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Atkins North America, Inc. Agreement for PSA So Pointe Park c 201/— c276 .24 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE SOUTH POINTE PARK PIER PROJECT Resolution No. 2011 -27628 ATKINS NORTH AMERICA, INC MAY 2011 CORPORATE RESOLUTION OF ATKINS NORTH AMERICA, INC. RESOLVED, that the below named officers are authorized to execute documents on behalf of Atkins North America, Inc.: Robert J. Paulsen Chief Executive Officer L. Dean Fox President Barry J. Schulz President Donald J. Vrana Executive Vice President/Chief Financial Officcr Thomas F. Barry, Jr. Senior Vice President Larry A. Boatman Senior Vice President John R. Brandvik Senior Vice President Michael J. Buhler Senior Vice President David J. Carter Senior Vice President W. Bradley Dennard Senior Vice President C. Ernest Edgar, IV Senior Vice President/General Counsel'Secretary John M. Finochiaro Senior Vice President/ChiefTechnology Officer Marvin N. Fisher Senior Vice President Cecilia R. Green Senior Vice President Lawrence H. Hentz, Jr. Senior Vice President Kevin M. Hoeflich Senior Vice President Michael C. Hogan Senior Vice President Donna M. Huey Senior Vice President Mark A. Isaak Senior Vice President Keith Breon Jackson Senior Vice President Amir Kangari Senior Vice President Robert S. Lawson Senior Vice President Steven C. Malecki Senior Vice President Frank T. Martin Senior Vice President Charles A. Padua Senior Vice President Victor P. Patent Senior Vice President Mark A. Ramseur Senior Vice President Rob R. Reid Senior Vice President Douglas E. Robison Senior Vice President Matthew S. Baird Vice President Kenneth 3. Bums, Jr. Vice President Douglas W. Fredericks Vice President Justin P. Jones Vice President Glenn F. Myers Vice President Darrell A. Nance Vice President Benton L. Rudolph Vice President David R. Stewart Vice President Terri S. Vitar Associate Vice President FURTHER RESOLVED, that the following named officers are authorized to attest to the signatures of officers executing documents on behalf of Atkins North America, Inc: C. Ernest Edgar, IV Senior Vice President /General Counsel /Secretary James R. Steele, Jr. Vice President /Assistant Secretary Rene de los Rios Vice President /Assistant Secretary This resolution is adopted as of April 18, 2011 and remains in effect until a succeeding resolution is adapted. �.a" Af144 At 4 0 :�� C. Ernest Edgar, IV/Secretary Corporate Seal se • SEAL 1E 4 • 1960 1. Ah 0 •• TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1 DEFINITIONS 2 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 19 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 SCHEDULE B CONSULTANT COMPENSATION SCHEDULE C HOURLY BILLING RATE SCHEDULE D CONSTRUCTION COST BUDGET SCHEDULE E PROJECT SCHEDULE SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT SCHEDULE G INSURANCE AND SWORN AFFIDAVITS SCHEDULE H BEST VALUE AMENDMENT ATKINS NORTH AMERICA, INC. ii MAY 2011 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING (NE) SERVICES FOR THE SOUTH POINTE PARK PIER PROJECT This Agreement made and entered into this 09th day of May, 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 Atkins North America, Inc., a Florida Corporation having its principal office at 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida, 33607 (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, A/E services, for the Project, at the agreed fees set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of the aforestated professional services relative to the Project, as hereinafter set forth; and NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ATKINS NORTH AMERICA, INC. 1 MAY 2011 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. 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 in writing (including the Project Coordinator) with respect to any specific matter(s) 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 the Request for Qualification 04- 10/11 , entitled "Request for Qualification for Design, Bid, Award, and Construction Administration Services for the South Pointe Park Pier Project ", 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. Consultant shall provide the Project Coordinator with copies of the contract between Consultant and any sub - consultant's. Any such contracts 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 sub - consultants. Any approval of a sub - consultant by the City 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 City. Payment of sub - consultants shall be the responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Basic Services. The quality of services and acceptability to the City of ATKINS NORTH AMERICA, INC. 2 MAY 2011 the services performed by such sub - consultants shall be the sole responsibility of Consultant. The following sub - consultants are hereby approved by the City Manager for the Project: Morgan & Eklund, Inc.; Kaderabek . Com an P Y 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. ATKINS NORTH AMERICA, INC. 3 MAY 2011 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. 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, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ; 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. ATKINS NORTH AMERICA, INC. 4 MAY 2011 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 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. ATKINS NORTH AMERICA, INC. 5 MAY 2011 1 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 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 Consultant (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. Schedule D — Construction Cost Budget. Schedule E — Project Schedule. Schedule F — General Conditions of the Contract for Construction Schedule G — Insurance Requirements and Sworn Affidavits Schedule H — Best Value Amendment 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 the first Notice to Proceed which shall be ATKINS NORTH AMERICA, INC. 6 MAY 2011 issued by the Project Coordinator and counter - signed by Consultant. Subsequent Notices to Proceed shall also be issued by the Project Coordinator. A separate Notice to Proceed shall be required prior to commencement of each Task (as same are set forth in Schedule "A" hereto). 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 Florida Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami -Dade County) ordinances, 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 aware. Recognizing that the construction of other 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 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning, design, bidding /award, construction administration, and Additional Services [as may be approved]), all as further described in Schedule "A" hereto; and shall also include any and all of Consultant's responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the Contract for Construction (attached as Schedule "F" hereto). ATKINS NORTH AMERICA, INC. 7 MAY 2011 2.5.1 Planning Services: Consultant shall provide planning services for the Project, as required by the Contract Documents and as set forth in Task 1 of Schedule "A" hereto (entitled "Planning Services "). 2.5.2 Design Services: Consultant shall prepare Design Documents for the Project, as required by the Contract Documents and as set forth in Task 2 of Schedule "A" hereto (entitled "Design Services ") 2.5.3 Bidding And Award Services: Consultant shall provide bidding and award services for the Project, as required by the Contract Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding and Award Services "). 2.5.4 Construction Administration Services: Consultant shall provide construction administration services for the Project, as required by the Contract Documents and as set forth in Task 4 of Schedule "A" hereto (entitled "Construction Administration Services "). 2.5.5 Additional Services: If required (and so approved) by the City, Consultant shall provide Additional Services, as set forth in Task 5 of Schedule "A" hereto. 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, technical 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 approvals furnished by the City pursuant to this Agreement. 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: The term of this Agreement shall commence upon execution by the parties (subject to approval of the Agreement by the Mayor and City Commission) (the Effective Date), ATKINS NORTH AMERICA, INC. 8 MAY 2011 and shall be in effect until all Services are completed or until the work and /or services under the Notices to Proceed in force at the end of the stated period of time have been completed and the 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 Services shall be performed in a manner that shall conform with the approved Project Schedule, attached to as Schedule "E" 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 provided 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 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 by sub - consultants), within the specified time period and specified cost. The Consultant shall perform ATKINS NORTH AMERICA, INC. 9 MAY 2011 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 b 9 Y q by applicable law. The Project Coordinator shall notify the Consultant, in writing, any deficiencies Project Y g, y e clencies 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 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 ATKINS NORTH AMERICA, INC. 10 MAY 2011 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). 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 [Intentionally Omitted] 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 (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). ATKINS NORTH AMERICA, INC. 11 MAY 2011 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. 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. ATKINS NORTH AMERICA, INC. 12 MAY 2011 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 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 ATKINS NORTH AMERICA, INC. 13 MAY 2011 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. 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. ATKINS NORTH AMERICA, INC. 14 MAY 2011 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. 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. ATKINS NORTH AMERICA, INC. 15 MAY 2011 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 has established the Construction Cost Budget for the Project, as set forth in Schedule "D ", attached hereto. 4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared by Consultant. 4.3 Consultant shall warrant and represent to the City that its review and evaluation of the 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 The Construction Cost Budget (as established in Schedule "D" hereto) 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 the 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. ATKINS NORTH AMERICA, INC. 16 MAY 2011 4.5 If the lowest and best base bid exceeds the 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 J P � ce of Work, or such other action, as deemed ed 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. 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 ATKINS NORTH AMERICA, INC. 17 MAY 2011 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 include actual expenditures made by the Consultant in the interest of the Project. The Reimbursable Expenses allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City. Any money not directed to be used by City for Reimbursable Expenses shall remain with the City (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 jurisdiction over the Project (i.e. City permit fees). ATKINS NORTH AMERICA, INC. 18 MAY 2011 ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be $330,000, with a Reimbursable Expenses allowance of $ 39,000. 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 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, up to the "Not to Exceed" Reimbursable allowance amount in Schedule "B" 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 ATKINS NORTH AMERICA, INC. 19 MAY 2011 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. 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, ATKINS NORTH AMERICA, INC. 20 MAY 2011 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. 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 ATKINS NORTH AMERICA, INC. 21 MAY 2011 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. 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 ATKINS NORTH AMERICA, INC. 22 MAY 2011 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. 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 Y 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), 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) 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. ATKINS NORTH AMERICA, INC. 23 MAY 2011 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 p ersons 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). ATKINS NORTH AMERICA, INC. 24 MAY 2011 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. ATKINS NORTH AMERICA, INC. 25 MAY 2011 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 Attn: Jorge M. Gonzalez, City Manager With a copy to: Capital Improvement Projects Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Fernando Vazquez, PE, CIP Director All written notices given to the Consultant from the City shall be addressed to: Atkins North America, Inc 4030 West Boy Scout Boulevard, Suite 700 Tampa, FL. 33607 Attn: Ken Jones, Vice President Atkins North America, Inc 3230 West Commercial Boulevard, Suite 100 Fort Lauderdale, Florida 33309 -3400 Attn: William Pitcher, PE, Vice President, Port and Coastal Engineering Practice All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ATKINS NORTH AMERICA, INC. 26 MAY 2011 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 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 ATKINS NORTH AMERICA, INC. 27 MAY 2011 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. 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. ATKINS NORTH AMERICA, INC. 28 MAY 2011 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 p p y uding 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. 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. ATKINS NORTH AMERICA, INC. 29 MAY 2011 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. ATKINS NORTH AMERICA, INC. 30 MAY 2011 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: 4 : I S A fN a / yJ I l i _/! I G _ i% , '. C IT,,, — r7i , ""' t / / M i YO $ * INCORP ORATED- ."... 4 ' / 4.01,...z% ...... ...' �n4,1,, rl 2 CONSULTANT: %wk. ATKINS NORTH AMERICA, INC Attest , ,/ j , ...._, .? Signature /Secretary Authorized Signature Rene de los Rios David J. Carter Assistant Secretary Senior Vice President Print Name Print Name ,MUugN ON A I z SEAL, IS I <: 1960 I r R . , a APPROVED AS TO FORM & LANGUAGE & FftH EXECUTION r i p t _ -S....— 6 i it • • ttor e r;. bate ATKINS NORTH AMERICA, INC. 31 MAY 2011 SCHEDULE A SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. FOR THE SOUTH POINTE PARK PIER PROJECT CONSULTANT: ATKINS NORTH AMERICA, INC. (the "CONSULTANT ") BACKGROUND On October 25, 2007, a discussion on the Pier Project was held at the Finance and Citywide Projects Committee (Committee) meeting. At that meeting, several cost options were provided by the A/E, along with five (5) conceptual design options. The Committee's preferred option was Alternate Two: rebuild the pier within the existing footprint. After further refinement, the Consultant developed and presented further conceptual design options to the Committee on May 29, 2008, and July 10, 2008. As directed by the Committee at the July 10, 2008, meeting, the design required modification in order to maintain its construction cost within $4 million. On May 5, 2009, the City's Finance and Citywide Projects Committee approved the conceptual design for the South Point Park Pier and subsequently on July 15, 2009, the City Commission approved and officially adopted the design concept (telescope concept) for the South Pointe Park Pier. The project has several unique characteristics beyond its condition as a simple waterborne structure. The project sits within a highly visible, narrow p 1 g y e, nar o navigation channel used for intemational shipping lines and cruise ships. All - coastal maritime and navigation requirements will need to be satisfied before and during construction activities. The physical location also requires consideration as to how to properly engineer the project as to anticipate limited, water -based construction access. The project site has multi - layered jurisdictional land and water rights between the City, State and Federal government. All land and water rights may require updates and shall be secured prior to construction as applicable. The project is further affected by sensitive environmental conditions, including threatened species protection and the permitting process will address all required jurisdictional permits . All required permits shall be secured and the conditions monitored to complete the project with minimal environmental impact. This is a time- sensitive project, partially funded by the Florida Inland Navigation Grant in the amount of $323,075. Design services MUST be completed by September 1, 2011 and all permitting shall be completed to allow construction contract award within 1 year (September 2012). SCOPE OF SERVICES The CONSULTANT N shall provide Architectural, Engineering, Landscape Architecture and Surveying, as necessary for the Project and as delineated in the executed agreement between Post, Buckley, Schuh & Jernigan, Inc. and the City of Miami Beach and in accordance with Exhibits A,B,C,D,E,F,G,H, attached thereto. The work shall include, but not be limited to, surveying, geotechnical, programming, conceptual drawing(s), design development, estimate(s) of probable cost, construction documentation, permitting, bidding / award, and construction administration services for the Project. The City of Miami Beach (City) may, at its sole option, choose to employ conventional bids, Construction Manager (CM) at- Risk, or Job Order Contract (JOC) for the Project. The Consultant shall cooperate fully with the General Contractor, CM at -Risk or JOC Contractor selected by the City. All required drawings shall be prepared utilizing CADD (vector format) in conformance with the latest City format. ATKINS NORTH AMERICA, INC. 1 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H The CONSULTANT shall become familiar with the Project site through frequent site visits, research, and examination of any record drawings, as applicable, and shall notify the City of any field, on -site, or off -site conditions not shown or incorrectly shown on the record drawings, as may have been reasonably discovered. At- the - Consultant's request, the City will facilitate the Consultant's access to the Project site and /or facilities - for investigative purposes. Frequent site visits and meetings shall continue through all design phases of this Agreement until the Consultant is thoroughly familiar with the existing conditions, any problem areas, and /or existing hazardous conditions or materials. These site visits and meetings are part of the onsultant's Basic Services, are considered due diligence, and the Consultant shall receive no additional compensation for such design phase site visits and meetings. Provided the Consultant has conducted a good faith investigation, the Consultant and the Consultant's sub - consultants shall not be responsible or held liable for undiscovered hazardous conditions or materials. On May 5, 2009, the City's Finance and Citywide Projects Committee (FCWPC) approved the conceptual design for the South Point Park Pier and subsequently on July '15, 2009, the City Commission C approved and officially adopted the design concept for the South Pointe Park Pier (Telescope Concept) The approved conceptual design will be used as the basis for the development of the design and construction documents. The pier's superstructure shall be replaced within the similar footprint while also improving the aesthetic appearance and user experience in a manner that is complementary to that found in South Pointe Park. The existing pier is in poor structural condition and is currently closed to the public. The proposed improvements will be based on the approved Conceptual Plan and include at a minimum the following amenities: • Demolition of existing structure • Construction of a new structure • Connection to South Pointe Park • Railings • Benches • Fishing amenities • Shade shelters (as allowable by the regulatory agencies) • Lighting (as allowable by the regulatory agencies) The CONSULTANT shall provide, Architectural, Structural Engineering, MEP Engineering, Civil Engineering, FDEP Coastal Permitting Consultant, Landscape Architecture, Construction Cost Estimating, Surveying and Geotechnical services for the Project. The work shall include, but not be limited to, conceptual drawing(s), surveying, geotechnical, design development, estimate(s) of probable construction cost, construction documents, permitting, bidding / award, and construction administration services for the Project. The professional services required will include scope of work involving coastal engineering and marine type construction in a heavy marine environment. As a point of reference with respect to the Pier project's complexities, the following represents some, but not all of the regulatory agencies and/or ordinances that will have significant review jurisdiction: • US Army Corps of Engineers • US Coast Guard • Florida Department of Environmental Protection (FDEP) • Marine Turtle Lighting Ordinance • Coastal Construction Control Line Program • Florida Fish and Wildlife Conservation Commission (FFWCC) • South Florida Water Management District (SFWMD) • Miami -Dade County Department of Environmental Resources Management (DERM) ATKINS NORTH AMERICA, INC. 2 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H • Miami -Dade County Shoreline Review Board • City of Miami Beach The Plans submitted for permitting by the Consultant shall include the following: • Compliance with National Pollutant Discharge Elimination System • Identify temporary staging • Plans shall identify provision for contractor to assume any and all responsibilities for any water control violations resulting from failure to eliminate and /or control turbid runoff as issued by any agency having jurisdiction. • Plans shall provide for dredge operations plan (if required). • Plans shall illustrate a project implementation plan and schedule that maps the delivery of the project in phases to meet established criteria related to local, state and federal marine construction. • Plans shall include all necessary drawings and technical specifications needed to construct the improvements and shall be defining documentation of what is authorized and approved. • Prepare utility coordination, permits and advise of all fees associated with all site, utility etc. work. • Prepare presentation materials to illustrate the final design and participate in public outreach and regulatory agency review meetings. • Obtain all required building permits as well as any other permits necessary for the construction of the pier and attend public meetings as required by the City. The City is interested in moving this project forward quickly and design services shall be completed prior to September 1, 2011. The Consultant shall be required to provide design and construction documents for: Pier Demolition and New Pier Design / Construction Documents Phase The CONSULTANT shall be tasked with but not limited to the following duties and responsibilities: Task 1 - Pre - Design (Telescope Concept): The purpose of this Task is to develop and formalize the approved conceptual design dated May 5, 2009 by seeking the approval of the City's Design Review Board (DRB) as well as meet with the required City staff to validate these documents, and make necessary adjustments to meet the City's functional requirements, incorporate community input, and provide preliminary cost estimate to comply with the project budget of $4,000,000 and develop a project schedule and implementation plan that complies with Florida Inland Navigational Grant as well as takes into account all the required inspections by all Authorities Having Jurisdiction (AHJ). Task 1 will include the following major tasks: (1) Project Kick -Off Meeting; (2) Project Site Reconnaissance Visit; (3) Project Coastal Engineering and Analysis; (3) Meetings with all Agencies Having Jurisdiction with the Project to confirm that the conceptual design is in compliance with all State, Federal, and Local authorities: (4) Preparation and presentation of a final Conceptual Plan to the City's Design Review Board for approval (5): Provide Surveying and Geotechnical evaluations as required for implementation of design phase. Task 1.1 — Project Kick -Off Meeting: The CONSULTANT shall meet with the CITY to review existing documents and receive copies of available reference documents. CITY shall provide general information regarding procedures and direction. The CONSULTANT shall prepare draft meeting minutes and forward them to CITY for review and comments. The CONSULTANT shall finalize and distribute, accordingly. ATKINS NORTH AMERICA, INC. 3 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H The CONSULTANT shall prepare a list of requested background information, department interviews and any other special area visits. The CONSULTANT shall schedule a reconnaissance visit of the Project site, to be attended by critical CONSULTANT personnel, as well as key - CITY _staff. Deliverables: - Attend Project Kick -Off Meeting - Prepare and distribute Meeting Minutes Schedule: - See Schedule "E" — Project Schedule Task 1.2 — Project Site Reconnaissance Visit: The CONSULTANT shall attend a Site Reconnaissance Visit. This site visit shall also be attended by applicable CITY staff. The intent of this task is to facilitate the CONSULTANT'S understanding of the project needs. This may include document review, department interviews and requests for additional information to be facilitated by the CITY. The CONSULTANT shall prepare draft meeting minutes including action items and individuals responsible for further action, and forward them to the CITY for review and comments. The CONSULTANT shall finalize and distribute accordingly. Subsequent visits (at no additional cost to the CITY) may be required to gather additional information. This task includes further document research, exploration and documentation of existing conditions, and discussions with particular on -site personnel to understand their current conditions, shortfalls and future needs. The CONSULTANT shall inform the CITY of any additional document or visitation needs so that information can be researched in an organized and timely manner. Secondary meetings with other agencies, code officials or utilities may also be necessary as part of this task. The CONSULTANT shall prepare draft meeting minutes and forward them to CITY for review and comments. The CONSULTANT shall finalize and distribute, accordingly. Deliverables: - Attend Site Reconnaissance Project Site Visit - Prepare and distribute meeting minutes Schedule: - See Schedule E - Project Schedule Task 1.3 — Project Coastal Engineering and Analysis: The CONSULTANT research existing coastal data and coastal models, including wind, waves, current and water levels. Calculations used for the design of the pier structure, affecting the deck height, pilings and pile cap, will be performed using the Shore Protection Manual (SPM) and Coastal Engineering Manual (CEM). The CONSULTANT will coordinate performance of the Bathymetric Survey and use data to calculate the incident wave height on the structure and lateral /uplift forces that the incident wave imparts on the pier. The CONSULTANT will evaluate two design storm conditions: Category 3 Hurricane event and one Synthetic 15 year return Period. Calculations will look at incident waves from three angles: northeast, east and southeast. This task may include document review by City for analysis and decision on resistance to storm event versus cost impact to delimit structural damage. Deliverables: - Coordinate all Surveying and Geotechnical Services - Submit the reports to the City and Structural Engineers ATKINS NORTH AMERICA, INC. 4 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H - Prepare and distribute meeting minutes Schedule: - See Schedule E - Project Schedule Task 1.4 — Initial Planning Session to adopt approved Conceptual Design: The CONSULTANT shall attend an initial Planning Session to be scheduled with representatives of the CITY and the CONSULTANT. The purpose of the session shall be to clarify Project goals to the user group(s) so that viable conceptual alternative can be explored. At this meeting, the CONSULTANT shall review the background information, program and site information. This planning session will establish the groundwork for the development of the approved conceptual plan. The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY for review and comments. The CONSULTANT shall finalize and distribute, accordingly. Based on the results of the site visit, materials presented at the Kickoff Meeting and during subsequent background gathering, and discussion and conclusions made at the initial planning session, the CONSULTANT shall develop preliminary conceptual alternatives that are responsive to the project program, budget, and schedule. Initial testing parameters and investigative work recommendations shall also be identified. The CONSULTANT shall assemble graphic images identifying alternative Project design concepts, if applicable, to allow the CITY a full understanding of proposed alternatives. Deliverables: - Attend review session with representatives from the CITY. - Prepare and distribute meeting minutes - Develop approved Project Conceptual Plan - Develop "budget" level ROM cost estimates - Revise approved concept and develop final materials Task 1.5 - DRB, Commission and /or Review Meetings: The CONSULTANT shall provide for presentations to the DRB, Commission and other City Departments meetings as necessary to gain the required City approvals in order to proceed with the Design Development phase of the project. In addition, to all required efforts noted above, the CONSULTANT shall . note that the CITY may, at its discretion, substitute one of the meetings described herein for a meeting with a CITY, Committee or Agency, as deemed necessary. Deliverables: - Attend DRB review meeting with representatives from the CITY. - Prepare and distribute meeting minutes - Develop approved Project Conceptual Plan - Submit approved concept and develop final materials Task 2 - Design Services: The purpose of this task is to establish requirements for the preparation of contract documents and provide approved permits from of the regulatory agencies and /or comply with ordinances that will have significant review jurisdiction for the Project. The CONSULTANT will be required to prepare construction and permit documents for the demolition of the existing pier. New Pier Design shall include, in addition to the demolition of existing pier permit documents, ATKINS NORTH AMERICA, INC. 5 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H the design, permitting, bid and award and construction administration for the design and construction of the new pier. The City anticipates that demolition plans can be prepared and permitted concurrently with the design and construction documents of the new pier. The purpose of _ this _ Task _ is to establish requirements for the preparation of contract documents for the Project. • The CONSULTANT shall be required to perform a variety of forensic tasks to verify existing conditions and the accuracy of any available as -built drawings, surveys and maps to be used for development of the contract drawings; • Requirements for the preparation of contract documents, inclusive of drawings, specifications and front - end documents; • Establishes requirements with regard to constructability and value engineering reviews; • Establishes requirements for the preparation of Statements of Probable Construction Cost by the CONSULTANT as defined by the American Association of Cost Engineers; • Establishes requirements for the Community Design Review Meeting (CDRM); • Discusses contract document revisions based upon the input received from the residents at the Community Design Review Meeting (CDRM); • Specifies requirements for review of contract documents with jurisdictional permitting agencies prior to finalization; • Discusses the QA/QC of Design Documents. In addition, the CONSULTANT shall follow City standards for the preparation of contract documents, inclusive of drawings, specifications, front -end documents and cost estimates. Presentation formats for review submittals shall be prepared for submittal to the City's Design Review Board during the Conceptual Phase, and at 50% (Design Development Phase), 100% (Construction Documents Phase) completion stages and a Risk Assessment Plan (RAP). Contract documents shall be subject to Constructability and Value Engineering reviews by City and /or others. The CONSULTANT will work with the City to revise /adjust project scope as may be deemed necessary to meet established budgets as design evolves through the design stages of completion. In addition, the CONSULTANT shall extend and participate in a community design review meeting and a pre - construction / kick off meeting with the residents to review the design. To facilitate the implementation of a Public Information Program, the. CONSULTANT will provide electronic files of all project documents, as directed by the City. The CONSULTANT shall be responsible for securing all required regulatory approvals of its contract documents from all applicable jurisdictional agencies and boards prior to finalization, and will be responsible for initiating submittals and reviews in a timely manner. The CONSULTANT shall establish and maintain an in -house Quality Assurance / Quality Control ( QA/QC) program designed to verify and ensure the quality, clarity, completeness, and constructability of its Contract Documents. ATKINS NORTH AMERICA, INC. 6 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H As a point of reference with respect to the Pier project's complexities, the following represents some, but not all of the regulatory agencies and /or ordinances that will have significant review jurisdiction: • US Army Corps of Engineers _• - US - Coast - Guard • Florida Department of Environmental Protection (FDEP) • Marine Turtle Lighting Ordinance • Coastal Construction Control Line Program • Florida Fish and Wildlife Conservation Commission (FFWCC) • South Florida Water Management District (SFWMD) • Miami -Dade County Department of Environmental Resources Management (DERM) • Miami -Dade County Shoreline Review Board • City of Miami Beach The total estimated Construction Cost Budget for the project is approximately $4,000,000, not including a construction phase contingency allowance that is to be held in reserve by the CITY for CITY's use during construction phase. Task 2.1 — Design Development: Upon completion and acceptance of the final survey, the CONSULTANT shall forward same to the following agencies with a request to mark / identify respective utilities on the survey base map. The CONSULTANT shall coordinate this effort with each agency in an effort to identify the location of all existing underground utilities. The CONSULTANT shall incorporate utility owner markups / edits into its survey base map file. The CONSULTANT shall contact the following entities and request that they each verify locations of their existing improvements in the affected areas: • Florida Power and Light Company • BellSouth • Miami -Dade Water and Sewer Authority • Charter Communications (Atlantic Broadband) • Natural Gas provider • City of Miami Beach Public Works Department • Others as deemed necessary by the CONSULTANT The CONSULTANT shall also request information regarding any future proposed improvements by each agency. To facilitate tracking of the progress made in this work effort, the CONSULTANT shall copy the CITY on all correspondence with each agency. In addition, the CONSULTANT shall keep a readily accessible and properly labeled / collated file of all correspondence and markups provided to it by the various agencies for reference use by the CITY and/or CONSULTANT, during construction. The CONSULTANT shall become familiar with the Project site through frequent site visits, research, and examination of any record drawings, as applicable, and shall notify the CITY of any field, onsite, or off -site conditions not shown or incorrectly shown on record drawings, as may have been reasonably discovered. At the CONSULTANT's request, the CITY shall facilitate the CONSULTANT's access to the Project site and or facilities for investigative purposes. These site visits are part of the CONSULTANT's Basic Services, are considered due diligence, and the CONSULTANT shall receive no additional compensation for such design phase site visits and meetings. Provided that the CONSULTANT has conducted a good faith investigation, ATKINS NORTH AMERICA, INC. 7 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H the CONSULTANT and CONSULTANT's sub - consultants shall not be responsible or held liable for undiscovered hazardous conditions or materials. Based on the collected data, the CONSULTANT shall develop detailed design base maps for the Project. The maps shall include an _overall key map and partial _.plans scaled at 1 -inch equals 20 feet or a scale that be tter suits the Project requirements. CONSULTANT shall illustrate proposed improvements on the site plan and shall prepare final site plan based on the information gathered herein. Copies of base maps shall be distributed to CITY. Deliverables: Perform work as noted to develop final survey. Deliver three (3) draft and five (5) final signed and sealed surveys to CITY. Schedule: See Schedule E — Project Schedule Task 2.2 — Detailed Design: The CONSULTANT shall prepare detailed design documents consisting of architectural, structural, civil, mechanical, electrical, landscape, and irrigation drawings, as applicable. All contract documents are to be provided in accordance with applicable standards and with the requirements of all applicable state, local and federal regulatory agencies having jurisdiction over the Project. Technical specifications shall be prepared in conformance with Construction Specifications Institute (CSI) formats. CONSULTANT must review CITY standards and adopt and change /update where necessary. Any supplier listings required by specifications shall include a minimum of two (2) named suppliers and shall meet all applicable CITY and State of Florida procurement codes. Specifications shaft be provided to the CONSULTANT in "Microsoft MS- Word" format. CONSULTANT shall use the same software in all Project related work. CONSULTANT shall utilize base front -end documents provided by the CITY. CONSULTANT shall edit accordingly to result in a Project specific document. Any requirements for Supplementary General Conditions shall be subject to review and acceptance by the CITY. CONSULTANT shall attend bi- weekly or monthly Design Progress Meetings as required to meet the project schedule (see Exhibit E) with CITY at the City's GIP offices as scheduled by CITY staff. The CONSULTANT shall provide, and maintain a design progress schedule. Should the City determine that the CONSULTANT has fallen behind schedule, the CONSULTANT shall provide a recovery schedule that shall accelerate work to get back on schedule. For purposes of this Scope of Services, the following will be considered the minimum effort to be provided by the CONSULTANT for establishing detail design milestone submittals: The 50% design completion stage milestone shall consist of the completed survey, work products of the previously outlined Tasks, with all proposed improvements identified in approved BODR, illustrated in plan and elevation views, and with applicable sections and details. In addition, the CONSULTANT shall include draft technical specifications and a draft schedule of unit prices bid (bid form) identifying the items, units, and quantities to be bid by prospective contractors as part of their bid submittal. Also, this submittal shall include the CONSULTANT's Statement of Probable Construction Cost as defined by the American Association of Cost Engineers to be consistent with the overall not -to- exceed Project budget. Prior to the preparation of the 50% design completion stage drawings, the CONSULTANT shall incorporate changes to its design based upon its existing as -built / existing conditions verification efforts and review comments received, as noted in Task 2.3 below. The 90% design completion stage milestone shall consist of a near final construction document set including the front -end documents (general and supplemental conditions), technical specifications, and construction drawings for all Work. The CONSULTANT shall include detailed construction sequencing restrictions for the CITY's review with this submittal. Prior to the preparation of the 90% design completion stage drawings, the CONSULTANT shall incorporate changes to its design based upon review comments received, as noted in Task 2.3 below. In addition, the CONSULTANT shall provide its "Definitive" Statement of Probable ATKINS NORTH AMERICA, INC. 8 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H Construction Cost as defined by the American Association of Cost Engineers with this submittal to be consistent with the overall not -to- exceed Project Construction Cost Budget. Prior to 90% design, CONSULTANT shall meet with appropriate regulatory agencies to confirm that the Project design meets regulatory requirements. The 1 %__ design completion stage milestone shall consist of the 90% documents updated to include all constructability and design review comments, and regulatory agency comments. The CONSULTANT shall provide its "Definitive" Statement of Probable Construction Cost, and unit price bid form, modified as needed, to reflect final permit and regulatory agency comments and modifications. Deliverables: - Furnish six (6) sets each of the 50, 90, and 100 percent design completion stage documents and Statements of Probable Construction Cost to CITY, as applicable (three full size and three half size for each submittal). Attend design progress meetings with CITY staff at the CIP offices as scheduled by the CITY. Schedule: - See Schedule E — Project Schedule - Complete 90percent document submittal within 30 calendar days after receiving review comments from various City Departments on 50% submittal. Permit submittal to applicable regulatory agencies will commence upon completion of 90 percent documents. - Complete Final document submittal within 5 working days after receipt of all comments from regulatory agencies. Task 2.3 — Design Constructability / Value Engineering Review: To verify that the CONSULTANT is in compliance with the required BODR and City 's requirements, the CITY will conduct a series of design submittal reviews on all Project design documents, inclusive of cost estimates at the 50% and 90% completion stage submittals. Note that the 90% completion stage submittal will be utilized to initiate the City of Miami Beach Building Department permitting reviews, and the final design submittal stage submittal will incorporate the review comments and will be used to procure permits from jurisdictional review agencies, and /or may be utilized to obtain pricing. The purpose of these reviews shall be to verify that the documents are consistent with the design intent as set • forth in the approved Project Basis of Design Report (BODR). These documents shall be furnished as bound 8 -1/2 -inch by 11 -inch technical specifications and full -size (24 -inch by 36 -inch) and half size (11 -inch by 17- inch) drawings (as noted in the Task 2.3 deliverables). The applicable CITY Departments shall perform reviews on these documents and provide written comments (in "Excel" spreadsheet format) back to the CONSULTANT. Following receipt of comments by the CONSULTANT, a meeting may be scheduled between the CITY and CONSULTANT to discuss the intent and review of the comments. Subsequently, the CONSULTANT shall address how each comment was resolved, within 5 working days after the review session and /or receipt of the comments. The responses shall be in the spreadsheet format provided to the CONSULTANT. The CONSULTANT shall revise its documents to address all review comments. The City will perform constructability reviews of the design documents relative to value, construction sequencing, and bid format. These reviews shall be based upon 50 and 90 percent design submittals received from the CONSULTANT and shall be conducted concurrently but separately from the 50 and 90 percent design reviews noted above. These constructability review meetings shall be held to discuss the CONSULTANT's proposed construction sequencing restrictions and bid formats. i - ATKINS NORTH AMERICA, INC. 9 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H The CITY's review of the contract documents shall not relieve CONSULTANT from its responsibility to the CITY with regard to the quality and completeness of its contract documents. Deliverables: - Attend meetings with the CITY to review and discuss design constructability and value comments. - Prepare written responses to comments made during reviews within 5 working days after the review session . Schedule: - Complete concurrently with Design Phase schedule. Task 2.4 — Cost Opinions: The CONSULTANT shall prepare Statements of Probable Construction Cost for the 50% and 100% design completion stage submittals, as well as the final completion stage submittal. The accuracy of the cost estimate associated with the 50 percent completion stage shall be +30% to —15% (Le. 30% over / 15% under the actual amount) "Budget" Level as defined by the American Association of Cost Engineers. The accuracy of the cost estimate associated with the 90 percent and 100 percent completion stage submittals shall be a +15% to —5% (i.e. 15% over / 5% under the actual amount) "Definitive" Level Estimates as defined by the American Association of Cost Engineers. All estimates shall be submitted in Microsoft "Excel" format. All estimates shall be furnished bound in 8 -1/2 -inch by 11 -inch size. Based upon the CONSULTANT's cost estimate or bids, the CITY will advise the CONSULTANT if portions of the Project need to be deleted, phased and /or bid as alternate bid items to satisfy Construction Cost Budget (based upon CONSULTANT's analysis and recommendations). In this effort, the CONSULTANT may be required to attend a series of meetings and develop alternative cost savings options for CITY consideration, if the estimates show that the projected Project Construction Cost will exceed the Construction Cost Budget. The CONSULTANT shall revise the contract documents to reflect necessary revisions to meet budget parameters at no additional cost accordingly. Deliverables: - Furnish three (3) sets of 50, 90 and 100 percent completion stage Statements of Probable Construction Cost to CITY, in MS -Excel electronic disc format, concurrently with the design submittals noted in Task 2.3. - Attend meetings with the CITY to review and discuss cost estimates. This Task includes development of any required cost savings alternatives, and implementation / revision of documents to address such items, as necessary to meet established budget parameters. Schedule: - Complete concurrently with Design Phase schedule. Task 2.5 — Community Design Review Meeting The CONSULTANT shall attend and participate in one (1) Community Design Review Meeting (CDRM) to review the design progress and concept. The CITY shall schedule, find location for, and notify residents of said meeting. The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY, who shall review, provide comments and distribute accordingly. The CONSULTANT shall prepare for, attend and present its documents at this meeting. Meeting shall be scheduled at the 50% design completion stage. Note that presentation format shall consist of a brief Power Point presentation to review Project status, plus review of actual full size plans for the project. The CONSULTANT shall provide sufficient staff at the meeting to ATKINS NORTH AMERICA, INC. 10 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H address concerns by residents at two (2) plan stations. It is anticipated that the CONSULTANT will attend one Pre -CDRM meeting with CITY staff to review the proposed format of the presentation. Task 2.6 - Document Revisions: The CONSULTANT shall incorporate the necessary contract document revisions, as approved by the CITY and based upon the input provided by the residents at the CDRM. Task 2.7 — Permitting Reviews: The CONSULTANT shall prepare applications and such documents and design data as may be required to procure approvals from all such governmental authorities that have jurisdiction over the Project. The CITY will pay all permit fees. CONSULTANT shall participate in meetings, submissions, resubmissions and negotiations with such authorities. CONSULTANT shall respond to comments by such authorities within five (5) working days of receipt of comments unless a different time is agreed to by CITY. It is the intent of this scope of services that the CONSULTANT be the responsible party for formally transmitting and receiving permits to and from the respective jurisdictional authorities. However, since the CITY is to track and monitor progress on the preparation and review of permits and subsequent requests for information, CONSULTANT shall also copy the CITY on all permit related correspondence. This includes CONSULTANT generated minutes from meetings held with related parties. It is recognized by CITY that the time period required for obtaining permits is beyond the control of the CONSULTANT, except with regard to issues concerning permittability of the proposed design and the CONSULTANT's ability to respond to permitting agency requests for information in a timely manner. Notwithstanding the above, the CITY's failure to identify governmental authorities that have jurisdiction over Project shall not relieve CONSULTANT from its sole responsibility to procure all requisite permits. Deliverables: - Correspond with noted jurisdictional authorities to establish permitting requirements. - Revise documents and respond to permitting inquiries as required. - Attend meetings with the CITY, and /or permitting agency staff as required to review, discuss and finalize permit procurement. Schedule: - Complete concurrently with Design Phase schedule. Task 2.8 — The CONSULTANT's QA/QC of Design Documents: The CONSULTANT shall establish and maintain an in -house Quality Assurance / Quality Control ( QA/QC) program designed to verify and ensure the quality, clarity, completeness, constructability and biiddability of its contract documents. The CITY, at its discretion, may require that CONSULTANT attend public meetings or meetings with City Staff to review the status and present results of its QA/QC efforts. Items to be addressed may include, but shall not be limited to, review of specifications by respective technical experts and a "Redi- check" type review of the documents to identify conflicts and inconsistencies between the various project disciplines. A — TASK 3 —BIDDING AND AWARD SERVICES: Task 3.1 - Construction Contract Document Review: ATKINS NORTH AMERICA, INC. 11 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H The CONSULTANT shall assist the CITY during the bid and award phase of the Project's construction contract. The CITY, shall transmit contract documents prepared by CONSULTANT to the CITY's Legal and Procurement Departments for verification of appropriate insurance, form and bonding requirements. CONSULTANT shall assist CITY in this effort by providing (1) one electronic copy of the complete contract documents _ set _(_ dr _awings_andspecifications)_and participating in meetings, submissions, resubmissionsand discussions with these City departments, as necessary. CONSULTANT shall address and re- submit corrections and responses to comments to any CITY Agency or any City Department within 5 (five) working days of receipt of comments. Task 3.2 - Bid Document Delivery: The CONSULTANT shall provide the CITY with reproducible, camera ready, sets of contract documents for each bid package. The CITY Procurement Department shall reproduce documents and handle the advertising, distribution, sale, maintenance of plan holder lists and other aspects of bid document delivery to prospective bidders. Task 3.3 - Pre -Bid Conference and Bid Opening: The City shall conduct one or more pre -bid conferences. CONSULTANT shall attend the pre -bid conference and bid opening for each phase of this Project and review, and advise the City accordingly. CONSULTANT will prepare meeting agenda and draft meeting minutes. CONSULTANT shall attend and participate in as many pre -bid conferences and bid openings as may be required. Task 3.4 - Addenda Issuance: CONSULTANT shall provide the City timely responses to all inquiries received from the City from prospective bidders by preparing written addenda. Format for addenda shall be as provided to CONSULTANT by City. These queries and responses shall be documented and a record of each shall be transmitted to the City on a same day basis. CONSULTANT shall prepare and distribute necessary addenda as approved by the City. The CITY will consolidate responses and prepare and distribute the addenda to all plan holders of record accordingly. Task 3.5 — Bid Evaluation and Bid Opening: CONSULTANT shall coordinate with the City in the process for evaluation, review and acceptance of the bidding. The Consultant shall be present with the City when the bids are opened and shall evaluate and make recommendations to the City regarding the acceptance and award of bids to qualified responsive and responsible contractors. CONSULTANT shall evaluate the bids for completeness, full responsiveness and price, including alternative prices and unit prices, and shall make a formal recommendation to City with regard to the award of contract. Non - technical bid requirements shall be evaluated by others. This scope of services includes no additional allowance for CONSULTANT's time to assist the CITY in the event of a bid protest. To the extent CONSULTANT's services are required in the event of a bid protest; CONSULTANT shall participate in such activities, as a basic service, at no additional cost to the CITY. Task 3.6 — As Bid Contract Documents: u ents. After the contract award and prior to the pre - construction conference, the CONSULTANT shall prepare "As- Bid" construction contract documents which, at a minimum, shall incorporate the following items into the construction contract documents: Contractor's bid submittals, including but not limited to, bid proposal, insurance, licenses, etc. ATKINS NORTH AMERICA, INC. 12 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H Amend / modify front -end documents and / or technical specifications to incorporate changes made via contract addenda. Revise construction contract drawings to include modifications / revisions incorporated via contract addenda. The CONSULTANT shall prepare As -Bid construction contract documents and reproduce sets as requested, for distribution to the CITY within five (5) working days after City Commission approval. Deliverables: - Attend and participate in pre -bid conferences and bid openings. - Respond to questions from prospective bidders and prepare addenda for distribution by others. - Prepare recommendation of award letter - Provide sets of contract documents for contract execution - Prepare As -Bid contract documents, reproduce sets and forward to the CITY. Schedule: - See Schedule E — Project Schedule TASK 4 —CONSTRUCTION ADMINISTRATION SERVICES The CONSULTANT shall perform the following tasks related to the construction administration of the Project. These tasks shall be performed during the duration of all construction. CONSULTANT's compensation includes construction administration for the duration (through completion and issuance of final certification) of the Project. CONSULTANT's construction administration services tasks shall be required during the duration of all construction (through Project completion and final certification) at the negotiated total amount and rates. No over -time rates will be considered. The use of E- Builder software will be implemented during the construction phase of this Project and will be used by CITY staff, the Contractor, and the CONSULTANT for Project document management and tracking purposes. CONSULTANT will be required to electronically archive into E- Builder scanned copies of: CONSULTANT transmittals; approved /rejected submittals and shop drawings; responses to requests for information, contract document clarifications, requests for proposals; field orders; field measurement forms and pay application review comments; notices of contractor non - compliance; contractor permits, notices to proceed, inspection reports and photographs; daily work log and Daily Construction Observation Forms; pre /post construction digital photographs; materials sampling and test results and reports; certificates of substantial and final completion, and any and all correspondence, reports, logs and documents associated with Project management, construction administration, and Resident Project Representative activities associated with the construction and final certification of the Project. The E- Builder software license expense will be a reimbursable item and the required training for this software will be facilitated by the CITY. Task 4.1-- Pre - Construction Meeting: The CONSULTANT shall attend one (1) pre - construction meeting with CITY and Contractor. The CONSULTANT will prepare and distribute agenda and subsequent meeting minutes to all attendees and other appropriate parties. Deliverables: - Attend and participate in pre- construction meeting. - Prepare agenda and meeting minutes. Schedule: - As scheduled by CITY after issuance of Task 4 Notice to Proceed. ATKINS NORTH AMERICA, INC. 13 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H Task 4.1 B: Pre - Construction Kick -off Meeting with Residents (as applicable): The CONSULTANT shall prepare, attend and conduct one (1) pre- construction meeting with the residents. The purpose of this meeting shall be to introduce the Contractor to the residents, as well as have the CONSULTANT present a- Power -Point over -view- of anticipated construction sequencing, conditions- to -be- - - - expected, and other issues that may be of concern to residents, as either addressed at the meeting, or the pre- meeting with CITY representatives (that is to be held to review the content of the presentation with the CONSULTANT prior to the meeting). Task 4.2 - Weekly Construction Meetings: The CONSULTANT shall attend weekly construction meetings with the Contractor and applicable CITY staff for the duration of the Project. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals, and contract document clarifications and interpretations. These meetings shall also serve as a forum for discussion of construction issues, potential changes / conflicts and any other applicable matters. The meetings may include site visits to visually observe / address construction related concerns that may result from discussion during the construction meeting. These site visits shall be separate and distinct from the "Specialty Site Visits ". The CONSULTANT will prepare meeting minutes and distribute to all attendees and other appropriate parties. Based on field observations and other construction related activities, the CONSULTANT shall identify and document any issues, field conditions, Contractor performance related items, and other risks /concerns that may impact the cost and timely delivery of the Project, and the expectations of the CITY, as well as the Contractor's plans and recovery schedule to mitigate those risks and meet contractual obligations. Deliverables: - Attend and participate in weekly construction progress meetings. - Prepare meeting minutes to document construction activities as stated above. - Issue non - compliance notices to the Contractor, and log into the E- Builder software program, as warranted. - Archive all relevant documents, transmittals and correspondence into E- Builder, as previously noted. Schedule: - Weekly throughout the Project duration. Task 4.3 - Requests for Information / Contract Document Clarification (RFIs / CDCs): The CONSULTANT will receive, log and process all RFIs / CDCs and requests for proposal (RFPs). Whenever an RFI involves the interpretation of design issues or design intent, the CONSULTANT shall prepare a written response within three (3) calendar days and return it to the CITY. In addition, should certain items within the contract documents require clarification, the CONSULTANT may be requested by the CITY to prepare and forward CDCs. The CITY will hold the CONSULTANT directly responsible for any impacts resulting from untimely responses. Deliverables: - Respond to those RFI's that involve design interpretations and return to ATKINS NORTH AMERICA, INC. 14 MAY 2011 SCHEDULES A,B,C,D,E,F,G &H - CITY. Issue CDC's as required. Respond / process RFPs as required. - Provide RFI, CDC, RFP and other construction management logs. - Archive all relevant documents, transmittals and correspondence into E- - Builder, as -- previously - noted: — — — Schedule: - On -going throughout Project construction duration Task 4.4 — Requests for Changes to Construction Cost and/or Schedule: The CONSULTANT will receive, log and evaluate all requests for Project cost and /or schedule changes from the CM and report such to the City at the weekly progress meetings at a minimum. The CONSULTANT shall distribute and update the Change Order log at each progress meeting. Changes may be the result of unforeseen conditions or interferences identified by the Contractor during the routine progress of work, inadvertent omissions (betterment) issues in the contract documents, or additional improvements requested by the City or CONSULTANT after approval of the base bid by the City Commission. Regardless of the source, CONSULTANT will evaluate the merit of the claim as well as the impact of the potential change in terms of Project cost and the schedule. CONSULTANT will review claims and / or change order requests with City. No claims assistance services are included under this task. Deliverables: - Perform independent review of request for cost increase and/or time extension. - Coordinate and participate in meetings, as required, with the CITY and Contractor to resolve and /or negotiate the equitable resolution of request. - Provide written opinion and / or recommendation upon request. - Prepare change order documentation in AIA format with supporting documentation. - Archive all relevant documents, transmittals and correspondence into E- Builder, as previously noted. Schedule: - Ongoing throughout Project duration Task 4.5 — Processing of Shop Drawings: The CITY will receive, log and distribute shop drawings to the CONSULTANT for its review. The CONSULTANT shall have five (5) calendar days from the time of receipt in its office, to review and return shop drawings to the CITY. The CITY will hold the CONSULTANT directly responsible for any impacts resulting from untimely review of submittals. Deliverables: - Review and approve, or reject, Shop Drawings and return them to the CITY. - Archive all relevant documents, transmittals and correspondence into E- Builder, as previously noted. Schedule: - Ongoing throughout Project duration. ATKINS NORTH AMERICA, INC. 15 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H Task 4.6 — Mandatory Specialty Site Visits _ The CONSULTANT shall be required to perform the following mandatory site visits that shall occur during_the following stages of construction (as applicable to the scope of work of this project) and shall be conducted by the appropriate professional consultants. A. Site preparation /demolition: 1. Clearing, demolition & debris removal 2. Site utilities, excavation & installation 3. Permit agency site visits B. Structural framework: General Observations (Threshold) By Others 1. Reinforcement concrete - reinforcement sizing & spacing before pouring, based on approved reinforcing steel shop drawings 2. Steel - connections, welds, bolts & fireproofing 3. Deck, pilings and pile caps C. Build -out (finish): 1. Pier finishes 2. Accessories, railings, benches, lighting 3. Plumbing - fixtures, valves & drains 4. Electrical - fixtures, outlets, switch, safety switches, 5. Safety -to -Life systems (as applicable) D. Final exterior work: 1. Paving, slope, drainage, striping, expansion joints & curbs 2. Landscaping - irrigation, planting material, grades 3. Walkways - drainage E. Final punch - list/close -out: 1. Punch -lists 2. Project close -out 3. Instruction manuals 4. Substantial Completion F. Warranty Phase: 1. Warranty period visit 2. Review and certify visit G. Post - OccupancyEvaluation. ATKINS NORTH AMERICA, INC. 16 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H After each Site Visit, the CONSULTANT, and /or the Consultant's sub - consultants, shall complete and submit to the City, a report ( "Site Visit Report ") which shall, at minimum, contain the following information: a) Site Visit report number; b) City, Facility name, Project- title, Project number -and- location; c) Name of contractor /subcontractor; d) Start & finish time of visit & weather conditions; Project site administrator sign -in & sign -out; f) Personnel on -site, by trade; g) Progress /quality of work by trade; h) Photographic record with captions (digital format); and 1) Remarks /Actions On the basis of Site Visit observations, the CONSULTANT shall inform the City and the Contractor immediately, in writing, of the progress (or lack of progress) and quality of the Work, and the CONSULTANT shall endeavor to guard the City against defects and /or deficiencies in the Work. The CONSULTANT shall have access to the Work at all times, whether it is in preparation or progress, in order to meet its responsibilities and obligations under the agreement. Task 4.7 — Project Closeout: Upon receiving notice from the Contractor advising the CONSULTANT that the Project is substantially complete, CONSULTANT, in conjunction with appropriate CITY staff, shall schedule and conduct an overview of the Project. The overview shall include CONSULTANT'S development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. The list shall be forwarded to the Contractor. Upon notification from Contractor that all remaining "punch list" items have been resolved, the CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final review of the Project. Based on successful completion of all outstanding work items by the Contractor, the CONSULTANT shall assist CITY in closing out the construction contract. This shall include, but not be limited to, providing recommendations concerning acceptance of the Project and preparing / collecting necessary documentation including, but not limited to, lien waivers, Contractor's final affidavit, close -out change orders, certificates of substantial and final completion, consent of surety to final payment, and processing of the final payment application. In addition, the CONSULTANT shall coordinate with the Contractor as necessary to transfer record drawing markups or CAD files, which the CONSULTANT shall update the corresponding CAD files for record purposes and certify the Project as complete, in accordance with all applicable jurisdictional permitting requirements. Deliverables: - Receive Contractor Substantial Completion notification. - Coordinate and attend field meetings to review Substantial Completion. - Prepare and verify that punch lists are completed. - Certify Project completion to appropriate agencies. - Receive from Contractor original permit set, red -lined "as- built" drawings in a form acceptable to the CITY. ATKINS NORTH AMERICA, INC. 17 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H - Prepare electronic record drawings and certify Project as complete per applicable jurisdictional requirements. - Submit five (5) full size copies of final as -built record drawings with applicable - certifications -of completion. - -- - - Submit final as -built record drawings electronically in CD format. - Submit final Project photographs / aerials. - CONSULTANT to provide Close -Out Book with the following information: • Permits — complete final permit inspection sign -offs; ensure that all permits are dosed • Engineer's Certification of Project Completion that Project was built in accordance with plans and specifications.. • Change orders — provide all finalized change order information, including funding. • Punch list — provide complete list, including date item closed. • Certificate of Substantial / Final Completion • Operating and Maintenance Manuals • Pay applications • Final Waiver and Releases of Lien / Consent of Surety • Material testing log • Permit fees log ▪ Record drawing log Schedule: - On -going throughout duration of Project. Task 4.8 — Warranty Administration /Post Proiect Services: The CONSULTANT shall assist the CITY with the coordination of requested warranty work. This assistance shall be provided for a period of up to one (1) year following Final Completion and acceptance of the Project by the CITY, or the issuance of the Final Payment, whichever occurs latest. Deliverables: - Assist the CITY with warranty work completion. Schedule: - Up to one (1) year following Final Completion and acceptance of the Project by the CITY, or the issuance of the Final Payment, whichever occurs latest. • ATKINS NORTH AMERICA, INC. 18 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H TASK 5 — ADDITIONAL SERVICES No additional services are envisioned at this time. However, if such services are required during the performance of the Work, they shall be requested by City and negotiated in accordance with contract requirements pursuant to the hourly rates identified in Schedule "C ". Note that a separate Notice to Proceed is required prior to performance of any Work not expressly required by this Scope of Services. If CONSULTANT, proceeds with "out of scope" work without proper authorization, it does so at its own risk. TASK 6 — REIMBURSABLES Task 6.1 — Reproduction Services: The CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports, contract documents and miscellaneous items, as may be requested by the CITY. Unused amounts in this allowance shall be credited back to the CITY at the completion of the Project. Task 6.2 — Travel and Subsistence: Not required at this time. Task 6.3 — Surveying: The CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to prepare required surveys h within the Project limits to meet the intent of the approved Project Scope. Proposals for these Project PP J p p services shall be submitted to the CITY for review and approval. Task 6.4 - Geotechnical Evaluation: The CONSULTANT shall arrange for and coordinate the efforts of a geotechnical firm to perform boring / test excavations as necessary to adequately define the soil characteristics for the purposes of design. Proposals for these services shall be submitted to the CITY for review and approval. Task 6.5 — Underground Utility Verification (as needed): The CONSULTANT shall contract the services of an underground utility location service to perform additional vacuum extraction excavations, as needed, in an effort to better identify existing underground conditions where work is to be performed as necessary. Actual locations shall be as directed by the CONSULTANT, subject to CITY review and acceptance. Proposals for these services shall be submitted to the CITY for review and approval. Minimum Drawing Requirements The composite set of drawings to be produced shall contain sufficient information and detail to clearly define all proposed improvements in terms of quantity, quality and location. The CONSULTANT shall propose a drawing list to be reviewed and approved by the CITY. ATKINS NORTH AMERICA, INC. 19 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H SCHEDULE B - - - CONSULTANT - COMPENSATION - -- - - - • Schedule of Payments Pre - design Services * $ 40,000 Design Services* $ 230,000 Bidding and Award Services $ 5,000 Construction Administration ** $ 55,000 Reimbursable Allowance *** $ 39,000 Historic Preservation Board / Design Review Board (included in pre- design services) Note *: These services will be paid lump sum based on percentage complete of each phase as identified in the individual tasks. Note**: Construction Administration will be paid on a monthly basis upon commencement of construction. In the event that, through no fault of the Consultant, Construction Administration services are required to be extended, which extension shall be subject to prior City approval, and what shall be at the City's sole discretion, the Consultant agrees to extend said services for $5,000, per month, for the duration required to complete the Project. Note * * *: The Reimbursable Allowance belongs to the City and must be approved in writing, in advance, by the Project Coordinator. Unused portions will not be paid to the Consultant. ATKINS NORTH AMERICA, INC. 20 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H SCHEDULE C HOURLY BILLING RATE SCHEDULE Principal $225.00 Project Manager $198.00 Sr. Engineer III $180.00 Sr. Engineer II $135.00 Engineer EI $91.00 Planner $85.00 Sr. Scientist III $140.00 Sr. Scientist II $110.00 Scientist 75.00 Sr. CADIZ $80.00 * Sr. Planner $180.00 * Sr. Architect $135.00 * Sr. Structural Engineer $125.00 * Construction Engineer $100.00 * Information updated and added 5 -5 -11 ATKINS NORTH AMERICA, INC. 21 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H SCHEDULE D COSTRUCTION COST BUDGET $4,000,000 (four million dollars) { ATKINS NORTH AMERICA, INC. 22 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H SCHEDULE PROJECT SCHEDULE See attached Project Schedule ATKINS NORTH AMERICA, INC. 23 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H tri I I I 1 ---j1 . . ''. i - otemst 1 - . , . . • . ; 1 1-- 1 • .. . • I • < 1 . . • . L . . i . . . r 1 1 : 1 • . ,,L,1 : 5_, • !: • 1 E •:., . • g i : .. • I . 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S . i - '' ' " , :s ...r.- - 5 .:, s: r.:...,s, tg. z7.z ,:. z:s. .4 ,,,:- L!,:. at ‘-'a..i..: r4: ,-- I 1 ,?•!,s.z.: , ,s ,s iz..s , ,11 1 A'i il II 'i-:. 4 4 . i i i :il .;:i ri:1 ii iii i I , f ,!:•,i Ei :;ti i i L. kii. i.,!1,! . 4 :"41 g i 1 i • ,,,, a.'' 1 ' li,"i: g ii il :;" , :, I t El ii ;41i. .1!.; ti , :4, , •.,: ,,1:-, g-: 7 41 : 1 . :41 r gi, r;., g i '04 . 4E- ..::. .1 ., 1 's 5 : t ;:- ,1, , ..5,- . 11 s! . 1;•.s S 1. 'i '.... .':., :,...,-,! fi-:s s 1 , 1',.4 •. ,,.' : s -;,,' $:. s ,s ,s: 5-, s ,.. s , `z . ,:,, s -,..--, .• .•• . gl E. :t. r. .11 . a $. • s. • s-. g - s. : ! i ! .: i • -. i 4 • . 4„.:1 ze r..g:'. 3E — I : i ' . i '. • ; '. ',. ''• . . ; ! ; • 1 ' 1 . ' .,,,,.. . • , : • E F, g • . . . ' • . i •,,. a . 4 • e r ,g .A.- , V .i. 0 ' p_ : : I: S • ,-' El I I J.; EL: lti Ili I i t 1 ; •• ' . “ ii' I % -„-, E ,- • li 71:4 .s l- ir. c,gt:1;i : . - 741 3 4.11 1 ” , i 4 ; , ---,7, , ' 4 I - 14.1.1 . gg1 8- ggl El' 3'6'iggir Ellti; ; la 1 tai 1' °a 'l ,.'i''`'" r? I g g J"F"r1:11,"1'1"1"1'1'91"igkk+121""if'frd'9191417117'ki"lp.,-Fil,P.IR i:,-,1:,-, iP, l ig ir,Igkiimigivriv i41'.71ziL4 Iv LT.ITI.T IR iv, ,7, -.r. Ili li 1 1.. ._ . SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 00100 GENERAL CONDITIONS: 1. Project Manual: 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled. measurements from the drawings; however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 1.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 2. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well -known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 3. Preliminary Matters: 3.1. Within five (5) calendar days prior to the pre - construction meeting described in Section 3.2, Contractor shall submit to Consultant for Consultant's review and acceptance: 3.1.1 A project "Base Line" schedule, one (1) copy on a CD and One (1) hard copy (activities arranged in "waterfall "), in the indicated form for Final review and approval: ( ) Bar Chart ( ) Modified CPM ( *) CPM (X) Computerized CPM using the latest edition Primavera P3 software ATKINS NORTH AMERICA, INC. 24 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction. ") CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project - - — - schedule -- using - -" Ear_ ly__Starr__and_ " Ear_I_y_Finish "_dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and /or equipment, and Logic relationships of activities including physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P3 software. CONTRACTOR shall provide PROGRAM MANAGER with a copy of the software. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule ), showing progress showin the ress for the month. CONTRCTOR SHALL SUBMIT ONE g HARD COPY AND ONE ELECTRONIC COPY. In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions /deletions to activities. It is strongly recommended that CONTRACTOR assign a seasoned professional, in the use of Primavera P3, to develop and update the Primavera P3 project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. The Project Schedule shall be the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make -Up" schedule to PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make -up the lost time. Failure to provide a "Make- Up" schedule or vigorously follow the "Make -Up" schedule shall be reason to default CONTRACTOR. 3.1.2 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 3.1.3. A preliminary schedule of Shop Drawing submissions; and ATKINS NORTH AMERICA, INC. 25 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H 3.1.4. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will _include an appropriate _ amount_ of overhead and applicable to each item of work, which will be confirmed in writing by Contractor at the time of submission. [ ] Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.5. After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 3.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. Within thirty -five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor , Consultant and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty -five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to Consultant as to form and substance. 4. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. 4.1. Each Bond shall be in the amount of one hundred percent (100 %) of the Contract Price guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100 %) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. ATKINS NORTH AMERICA, INC. 26 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H • 4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide City with evidence of such recording. 4.4 Alter-nate.For-m- of_Security:_ - - - - _ _ _ In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 5. Qualification of Surety 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety Y Y Y P Y on federal bonds in accordance with United States Department of Treasury Circular . 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 5.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for the Policy- Financial holder's bonds: Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class 1 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII ATKINS NORTH AMERICA, INC. 27 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H 5.2. For projects of $500,000.00 or Tess, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if _the surety__comp.an_y_ holds a currently valid certificate of authority issued by the United States _ Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 6. Indemnification 6.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 6.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against City whether performed by Contractor , or persons employed or utilized by Contractor. 7. Insurance Requirements: 7.1. Without limiting any of the other obligations or liabilities of Contractor , Contractor shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: 7.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars ($) each accident. 7.1.1.2. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive ATKINS NORTH AMERICA, INC. 28 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X ] 7.1.2.1. Premises and /or Operations. [ X ] 7.1.2.2. Independent Contractors. [ X ] 7.1.2.3.Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) Contractor shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ X ] 7.1.2.4.Explosion, Collapse and Underground Coverages. [ X ] 7.1.2.5. Broad Form Property Damage. • [ X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 7.1.2.8.City is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for City by or on behalf of Contractor or acts or omissions of Contractor in connection with general supervision of such operation. 7.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non -Owned Vehicles. 7.1.3.3. Employers' Non - Ownership. (Not Applicable to this bid) [ X ] 7.1.4. Builder's Risk insurance for the construction of and /or addition to aboveground buildings or structures is /is not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering City as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.4.1. Waiver of Occupancy Clause or Warranty -- Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by City. ATKINS NORTH AMERICA, INC. 29 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H [ ] 7.1.4.2. Flood Insurance - -When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. - _ -- [ ] 7.1.5. Installation Floater for the installation of machinery and /or equipment into an existing structure is /is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering City as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.5.1. Cessation of Insurance -- Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by City. 7.1.5.2. Flood Insurance - -When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.3. Notice of Cancellation and /or Restriction- -The policy(ies) must be endorsed to provide City with at least thirty (30) days notice of cancellation and /or restriction. 7.4. Contractor shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form . similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. 8. Labor and Materials: 8.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 9. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. ATKINS NORTH AMERICA, INC. 30 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H • 10. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted_ _ as-- a-- r-equest_for_- _a__change__in the Contract Time pursuant_to _Article _40. __These time _ extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50 %) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50 %) of the normal workday on controlling items of work identified on the accepted schedule or updates. 11. Permits, Licenses and Impact Fees: 11.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and /or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 12. Resolution of Disputes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty -one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty -one (21) calendar days from the date of the submission of { the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non - technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. ATKINS NORTH AMERICA, INC. 31 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H 12.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed_ is_ the _entire _adjustment _to which the objecting party reason to believe it_is entitl ed______ to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 13. Inspection of Work: 13.1. Consultant and City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant, it must, if required by Consultant, be uncovered for examination and properly restored at Contractor's expense. 13.1.2. Re- examination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 14. Superintendence and Supervision: 14.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full -time competent English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The superintendent shall not be changed except with the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. ATKINS NORTH AMERICA, INC. 32 MAY 2011 SCHEDULES A, S, C, D, E, F, G & H 14.2. Daily, Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, — — labor, personnel, equipment and subcontractors - at_ the __Project _site; _visitors _ to the Project site,_ including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City and Consultant. 14.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be Contractor's duty to immediately inform Consultant, in writing, and Consultant will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 14.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 15. City's Right to Terminate Contract: 15.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor , within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then City may upon written certificate from Consultant of the fact of such delay, neglect or default and Contractor's failure to comply with such notice, terminate the services of Contractor , exclude Contractor from the Project site and take the prosecution of the Work out of the hands of Contractor , and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, Contractor shall not be entitled to receive any further payment until the Project is completed. In addition City may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by City, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of said excess. ATKINS NORTH AMERICA, INC. 33 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H 15.2. If after notice of termination of Contractor's right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the notice of termination had been issued pursuant to the Termination for — Convenience clause as set forth -in- Section 15.3_ below.________ 15.3. This Contract may be terminated for convenience in writing by City upon ten (10) days written notice to Contractor (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by Contractor relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. Contractor's Right to Stop Work or Terminate Contract: Should Consultant fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if City fails either to pay Contractor within thirty (30) days after presentation by Consultant of any sum certified by Consultant, or to notify Contractor and Consultant in writing of any objection to the Application for Payment, then Contractor may, give written notice to City and Consultant of such delay, neglect or default, specifying the same. If City or Consultant (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then Contractor may stop work or terminate this Contract and recover from City payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by City to an Application for Payment shall be submitted to Consultant in accordance with the provisions of Article 12 hereof. 17. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. 18. Rights of Various Interests: Whenever work being done by City's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. Differing Site Conditions: In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual ATKINS NORTH AMERICA, INC. 34 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor , without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty -four (24) hours of their discovery, notify City and Consultant in writing of the existence of the aforesaid — - -- conditions. — Consultant _ and_ City_ shall, within two _(2)_business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 12. Should Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant as the date of substantial completion. 20. Plans and Working Drawings: City, through Consultant, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 21. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 22. Contractor's Responsibility for Damages and Accidents: 22.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 29. ATKINS NORTH AMERICA, INC. 35 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H 23. Warranty: Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects - -- and_in_conformance_with the- _Contract_Documents, All work not conforming to these requirements, __ including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 24. Supplementary Drawings: 24.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 24.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non - defective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 26. Taxes • Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. ATKINS NORTH AMERICA, INC. 36 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H 27. Subcontracts: 27.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against — whom - Contractor -has_a reasonable objection. 27.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 27.3. Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. [ ] 27.4. Contractor shall perform the Work with its own organization, amounting to not less than 75% percent of the Contract Price. 28. Separate Contracts: 28.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 28.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Completed Portions: 29.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 29.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: ATKINS NORTH AMERICA, INC. 37 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H 29.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 29.2.2.-- Contractor _shall _complete __to _ the _point _of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. 29.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. 29.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relativ e tot he occupied area. 29.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Y rY pY p p Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands for Work: 30.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 30.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 31. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and Damage to Existing Facilities, Equipment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor ❑S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No ATKINS NORTH AMERICA, INC. 38 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location,_ relocation or support of its -_ where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right -of -way. No • compensation will be paid to the Contractor for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 33. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 35. Changes in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the ATKINS NORTH AMERICA, INC. 39 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 36. Field Orders and Supplemental Instructions: 36.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. Change Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 37.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. ATKINS NORTH AMERICA, INC. 40 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H 38. Value of Change Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 38.2.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe, benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 38.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the ATKINS NORTH AMERICA, INC. 41 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor 'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: 38.2.5.1. The proportion of necessary transportation travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor . 38.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. 38.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 38.3. The term "cost of the work" shall not include any of the following: 38.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed -upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by Contractor's fee. 38.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 38.3.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. ATKINS NORTH AMERICA, INC. 42 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H i 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, Contractor's fee shall not exceed ten percent (10 %). 38.4.2.2. For costs incurred under Section 38.2.3, Contractor's fee shall not exceed seven and one half percent (7.5 %); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10 %); and 38.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3 � P 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20 %) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. ATKINS NORTH AMERICA, INC. 43 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H 38.8.2. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. 38.9. Each _- Change _Order _must _ state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." 39. Notification and Claim for Change of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by Consultant in accordance with Article 12 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, , impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delay; Compensable; Non - Compensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. ATKINS NORTH AMERICA, INC. 44 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable_ Delay .may _be_ compensable _or_ non- compensable:.__. __- (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be one thousand four hundred dollars ($1,400) per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non - Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so notify City and Consultant in writing. Consultant and City shall then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then re are a Certificate of Substantial Completion in p p p the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. ATKINS NORTH AMERICA, INC. 45 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H 1. 43. No Interest: Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including,_ but_ interest. However, the prov_isions of City's_prompt_payment__ _ ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop Drawings: 44.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 44.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 44.6. Consultant shall review and approve Shop Drawings within fourteen (14) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and /or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and /or interdependent items, p check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. ATKINS NORTH AMERICA, INC. 46 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H 44.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. - -- — — 45. Field Layout of the Work and Record Drawings: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as- built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final payment. 45.2. Contractor shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 45.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as -built drawings acceptable to Consultant. 46. Safety and Protection: 46.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 46.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor . Contractor's duties and responsibilities for the safety and protection of the work shall continue ATKINS NORTH AMERICA, INC. 47 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the_prevention of accidents. person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. [ ] 47.Final Bill of Materials: Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 48. Payment by City for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 49. Project Sign: Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines'. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, ATKINS NORTH AMERICA, INC. 48 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 52. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. Contractor shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 54. Project Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy -two (72) hours written notice. ATKINS NORTH AMERICA, INC. 49 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H SCHEDULE G INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS. See attached Certificates of Insurance and Affidavits • ATKINS NORTH AMERICA, INC. 5 MAY 2011 SCHEDULES A B, C, D, E, F, G & H 6 ' DATE AL_— " CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 05/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy_, certain policies may require an endorsement. A statement on this_ certificate does not co nfer rights to the __ certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAMF- Willis North America, Inc. PHONE FAX 26 Century Blvd. E- MAI N( - )FXT) - 877 -945 -7378 (A/ No). 888- 467 -2378 P. 0. Box 305191 E -MAIL Nashville, TN 372305191 AnnRFSS- certificates@willis.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Underwriters at Lloyd's London (IL) 15792 - 101 INSURED Atkins North America, Inc INSURER B: 2001 NW 107th Avenue INSURER C: Miami, FL 33172 -2507 INSURER D: INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER: 15941297 REVISION NUMBER:See Remarks THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'NSR TYPE OF INSURANCE ADD'L SUBP. P OLICY NUMBER POLICY EFF POLICY EXP I N&Rn WVn (MMlnrllYYYY) (mminn/YYW) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Eaoccurence) $ •i CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ - 1 POLICY PRO - .IFr;T LOC $ AUTOMOBILE LIABILITY COMBINED aB dED) INGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) HIRED AUTOS NON -OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS L1AB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION STATU- TORY I IMI - OTH FR AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR /PARTNER/EXECUTIVE 7 N /A E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? Ry ndatdeoscri b ry in e Nu nd e E.L. DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A B080111209P11 4/1/2011 4/1/2012 $1,000,000 Each Claim & Professional Liability $1,000,000 Annual Aggregate 11/11/1961 Retrodate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach Acord 101, Additonal Remarks Schedule, if more space is required) THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 5/4/2011 WITH ID: 15940813 Effective April 1, 2011, Post, Buckley, Schuh & Jernigan, Inc., d /b /a PBS &J changed its name officially to Atkins North America, Inc. Policy written on Claims -made Form. • Underwriters at Lloyd's London AM Best Rating: A XV. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Miami Beach City Manager's Office AUTHORIZEDREPRESENTATIVE Attn: Matilde E. Reyes, RA 1700 Convention Center Drive �.� Miami Beach, FL 33139 k - Coll :3349733 Tp1:1249269 Cert :15 • • 7 © 1988 -2010 ACORD CORPORATION. All rights reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 22013308 LOC #: ACOR© ADDITIONAL REMARKS SCHEDULE Paged of 2— AGENCY NAMED INSURED Atkins North America, Inc Willis North America, Inc. 2001 NW 107th Avenue POLICY NUMBER - -- - Miami, FL 33172-2507 B080111209P11 CARRIER NAIC CODE Underwriters at Lloyd's London (IL) 15792 -101 EFFECTIVE DATE: 04/01/2011 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Client Reference /Job Number: Professional Architecture and Engineering Services for The South Pointe Park Pier Project Resolution No. 2011- 27628. I ' J ACORD 101 (2008/01) Coll: 3349733 Tp1:1249269 Cert:15941297 © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 3 ® D ATE (MMIDDIYYYY) A ° CERTIFICATE OF LIABILITY INSURANCE 05/04/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poticy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the _ certificate holder in lieu of such endorsement(s). ` PRODUCER 1 -866- 220 -4625 CONTACT Holmes Murphy and Associates - Omaha PHONE FAX (A /C. No. Ext): I (A /C, No): 2637 South 158th Plaza ADDRESS: Suite 200 Omaha, NE 68130 INSURERS) AFFORDING COVERAGE NAIC # INSURERA: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURED INSURER B : AMERICAN GUARANTEE & LIABILTY INSURANCE 26247 Atkins North America, Inc. INSURER C STEADFAST INSURANCE COMPANY 26387 2001 NW 107th Avenue INSURERD: Miami, FL 33172 -2507 INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER: 21038439 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM /DD/YYYY) (MMIDDIYYYY) LIMITS A GENERAL LIABILITY GLO 9139458 - 09/30/1C 09/30/11 EACH OCCURRENCE $ 1,000,000 ]( DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES�Ea occurrence) $ 1.000, 000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 25, 000 X Contractual Liability PERSONAL &ADVINJURY $ 1 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 7 POLICY X JEC -- X LOC - $ B AUTOMOBILE LIABILITY BAP 9139457 - 09/30/1C 09/30/11 COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED - SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS ( ) _ X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS r X AUTOS jPer accident) X Contractua_ $ C X UMBRELLA LIAB X OCCUR AUC 508762106 09/30/10 09/30/11 EACH OCCURRENCE $ 25, 000, 000 _ EXCESS LIAB CLAIMS -MADE AGGREGATE $ 25, 000, 000 DED RETENTION $ 0 $ A WORKERS COMPENSATION WC 9139459 -04 f WC STATU OTH- AND EMPLOYERS' LIABILITY YI 09/30/1C 09/30/11 X I TORY I IMIT S ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) - E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: Professional Architecture and Engineering Services for the South Pointe Park Pier Project Resolution No. 2011 -27628 City of Miami Beach, Florida is an Additional Insured on the General Liability, including Completed Operations (GL ONLY) and the Automobile Liability, if required by contract, with respect to the operations of the insured on the above listed project. See attached for additioinal wording. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Miami Beach, Florida, City of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Manager's Office ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Drive ------- -_--- --- - - --_— _ __ __ - _ •' AUTHORIZED REPRESENTATIVE Miami Beach, FL 33139 -4 , USA © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD edornne SUPPLEMENT TO CERTIFICATE OF INSURANCE 05/0 NAME OF INSURED: Atkins North America, Inc. Effective April 1, 2011, Post, Buckley, Schuh & Jernigan, Inc., d /b /a/ PBS &J changed its name officially to Atkins North__America,_ Inc. ___ -` There are no Deductibles or Self- Insured Retentions on the General Liability, Automobile Liability and Workers Compensation and Umbrella coverages. Steadfast Insurance Company/ #26387 - AM Best Rating = A XV Zurich American Insurance Company / #16535 - AM Best Rating = A XV American Guarantee and Liability Insurance Company / #26247 - AM Best Rating = A XV i t is { SUPP (10/00) ZBlanket Notification to Others of Cancellation URICH Policy Policy No. Eff. Date of Pol. Exp. Date of Poi, Eff. Date of End. Producer Add'1 Prem. Return Prem. GLO 913945a -04 09/30/10 09/30/11 01/01/11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate, Such Schedule may be updated and provided to us by the First Named insured during the policy period_ Such updated Schedule must comply with Paragraphs 2., 3., and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement wilt be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement, D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only, Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2, Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. ** 30 DAYS NOTICE OF CANCELLATION ** ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED_ 13 -GL- 1114 -A CW (10 /02) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 02 24 10 93 EARLIER NOTICE OF CANCELLATION PROVIDED _BY U This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below, Endorsement effective Policy No. 12:01 A.M. standard time Named Insured Countersigned by (Auth.osized Representative) SCHEDULE Number of Days' Notice: see below • 10 Day Notice for Non- Payment of Premium • 30 Day Notice for Fraud, Misrepresentation, Changes in Conditions or Insolvency • 90 Day Notice for Any other Reason (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as ' applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. • CL 648 (10 -93) CG 02 24 10 93 Copyright, Insurance Services Office, Inc., 1392 Page 1 of 1 Notification to Others of Cancellation or �. Non renewal Policy No, Eff. Date of Pol. Exp, Date of Pal, Eff, Cate of End, Producer f4a. Add'E Prem Return Prem. BAP 9139457 -04 09/30110 09/30/11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modus Insurance s r'ance pravtded under the: Commercial Automobile Coverage Part A. If we nand or non - renew this Coverage Part by written notice to the first Named insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non - renewal: 1. To the name and address t# Tess corresponding to each person or organization shown in the Schedule f be ow; and 2. At least 10 days prior to the effective date of the cancellation or non- renewal, as advised in our notice to the first • Named insured, or the longer number of days notice if indicated in the Schedule below. B. if we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation, C. If notice as described in Paragraphs A, or B, of this endorsement is mailed, proof of mailing will be sufficient proof of • such notice. SCHEDULE Name and Address of Other Person {s} Ora anization s : Number of Days Notice: • • G • • • All other terms and conditions of this policy remain unchanged. iI -CA -810 -A OW (05110) irtrlitrtwc } Of rnmerirthtari rn =tonal of indorranra r arvinaa flftr' with tth ita ruarrnicclnn • EARLIER NOTICE OF NON- RENEWAL OR CHANGE rN COVERAGE ZURICH Pafiny No. Eft Onto of PDI. , Dim of Pot Bf. Date or End, Pn ducC7 Addl. Prom Return Prom. BAP 9139457 -04 09/30/2010 09/30/2011 S This endorsement modifies the insurance provided under the following: COMMERCIAL L GENERAL LABILITY COVERAGE FORM BUSINESS AUTO/v COVERAGE RO SCHEDULE • Number or Day's Notice 10 DAYS FOR NON- PAYMENT OF PREMiUNEM 30 DAYS FOR FRAUD, MISREPRESENTATION, CHANGES IN CONDITIONS OR INSOLVENCY 90 DAYS FOR ANY OTHER REASON (If en { try appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.} A, For antutori Y 73'permitted reason other than nonpayment of premium, the number of clays Inquired for notice o#' nan- renewal, as provided in the Policy Conditions, as amended bie staters change in coverage regulation is increased to the number of days applicable state i e Schedule as provided by an agplira- Y Schedule abate, B, We will not provide notice of non - renewal and/or change in coverage to the frst Named Inured or any person or organiza- tion shown in the Schedule, if I. You have purchased insurance eisewherer 2. You have obtained replacement coverage or have agreed in writing to obtain replacement coverage; 3. You. have requested or agreed to non-renewal; or 4, We, or another company within the same insurance group have offered to issue a renewal, Us.011- 596 -A CW (05/02) In nudes copyrighted material of Insurance Services Office, Inc. WIfh Its peirnlssion. Page i of i i • WORKERS COMPENSATION AND EMPLOYERS LIASILfTY INSURANCE POLICY U -WC X32 »A • NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part $Ix of the policy.: PART SIX CONDmoNS F. NottfloatIon To Others Of CanceIlat:ion • 1, If we cancel this policy by written notice to you for any reason other than nonpayment deliver electronic notification to each person or organization shown in a Sche provided to premium ' you, u, MI such Schedule, by you a, Must be Initially provided to us within tS mays: After the beginning of the policy period shown in the Declarations; or After this endorsement has been added to policy; b. Must contain the names and a -mail addresses of only the parsons or organizations requiring notification that this policy has been canoeI ed; 0, Must be in an electronic format that Is acceptable to us; and d. Must be accurate. Such Schedule may be updated and provided to us by you during the policy period, Such updated Schedule must comply with Paragraphs q, c, and d. above. 2. Our delivery of the electronic notification as described In Paragraph t of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation Is mailed or delivered to you, Delivery of the notification as described in Paragraph 1. of this endorsement will be completed as soon es practicable after the effective date of cancellation to you. 3. Proof of entailing the etectronio notification will be sufficient proof thetwe have complied with Paragrap;ts 1, and 2. of this endorsement. 4. Our delivery of electronic notification described in paragraphs 1, and 2, of this endorsement is intended as a courtesy only. Ow failure to provide such delivery of electronic notification will not. a. Extend the policy oenreliatlort date; Ib. Negate the cancellation; or c. Provide any additional insuranoe that would not have been provided in the absence ence of this 5, We are not responstie for the acouracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs 1, and 2, of this endorsement, 30 RAY NOTICE OF CANCELLATION Ail other terms and conditions of this policy remain unchanged, This endorsement changes the pollcyte which it is attached and is effective on the date Issued unless otherwise stated, (The information below is required on)ywhen this endorsement is tesued suheequentto pCeparation of the policy.) Endorsement Effective: 02123/11 Policy Edo. WC 9139469 -t�4 Insured Atkins North America, Inc. Endorsement Ho, Premium .$ insurance Company U - WC - 332 A (Ed, 07 4 4 ) Includes oopyrigmed materialof National Council on Compensation Insurance, Inc. usedivttli it permission, - 7 Endorsement NOTICE OF CANCELLATIONNON-RENEWAL ZURICH Poliay Nv, Pr; Dato of Poi ail Kato of Pol. DOG of End Producer , dd`E Pmm Roturn Prom WC 9/3945904 09/301210 09/302011 118 • WORKERS COMPENSATION Alq) EMPLO'Y'ERS LIA 3LXTY INSURANCE POLICY THIS ENDORSEMENT AMENDS THE POLICY AS FOLLOWS: i 10 DAYS NOTICE FOR NON-PAYMENT AYMENT OF PREMIUM . 30 DAYS NOTICE QTR E FOR FRAUD, MISREPRESENTATION, CHANGES EN CONDITIONS, OR INSOLVENCY • 90 DAYS NOTICE FOR ANY OTHER REASON • ti CJ'WC332A (7/44) Page 1 of 1 it J- 1./ City of Miami Beach Bid RFQ 04 -10/11 DECLARATION TO: - -- City of- Miami- Beach— — -- — = -- — -- City Hall 1700 Convention Center Drive Procurement Division li Miami Beach, Florida 33139 Submitted this 6th day of December 2010. The undersigned, as propose, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document for establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The Proposer states that the response is based upon the documents identified by the following number: RFQ No. 04- 10/11. SIG ATURE Randy Larson, PE, CCM PRINTED NAME Grorup Company President TITLE (IF CORPORATION) December 13, 2010 RFQ No: 04 -10/11 City of Miami Beach 34 of 50 i Nov 12. 2010 5:18:27 PM EST p_ 45 City of Miami Beach Bid RFQ 04 -10/11 SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to The City of Miami Beach [print name of public entity] B Randy Larson, PE, CCM, Group Company President [print individual's name and title] For Post, Buckley, Schuh &Jernigan, Inc., d /bla PBS &J (PBS&J), an Atkins company [print name of entity submitting sworn statement] Whose business address is 4030 West Bay Scout Boulevard 700, Tampa, Florida 33607 And (if applicable) its Federal Employer Identification Number (FEIN) is 59- 0896138 (If the Entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ). I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted December 13, 2010 RFQ No: 04 -10/11 City of Miami Beach 35 of 50 Nov 12, 2010 5:18:27 PM EST J' p- 46 iVl City of Miami Beach Bid RFQ 04-10/11 of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. understand that a "person" as defined in Paragraph 287,133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in neither the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. 1 ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE I E INFORMATION CONTAINED IN THIS FORM. [Signature] Randy Larson, PE, CCM Group Company President Sworn to and subscribed before me this 6th day of December , 2010 Personally Known OR Produced identification Notary Public - State of Florida N/A My commission expires cAlov -e (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) * ett MONICA M. VAZQUEZ December 13, 2010 ; RAY COMMISSION # DI) 733484 RFQ No: 04 -10/11 City of Miami Beach t3: S "' ' <= �' , .�� -Qa EXPIRES: November 18, 2011 i 36 of 50 1 ;o a Bonded lbw Notary Public Underwriters Nov 12, 2010 5 :18:27 PM EST 11 �C1(� � � 1 p_ 47 City of Miami Beach Bid RFQ 04 -10/11 QUESTIONNAIRE Proposer's Name: — — Post,, Buckley, Schuh &Jernigan, Inc:, d/b /a PBS &J - (PBS &J) - an - Atkins - company -- — -- Principal Office Address: 4030 West Bay Scout Boulevard 700, Tampa, Florida 33607 Official Representative: Donald Vrana, CPA, Executive Vice President/Chief Financial Officer Individual Pa • hi • (Circle One) orporation If a Corporation, answer this: When Incorporated: February 29, 1960 in what State: Florida if a Foreign Corporation: Date of Registration with Florida Secretary of State: N/A Name of Resident Agent: Charles (Ernie) Edgar, Vice President /General Counsel Address of Resident Agent: 4030 West Boy Scout Boulevard Suite 700, Tampa, Florida 33607 President's Name: Robert Paulsen, PE, President/CEO Randy Larson, PE, CCM, Group Company President (Infrastructure, Water, and Environment); L Dean Fox, F.SAME, Group Company President (Design and Federal); Max Crumit, PE, Group Company President (Transportation) Executive Vice - President's Name: Donald Vrana, CPA, Executive Vice President/Chief Financial Officer Treasurer's Name: Donald Vrana, CPA, Executive Vice President/Chief Financial Officer December 13, 2010 RFQ No: 04 -10/11 City or Miami Beach 37 of 50 Nov 12 2010 5:18:27 PM EST p. 48 .tut City of Miami Beach Bid RFQ 04 -10/11 Members of Board of Directors: N/A If a Partnership: N/A Date of organization: N/A General or Limited Partnership *: N/A Name and Address of Each Partner: NAME ADDRESS N/A N/A N/A N/A * Designate general partners in a Limited Partnership WA 1. Number of years of relevant experience in operating same or similar business: 50 years 2. Have any agreements held by Proposer for a project ever been canceled? Yes () No (/) if yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder /Proposer refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? No If yes, please explain: N/A 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership ?Yes ( ) No (1) if yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. —I - December 13, 2010 RFQ No: 04-10/11 City of Miami Beach 38 of 50 Nov 12, 2010 5:1827 PM EST p 49 1VL City of Miami Beach Bid RFQ 04 -10/11 5. Person or persons interested in this RFP and Qualification Form have ( ) have not (1) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent — — (10%). Strike out inappropriate words) Explain any convictions: NIA 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10 %) interest: A. List all pending lawsuits: PBS &J is a nationwide firm and and like all professional firms in this ligitious society, has been involved in claims and suits over the past 50 years. Please see attached active litigation list at the end of this section. B. List all judgments from lawsuits in the last five (5) years: None C. List any criminal violations andfor convictions of the Proposer and/or any of its principals: None 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this Proposal: (If none, state same,) N/A 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and /or individuals and entities comprising or representing such Proposer and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of Proposals. No public relations firms, lawyers, or lobbyists represented PBS &J in the pursuit or development of this project. December 13, 2010 RFC/ No: 04-10/11 City of Miami Beach 39 of 50 Nov 12, 2010 5:18:27 PM EST p_ 50 8. Public Disclosure Proposal Team Members: Humberto Alonso Jr., AIA, William Pitcher, PE, Ken Jones, PE, Adam Gelber, David Conrad, PE, Suramy — - Cabrera,-PE, Victor Herrera, _P_E,_Harry B_elton,_RLA,_ Kristin Caborn,CPRE,FCP Pedro Trevin, PE, LEED AP, Pelayo Calante, PE, LEED AP, Larry Levis, AIA, Jeffrey Warmington, AIA, NCARB, LEED AP, Thomas Kaderabek, PE, Barry Goldstein, PE, Wayne Lasch, PE, Robert Tolsma, PE, PPM, John Morgan II, PLS, David Coggin, PSM, Roberto Mantecon, PSM, Carlos del Valle, PSM, Charles McDuff, PE, CCE, CVS -Life, LEED AP, Stacey Roberts, Leslie Childs, PE, Beth Zimmer, Mofa Hassoun, PE, Juan Alfonso, Armando Amet 11I, Vince Briones, PE, LEED AP BD+-C, CPMP • t 2 City of Miami Beach Bid RFQ 04 -10/11 The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed contract, and such information is warranted by- the - Proposer -to -be -true- and- accurateThe- Proposer- agrees -to_fur-nish_such_additional information, prior to acceptance of any Proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, through the Miami Beach Police Department. By submitting this Questionnaire the Proposer agrees to cooperate with this investigation, including but not limited to fingerprinting and providing information for a credit check. PROPOSER WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name ATTEST: IF CORPORATION: f � Post, Buckley, Schuh & Jernigan, Inc., d /bfa PBS &J (PBS &J), an Atkins company Signat Print Name of Corporation Charles (Ernie) Edgar, Vice resident/General Counsel 4030 West Boy Scout Boulevard ) Suite 700, Tampa, Florida 33607 Print Name ; Address By: ' 1`. ! el President (CORPORATE SEAL) Randy Larson, PE, CCM, Group Company President Print Name } December 13, 2010 RFQ No; 04 -10111 City of Miami Beach 40 of 50 Nov 12, 2010 5.18:27 PM EST p. 51 0 N M L u O u I ��,. _ O N L �' N "' E m O on in D Ql 1�+ a--1 O Q , U C 9 v, ID ,n O 0 0 2 0 cc t' `f i^ x 3 ro •y Y to o t i C ,n `m �• j Ca 2 Y F •O 0 C 07 V, u c w S Q y m QQ ° 'C a :4 E m E w V o n O E Q ,c c o �^ = m c ° 'P C m e oo Nom a n L c o 'D • p D O Y o N C O"a L-a 1n - fa ._ . 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J .G C 'O O ci Y m 0. m w ■S I a e� N w N 0. • Y eH P m I } W ui a r r a° N i 0 U • m 0 ✓ o o g C N O v d LO ti 1 0 \ a M N 1� ID 0 N m 0 N ° j 2 . v) m ` X 7 0 c 4_, N u ▪ u o VI N U O W I, a-. ■ 3 V' Q E v c a m L_ y 3 `o E Q m 0 c • • E y ro a • F u ° m c C C C .4, N j +' . p O LL O Ln p d L/' rovu m .; n J m a [7 ' . N C c U s= Ln u E C. w 11 c , La m r E a m a' m n`mo.� E x _4.. t o '> c a� ci -a aai - - ,. -e z a - N _ to - U O r E o m d 'n = u O . 1 u E ._ LL LL cc o a o.. c A!, City of Miami Beach Bid RFQ 04- 10111 M IAMIBEACH - - -- _ -- CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Post, Buckley, Schuh & Jernigan, Inc., d/b /a PBS &J (PBS &J), an Atkins company Name of Company Contact Person: Randy Larson, PE, CCM, Group Company President Phone Number: 813.282.7275 Fax Number: 813.281.2691 E -mail: RLLarson @pbsj.com Vendor Number (if known): Federal ID or Social Security Number: 59- 0896138 Approximate Number of Employees in the U.S.: 3,438 (If 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No Union name(s): No Section 2. Compliance Questions Question 1. Nondiscrimination - Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. _ Race 'Yes _ No _ Sex /Yes _ No _ Color ✓ Yes _ No _ Sexual Orientation /Yes _ No _ Creed ✓ Yes _ No _ Gender Identity (transgender status) /Yes _ No _ Religion /Yes — _ No _ Domestic partner status ✓ Yes No r — _ National origin ✓ Yes _ No _ Marital status ✓ Yes No _ Ancestry ✓ Yes No _ Disability ✓ Yes _ No _ Age ✓ Yes _ No _ AIDS /HIV status ✓ Yes — No _ Height ✓ Yes _ No _ Weight ✓ Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter • into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. /Yes No — — December 13, 2010 RFQ No: 04 -10111 City of Miami Beach 41 of 50 Nov 12, 2010 5:18:27 PM EST p. 52 r - 1/I City of Miami Beach Bid RFQ 04 -10/11 Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners — - Questions 2A and -2B- should -be- answered - -YES - even if your- employees -- must- pay - - -- some or all of the cost of spousal or domestic partner benefits. A. Will your company provide or offer access to any benefits to employees with spouses and/or to spouses of employees that may be assigned to work on the City of Miami Beach contract? /Yes No B. Will your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees that may be assigned to work on the City of Miami Beach contract? ✓ Yes No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered "NO" to both Questions 2A and 2B, go to Section 4 (at the .bottom of this page), complete and sign the form, filling in all items requested. if you answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. C. Please check al! benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Yes for Employees No, this - Documentation of this Employees with with Domestic Benefit is Not Benefit is Submitted Spouses Partners Offered with this Form Health E1 0 ❑ d Dental p Lp ❑ p vision p d ❑ p Retirement (Pension, 0 i7 ❑ CI 401(k), etc.) Bereavement p ❑ 21 Family Leave C] 21 ❑ [7 Parental Leave IZ L7 ❑ a Employee Assistance 0 Q ❑ E] Program Relocation & Travel LQ 21 ❑ 1:1 Company Discount, 0 l] ❑ Gl Facilities & Events Credit Union fl _ p ❑ p Child Care p p o p Other 0 p o [p Colonial Whole Life Insurance, Colonial Medical Bridge, Hyatt Legal, Long - term Care, LTD, STD, Cancer Care insurance Note: if you cannot offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a December 13, 2010 RFQ No: 04 -10/11 City of Miami Beach 42 of 50 Nov 12, 2010 5:18:27 PM EST p. 53 1 City of Miami Beach Bid RFQ 04 -10/11 completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee, Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C, Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? ✓Yes No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this 6th d ay o _ December , in the year 2010 , at f *Alt a 4030 West Boy Scout Boulevard, Suite 700 Sign ture Mailing Address Randy Larson, PE, CCM Tampa, Florida 33607 Name of Signatory City, State, Zip Code Group Company President Title • • December 13, 2010 RFQ No: 04-10111 City of Miami Beach 43 of 50 Nov 12. 2010 5:18:27 PM EST p. 54 SCHEDULE H BEST VALUE AMENDMENT NA 1 • ATKINS NORTH AMERICA, INC. 51 MAY 2011 SCHEDULES A, B, C, D, E, F, G & H