 3.0 ENVIRONMENTAL ANALYSIS AND REPORTS The CONSULTANT shall coordinate and perform the appropriate level of environmental analysis for this project as outlined in the PD &E Manual and the following references. The CONSULTANT shall utilize the Programming Summary Report and graphical information from the Environmental Screening Tool (EST) available at http: / /www.dot.state.fl.us /emo, or other appropriate database. Data base information shall be compatible for use on base maps used for public presentations, corridor maps, and alternative plans. - 19- City of Miami Beach West Avenue Bridge PD &E Scope o e & S g p f Services Page- 20 -of26 4/14/2011 The level of effort for the following work activities shall be commensurate with the level of impact identified in the final Programming Summary Report. If the Summary Degree Of Effect from the Final Programming Summary Report is "No Involvement ", or "None ", for an activity, the activity will be marked N/A in the Scope of Services. Sociocultural Effects The CONSULTANT shall collect data regarding the following Sociocultural issues. Pertinent data shall be collected, analyzed and summarized in the appropriate section of the Project Development Summary Report (PDSR). Pertinent data shall also be displayed on the base map, as applicable. These issues shall be analyzed in accordance with Part 2, Chapter 9 of the PD &E Manual and the Sociocultural Effects Evaluation Handbook (available at http : / /www.dot.state.fl.us /emo). 3.1 Land Use Changes (N /A) The ETDM Screening has resulted in a Summary Degree of Effect of Moderate; however this section is not applicable. Issues identified as needing further study included the addition of the project into the City's Comprehensive Plan and in the Miami -Dade County Metropolitan Planning Organization's (MPO) Transportation 2035 Long Range Transportation Plan (LRTP). Since the completion of the Programming Screen, the Project has been included in the 2035 LRTP. The project is funded in the TIP as follows: Fiscal Year (FY) 08/09 for PD &E; FY 09/10 for Final Design; and Construction is planned for 2011. While this project is not specifically identified within the Miami -Dade County Comprehensive Plan, it is consistent with the document due to the fact that both the LRTP and TIP are adopted as part of the Comprehensive Plan's Transportation Element. 3.2 Social • The ETDM Screening has resulted in a Summary Degree of Effect of Minimal. Due to the limited presence of community features and residential uses within the immediate project vicinity of the preferred alternative, the proposed low -level bridge design including pedestrian and bicycle lanes, and the assurance in the Feasibility Study that the project must not adversely impact the accessibility of traffic into and out of existing establishments, the overall project effects on community character and cohesion are anticipated to be minimal. 3.3 Economic The ETDM Screening has resulted in a Summary Degree of Effect of Enhanced. The proposed West Avenue Bridge is anticipated to alleviate some traffic congestion along the Alton Road corridor and facilitate traffic flow through the area by providing a more direct connection to the Sunset Neighborhood, therefore linking residential and commercial businesses. Due to the anticipated economic benefits to the local economy, the degree of effect assigned to this issue is enhanced. 3.4 Mobility The ETDM Screening has resulted in a Summary Degree of Effect of Minimal. The proposed West Avenue Bridge is anticipated to help alleviate traffic congestion along Alton Road and along 17th Street, and would improve transit, bicycle, and pedestrian mobility and safety in the South Beach Neighborhood. Overall mobility within the area is anticipated to be enhanced as a result of the proposed improvement. Issues identified as needing further study include: - 20 - City of Miami Beach West Avenue Bridge PD &E Services e e ad & Scope o Se ce s g P f Page - 21 - of 26 4/14/2011 • Accessibility: transit facilities, intermodal connectivity, transportation disadvantaged access, residential to non - residential connectivity, bicycle and pedestrian issues, public parking, park and ride facilities, walkability, emergency response and evacuation routes, and safety. 3.5 Aesthetics The ETDM Screening has resulted in a Summary Degree of Effect of Moderate. Within the 500 - foot buffer, there are 15 Florida Site File Historic Standing Structures and 2 FDOT RCI Bridges which could potentially be affected by the project. Based upon the surrounding land uses in the area, the proximity of bridges with similar characteristics and the low -level bridge conceptual design (which includes pedestrian and bicycle lanes), the project is not anticipated to affect the visual aesthetics of the neighborhood. However, due to the presence of Historic Standing Structures and FDOT RCI Bridges within the project area, impacts on community aesthetics as a result of this project are anticipated to be moderate. Potential aesthetic effects will be assessed further by the City of Miami Beach during Project Development as more detailed information becomes available. Potential noise and vibration effects will be evaluated per Volume II, Chapter 17 of the PD &E Manual. 3.6 Relocation Potential The ETDM Screening has resulted in a Summary Degree of Effect of Moderate. Due to the presence of cultural resources within the immediate project area and the identified potential effects to parcels within the vicinity of the project, potential relocation effects (at this time) are anticipated to be moderate. These effects will be assessed further during development of the final intersection design. Cultural Resources 3.7 Archaeological and Historic Resources The CONSULTANT shall implement a Cultural Resources study to completely analyze the impacts to all cultural resources by all proposed alternatives, including all viable ponds. All work shall be conducted by a professional qualified under the provisions of 36 CFR 61, and be done in compliance with the National Historic Preservation Act of 1966 (Public Law 89 -665, as amended) and the implementing regulations (36 CFR 800) as well as with the provisions contained in Chapter 267, Florida Statutes. This task includes identifying and analyzing impacts to archaeological sites and historic resources within the project Area of Potential Effects (APE), including documentation and coordination with appropriate agencies as per Part 2, Chapter 12 of the PD &E Manual, and the Department's Cultural Resource Management Handbook. In addition, attendance at public meetings may be required. The CONSULTANT will also review and address any resources listed in the Environmental Screening Tool (EST) by the State Historic Preservation Office (SHPO) Environmental Technical Advisory Team (ETAT) member. (work estimate should be based on number of identified sites.) a. Research Design Methodology: The CONSULTANT will prepare a Research Design and Survey Methodology for the project, to be submitted to the CITY for approval prior to the initiation of field work. The CONSULTANT shall identify and map out the zones of probability for the project study area, and identify any previously recorded resources. The Area of Potential Effect (APE) will be determined (including pond sites). b. Cultural Resources Assessment Survey (CRAS) - 21 - City of Miami Beach West Avenue Bridge PD &E Scope of Services Page - 22 - of 26 4/14/2011 Field Work: The CONSULTANT shall identify any archaeological sites within the project area, both previously recorded and potentially eligible, and excavate the appropriate number of test pits. The CONSULTANT shall identify any existing historic resources within the project area, both previously recorded and potentially eligible. The CONSULTANT will also locate, identify and bound any additional cultural resources included on the Florida Master Site File (FMSF) and all structures 45 to 50 years older (depending upon the length of time anticipated before construction). Enough data will be collected to document each site's significance in terms of eligibility for listing on the National Register of Historic Places (NRHP). Documentation: The CRAS will be prepared with appropriate documentation detailing the results of the survey and the final assessments of resource significance, and including a FMSF form for all identified resources. The Research Design Methodology and the Pond Site Technical Memo will be included in the CRAS appendix. c. Pond Site Technical Memorandum: The CONSULTANT will identify and clear pond sites for the preferred project alternative. The results of this work are to be documented in a technical memorandum, which will be included as an appendix to the CRAS. d. Determination of Eligibility (DOE): If required, the CONSULTANT will prepare a DOE for each resource determined to be significant. The DOE package will include an NRHP registration form, and the DOE's will be included as a CRAS appendix. e. Case Study Report: If required, a Section 106 Case Study Report, documenting the application of the Criteria of Effect, will be prepared. f. Memorandum of Agreement (MOA): The CONSULTANT will assist the DEPARTMENT with the preparation of a Section 106 MOA, if required. g. Section 4(f) Evaluation: The CONSULTANT will prepare and coordinate a Section 4(0 Evaluation, if required. (This document may be separate from the parks and recreation 4(f) document. See section 3.8) The District needs to determine need for separate document h. Section 106 Consultation Meetings: The CONSULTANT will assist the CITY with coordination of a Section 106 Consultation meeting, if required. i. Native American Coordination: If required, the CONSULTANT will assist the CITY with coordination with any Native American tribes that have or wish to have involvement or input on the project or any site of relevance to them. j. Section 106 Public Involvement: If required, the CONSULTANT will assist the CITY with public involvement for Section 106. 3.8 Section 4(f) In accordance with Part 2, Chapter 13 of the PD &E Manual. Natural Resources 3.9 Wetlands and Essential Fish Habitat In accordance with Part 2, Chapters 11 and 18 of the PD &E Manual. This includes a Conceptual Mitigation Plan, if applicable. - 22 - City of o Miami Beach West Avenue Bridge PD &E Scope of Services Page - 23 - of 26 4/14/2011 3.10 Water Quality In accordance with Part 2, Chapter 20 of the PD &E Manual. 3.11 Special Designations In accordance with Part 2, Chapters 19, 21, 23, and 26 of the PD &E Manual, respectively • Outstanding Florida Waters • Wild And Scenic Rivers • Aquatic Preserves • Coastal Barrier Resources 3.12 Wildlife and Habitat In accordance with Part 2, Chapter 27 of the FDOT PD &E Manual. 3.13 Identify Permit Conditions The CONSULTANT shall identify permit conditions, and type of permits required. This task includes the review of maps and data in order to determine p ermit related information for the project or add scope to identify what tasks should be done in accordance with agreements with the ermittin agencies. p 9 9 For projects where permits are required as part of the PD &E Study, see Section 4.3. 3.14 Farmlands In accordance with Part 2, Chapter 28 of the PD &E Manual. Physical 3.15 Noise In accordance with Part 2, Chapter 17 of the PD &E Manual. 3.16 Air Quality In accordance with Part 2, Chapter 16 of the PD &E Manual. 3.17 Construction Impact Analysis In accordance with Part 2, Chapter 30 of the PD &E Manual. 3.18 Contamination The CONSULTANT shall perform the necessary analysis to complete the Contamination Screening Evaluation for all viable alternatives, and complete the Contamination Screening Evaluation Report as described in Part 2, Chapter 22, of the PD &E Manual. -23 - City of Miami Beach West Avenue Bridge PD &E Scope of Services Page- 24 -of26 4/14/2011 Environmental Reports The Environmental Documents prepared by the CONSULTANT will comply with the procedures listed in the PD &E Manual, Part 1, and will also follow the format and include content described in Part 2 of the PD &E Manual. The task of documentation includes the preparation of draft and interim reports prepared by the CONSULTANT for review and comment upon by the CITY prior to producing final reports and documents. 3.19 Class of Action Determination required A Type 2 Categorical Exclusion is the expected level of environmental documentation re p q for this ro'ect. The CONSULTANT will complete the Environmental Determination Form p J p o to document the Categorical Exclusion as described in Part 1, Chapter 5, of the PD &E Manual. The CONSULTANT will also provide all the documentation required by the PD &E Manual. 3.20 Quality Control The CONSULTANT shall be responsible for insuring all work products conform to the CITY's standards. 4.0 MISCELLANEOUS SERVICES 4.1 Contract and Project Files Project Management efforts for complete setup and maintenance, developing monthly progress reports, schedule updates, work effort to develop and execute sub - consultant agreements etc. Progress reports shall be delivered to the CITY in a format as prescribed by the CITY and no less than 10 days prior to submission of the corresponding invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. Within ten (10) days after the Notice to Proceed, the CONSULTANT shall provide a schedule of calendar deadlines accompanied by an anticipated payout curve. Said schedule and anticipated payout curve shall be prepared in a format prescribed by the CITY. 4.2 Project Management Meetings and Coordination The CONSULTANT shall meet with the CITY as needed throughout the life of the project. It is anticipated five (5) meetings will be needed. These meetings will include progress and miscellaneous review and other coordination activities with the CITY. 4.3 Additional Services Preparation of scope and staff hours for the additional services will involve reference to the Standard Scope of Services, Staff Hour Estimation Forms, and Staff Hour Estimation Basis for Highway and Bridge /Structures Design. - 24 - City of Miami Beach West Avenue Bridge PD &E Scope of Services Page- 25 -of26 4/14/2011 Architectural Design Analysis 350 Hours The CONSULTANT's scope of work shall include conceptual and analytical design studies of the proposed bridge and its immediate context. Together with the engineering team, the architect shall explore a variety of ideas in relation to space, form and detail. The schemes will also seek to define the best possible integration of bridge and surrounding context. 4.3.1 Meetings 24 Hours The CONSULTANT will attend three planning and design meetings with The Client and the project team for involvement in the project development and bridge structures design. 6 hours per meeting plus two hours for prep for two meetings. (6 +2) x 3 = 24 4.3.2 Alternatives Analysis 160 Hours Perform a comparative analysis of the most viable architectural design alternatives. Utilize community and general public input into selecting a preferred aesthetic alternative. Analyze in a 3d model the immediate areas to the north and south of the proposed bridge site. This conceptual urban design study will integrate and connect the space and aesthetics of the bridge with the existing sidewalks, water's edge, potential park and current and future buildings in the area. A minimum of 3 contextual 3d sketches will be produced to illustrate the proposed solutions. 4.3.3 Development of a Bridge Aesthetics Report 130 Hours Develop and submit bridge aesthetics report. This research will include the review of several appropriate designs that will incorporate the structural and functional roles of the bridge. The CONSULTANT's scope will also include the conceptual selection of bridge traffic railings, lighting types, materiality and general signage. The CONSULTANT's deliverables shall include site plan, floor plan, elevation and 2 final renderings. 4.3.4 Public Involvement Activities 36 Hours Coordination with the public involvement form and the Client for two public meetings (Public Alternatives Workshop and Public Hearing) as required to present the Architectural concepts. Prepare necessary architectural related exhibits for meeting. 12 hrs prep per meeting plus 6 hrs per meeting for two meetings. (12 + 6 ) x 2 = 36 Landscape Architecture 80 Hours The consultant will provide the research data required to complete the typical planting concept analysis. The data collection effort will include any existing landscaping /aesthetic concept plans or documents, identify local ordinances and community desires, and coordination with the City's landscape architect. The consultant will provide a site inventory analysis including the identification of general opportunities and constraints for the proposed project based upon existing site conditions. Identify the general impact of existing trees /plants based upon the conceptual design. The consultant will outline any potential benefits which can be provided to the area planting scheme as part of the design concept. The consultant will develop a preliminary conceptual planning scheme for the project concept and provide reasonable revisions to this scheme from City's landscape architect. Permitting is included during the PD &E Study on all or portions of the project. Permitting services may include consideration of the following sections of the Standard Design Scope of Services: 4. Roadway Analysis - 25 - City of Miami Beach West Avenue Bridge PD &E Scope of Services Page -26 -of 26 4/14/2011 5. Roadway Plans 6. Drainage Analysis 8. Environmental Permits 27. Survey 28. Photogrammetry 29. Mapping 30. Geotechnical 5.0 METHOD OF COMPENSATION Payment for the work accomplished will be in accordance with Exhibit B of this contract. Invoices shall be submitted to the CITY. The Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the CITY. Payments will not be made that exceed the percentage of work identified in the approved payout curve and schedule provided in accordance with Section 4.1. 6.0 SERVICES TO BE PERFORMED BY THE CITY The CITY will provide those services and materials as set forth below: • Project data currently on file. • All available information in the possession of the CITY pertaining to utility companies whose facilities may be affected by the proposed construction. • The CITY will provide the aerial photography. • All future information that is in possession or may come to the CITY pertaining to subdivision plans, so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right -of -way. • Process Advance Notification and all environmental and engineering documents including the Permit Coordination Package. • Coordinate with the State Historic Preservation Officer. • Existing CITY right -of -way maps. • A Legal Description of the project area and a "Sketch to Accompany a Legal Description ". • The CITY will provide available Miami Beach Police Department crash data. F: \WORK \$ALL \(1) EMPLOYEE FOLDERS \Darlene Fernandez \West Avenue PD&E\WEST AVE BRIDGE SCOPE OF SERVICES 3-31 - 2011.doc - 26 - SCHEDULE B PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH & GANNETT FLEMING, INC. PREPARATION FOR THE PROJECT DEVELOPMENT AND ENVIRONMENT STUDY FOR THE WEST AVENUE BRIDGE PROJECT (PURSUANT TO RFQ NO. 48- 09/10) CONSULTANT COMPENSATION The City shall pay to the Consultant for performing the Services contemplated in this (as set Agreement 9 ( forth in Schedule A). Allowances defined within the Service Orders will be billed on a Not -To- Exceed Basis. NOT -TO- EXCEED (NTE) A not -to- exceed compensation based fee is a fixed dollar amount (more commonly referred to as an Upper Limit), inclusive of all charges set forth in each approved Service Order. 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E ,„ up O y W Q O J 1 W — � U W SCHEDULE C PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH & GANNETT FLEMING, INC. PREPARATION FOR THE PROJECT DEVELOPMENT AND ENVIRONMENT STUDY FOR THE WEST AVENUE BRIDGE PROJECT (PURSUANT TO RFQ NO. 48- 09/10) CONSULTANT'S HOURLY BILLING RATE SCHEDULE Position Hourly Rate Architect $45.07 Assistant Public Information Officer $54.08 CADD /Computer Technician $57.81 Chief Archeologist $104.41 Chief Engineer $202.25 Designer $97.71 Engineer $87.14 Engineering Intern $85.75 Engineering Technician $54.08 Engineering Specialist $77.73 Geotechnical Engineer $120.19 Geotechnical Technician $54.08 Instrument Man $41.62 Landscape Architect $100.75 Party Chief $60.66 Planner $87 Project Engineer $118.30 Project Manager $170.73 Public Information Officer $84.13 Rod Man /Chain Man $33.95 36 CITY APPROVED A & E FORM (AUGUST 2010) SCHEDULE C PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH & GANNETT FLEMING, INC. PREPARATION FOR THE PROJECT DEVELOPMENT AND ENVIRONMENT STUDY FOR THE WEST AVENUE BRIDGE PROJECT (PURSUANT TO RFQ NO. 48- 09/10) CONSULTANT'S HOURLY BILLING RATE SCHEDULE (CONTINUED) Position Hourly Rate Scientist $88.91 Secretary /Clerical $54.23 Senior Archeologist $75.12 Senior Architect $113.31 Senior Engineer $151.50 Senior Engineering Technician $75.06 Senior Landscape Architect $122.47 Senior Planner $135.03 Senior Surveyor /Mapper $127.10 Senior Scientist $95.52 Survey Intern $93.75 Survey Technician $59.58 Surveyor /Mapper $93.90 37 CITY APPROVED A & E FORM (AUGUST 2010)