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94-21242 Reso r s, Jr r RESOLUTION NUMBER 94-21242 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THOMPSON AND WOOD, INC. , FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR PHASE II OF THE LINCOLN ROAD AREA CAPITAL IMPROVEMENT PROJECT. WHEREAS, the City has been involved with the Lincoln Road Task Force and sponsored the planning process for the revitalization of . the Lincoln Road Area; and WHEREAS, pursuant to the visioning process vital to this revitalization, many of the country' s outstanding designers and planners were on teams that responded to the request for proposals for the original planning process; and WHEREAS, after public input and interaction, the team which included architects from the firm of Thompson and Wood, Inc. , were selected to prepare the Master Plan and the Phase I Improvement Plan for the Lincoln Road Area; and WHEREAS, it is the City' s desire, in proceeding toward Phase II of the Lincoln Road Area Capital Improvements Project, to continue to retain the aforestated architectural team. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute an Agreement, attached as "Exhibit A" , with Thompson and Wood, Inc. , for Architectural and Engineering Services for Phase II of the Lincoln Road Area Capital Improvement Project . PASSED and ADOPTED this 27th July 19 4 . Mayor ATTEST: FORM APPROVED CITY CLERK LEGAL DEPT RMC :JL:pp By cjack.[/Ben%ood.res -- L)_� M I CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. TO: Mayor Seymour Gelber and DATE: July 27, 1994 Members of the City Commission FROM: Roger M. Carlte City Manager SUBJECT: ARCHITECTURAL,ENGINEERING,AND DESIGN SERVICES FOR PHYSICAL IMPROVEMENT OF THE LINCOLN ROAD DISTRICT WITH THOMPSON AND WOOD, INC. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the Contract for Architectural and Engineering Services to accomplish the Physical Improvements of the Lincoln Road Capital Improvement District#1, with the firm of Thompson and Wood, Inc. This work will_include design services, permitting, graphics, geotechnical services, and an arts program to include fountain design and signage. BACKGROUND For more than two years, the City has worked with the Lincoln Road Partnership (formerly Lincoln Road Task Force)and sponsored the planning process for the revitalization of Lincoln Road. In October of 1992, an RFP was issued seeking a multi-disciplined team of consultants to advise on the revitalization possibilities for Lincoln Road. Many of this country's best designers and planners were represented on teams that responded. In January of 1993, after much public input and interaction,the combined expertise of Forest City Ratner,Ben Thompson&Associates, Kimley Horn,and others were chosen to do the Lincoln Road study. That contract was recently completed,yielding a Master Plan Report and the recommendations for Phase I improvements to be completed by late May, 1994. During that period, Ben Thompson & Associates divided as a firm, and Jane Thompson and Benjamin Wood became the firm of Thompson and Wood, Inc.,keeping responsibility for completing this project. Ben Wood has remained as the principal architect and designer for the Lincoln Road Capital Improvements Planning. The obvious and exciting improvements done as part of Phase I have made Lincoln Road better. Now the need and desire for Phase II improvements,including the chance to adjust and enhance the Phase I improvements,is pending. Ben Wood will continue his role, identifying and securing the best team members for landscape, lighting, signage, etc. As an example, the Administration is negotiating with Martha Schwartz, the landscape architect team with Spillis Candela & Partners, Inc./Arata Isozaki, for the Bass Museum project to provide landscape architectural services. Kimley Horn will be the team member to complete the hard engineering components of the project. As additional subconsultants and selected,the recommendation will be reviewed by the Lincoln Road Partnership and the City Commission. I. The Architectural and Engineering Services will encompass: I. The Lincoln Road"Mall Area" from the 400 through the 1000 Block. This will include pedestrian oriented enhancements, beautification and infrastructure improvements. 2. The Road Ends within the District on the 200, 300, 1100, 1200, 1300 and 1400 Block of Lincoln AGENDA ITEM DATE i r Road will have streetscape, roadway, and infrastructure improvements. 3. The North/South(cross streets)of Lincoln Road will have streetscape,roadways, and infrastructure improvements to± 120 feet each of James and Drexel through Lenox Avenue, where they cross the Central area. 4. The street extensions from the previously described North/South Centers will extend north t o p Street and south approximately 150 feet. They will be included in the program of streetscae roadway, and infrastructure improvements. p ' 5• The North/South Cross Streets,Alton Road and Washington Avenue from 16th to 17th Collins Avenue(west side only) 150 feet north, and 250 feet south of its intersection withrLin Lincoln Road. oln II. Description of physical rovements men 1• Streetscape Improvements. a. Mature shade tree program b. Newly paved pedestrian walkways and sidewalks C. Pedestrian vehicular roadway and special feature lighting d. Lapidus shade structure restoration e. New fountain design and restoration of selected, existing fountains f. Landscape plans for new and existing planters, medians, and special amenity areas g. Extension of irrigation plans including a drip irrigation system h. Street furniture i. Gateway information kiosks j. Artist's/architect's design enrichment k• A graphic and signage package 1• Other special features such as creative lighting, strobes, etc. 2. Roadway and Curb work a. North/South Avenue Intersections b. Documentation and specifications for repair and replacement C. Signing and marking plans d• Surface drainage plans e• Maintenance of traffic plans f. Signalization improvements 3. Infrastructure Improvements a. Storm drainage b. Potable water C. Sanitary sewer d• Electrical service III. Public Involvement 1• During the Schematic and Subsequent Design Development Phase and before working drawings begin, the Lincoln Road Partnership through the Board of Directors will review a minimum of three Design Concepts that the architect will present. A special meeting of owners, tenants and residents of the Capital istrict will be convened so that the.design team will be fully aware of the input from said owners, tenants and residents. The City Administration will participate in the meeting, and the results will be brought to the City Commission for review.. The purpose of the above described process is to ensure that the maximum feasible public input is provided and the results incorporated in the final design concepts. 2• Informal Public Meetings for dissemination of.information. r 1 1 3. Formal public meetings for review and action items. IV. Arts Program 1. A budget of,not to exceed$146,000,has been provided for aesthetic enrichment of the basic design. The cost will be a direct pass-thru with no mark-ups. The budget is broken down as follows: a. Art Program Coordinator($25,000) b. Fountain Design($60,000) C. Graphic Design and Environmental Art Commissions ($61,000) 2. Cesar Trasobares of Miami has been selected by Thompson and Wood, Inc., as the Art Program Coordinator,based upon input from the Lincoln Road Partnership. (see attached resume). Individual artists and designers of local, national, and international importance will be contacted and interviewed under a program administered by Mr. Trasobares. His responsibilities will include administration and a comprehensive and compliant Arts Program in close coordination with the Design Team, the Partnership, and the City. 3. Selection of artists and environmental designers will be the responsibility of the Design Team,the Lincoln Road Partnership, and the City of Miami Beach. V. Similar Projects A review of similar projects to compare architectural and engineering costs are as follows: 1. Boca Raton has a$50 million project which began in 1988 and is on going with 80%completed as of 1993. The project includes streetscape, infrastructure, paving, road works, street furniture, signage, etc. The architectural and engineering services are approximately 19% of the total construction cost. 2. In 1993, West Palm Beach completed a downtown streetscape project that cost $1.5 million. Included was new paving,trees,street furniture, signage, etc. Basic Architectural and Engineering services were 11%of the total expended. 3. Bayside,MiamL Miami which was built in 1988, by the Rouse Company had hard construction cost of$44 million. The basic services Architectural and Design Contract was 9.2% plus 3.2% for additional services. 4. Century City Market Placg - Los Angeles, California, did major renovations in 1988. It had hard construction costs of$14 million. The Architectural and Design basic service was 10% with an additional architectural and design costs of 2.5%for special artistic requirements. VI. Expenditures 1. To date, $165,000,which was the basic fee,has been spent for the development of the master plan. Included in the plan was: Executive. Summary, Introduction, Market Analysis, Shared Vision, Physical Development Plans, Cost Estimate and Phasing, Management and Marketing, Project Financing, Business Incentives, Construction Mitigation, and the Conclusion. 2. Further, Phase I work created an immediate basic improvement of the Road including new lighting, demolition and cleanup, repair plus coating of sidewalks, landscaping., and architectural design services. The costs was $472, 743 of which $100,000 was a Federal Grant g for Hurricane Relief. VII. Basic Design Services 1. The Basic Design Fee is$1;404,000,and is 8.6%of the total budget of$16.3 million. This is a lump r sum fee and is all inclusive and covers architectural, streetscape, landscape, lighting, infrastructure and engineering design services,permitting, agency coordination,maintenance of traffic plans and completion of a comprehensive construction mitigation plan. This fee is fixed for the aforementioned basic services. Only a change in scope will incur additional costs and would have to be approved by the Commission prior to inception. 2. Thompson and Wood, Inc., is the prime consultant for all services. Kimley Horn is a major sub- consultant for all engineering including infrastructure of which a substantial portion is federally mandated. Further, they will be responsible for the engineering to replace curbs, sidewalks, and repaving of the roads in the district. $7.3 million of the $16.3 million required for the project will be for this portion of the work. Thompson and Wood, Inc., will be augmented by preeminent national and local landscape and plant material design expertise. Final selection of sub-consultants will be determined after consultation with representatives of the Lincoln Road Partnership and approved by the City Commission. 3. Other services,outside the basic fee,are third party contracts. The total cost for these services will not exceed $113,000 and will be direct s.ass-thru without mark-ups. P a. Land Survey and Photography ($91,000) b. Geotechnical Survey and Documentation($22,000) Fu 1. The funds required for this project will be made available through a loan from the Sunshine State Municipal Loan Pool until the construction is fully implemented and the assessments begin. Property owners in the Lincoln Road Capital Improvements District#1 will contribute $4.5 million collected over 15 years in annual assessments. The remaining $11.8 million will be repaid in part by gas tax,water and sewer funds, and other Federal and State resources. CONCLUSION Approval of this contract will provide the Lincoln Road District with the plans and means to complete a successful revitalization program. The City will benefit from a revitalized Lincoln Road. This will bring people and funds to our City, provide jobs and will increase property values. AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THOMPSON &WOOD, INC. FOR PROVIDING PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE LINCOLN ROAD AREA CAPITAL IMPROVEMENTS PROJECT THIS AGREEMENT made and entered into this day of 994 by and between the CITY OF MIAMI BEACH, a municipal corporation existing.under the laws of the State of Florida(hereinafter referred to as City or Owner), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 and THOMPSON AND WOOD, INC., a Massachusetts Corporation having its principal offices at 14 Story Street, Cambridge, Massachusetts, 02138 (hereinafter referred to as Consultant or Architect). WITNESSETH: WHEREAS, pursuant to its approval of Resolution No. 94-21165, which established the special assessment district known as the Lincoln Road Capital Improvements District No. 1, City intends to proceed with certain improvements including, but not limited to, new sidewalks, landscaping, irrigation, street furnishings, roadway, traffic signal, lighting, utility, and drainage improvements for the overall redevelopment ad revitalization of the Lincoln Road Area, as defined herein, (the Project); and WHEREAS, the City desires to enter into an Agreement with the Consultant for performance of architectural, engineering, and related professional services relative to this Project as more particularly hereinafter set forth, for the study, design, preparation of construction documents, program management, and public involvement, all as hereinafter stipulated. WHEREAS, due to the intensive amount of engineering work required by the Project, the Consultant intends to enter into a sub-consultant agreement with the firm of Kimley-Horn and Associates, Inc., having its principal offices at 14750 N.W. 77th Court, Suite 225, Miami Lakes, Florida 33016 (hereinafter referred to as Sub-Consultant or Engineer). NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: ARTICLE 1. DEFINITIONS: DUTIES AND RESPONSIBILITIES 1.1 Cltv The"City"shall mean the City of Miami Beach (City or Owner) and is a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139. The City, as a governmental entity, is subject to the availability of funds and appropriation of funds by its '. legislative body and other governmental authorities or sources of revenue, in an amount to allow continuation of its performance under this Agreement. In the event of lack of funding for this Agreement or this Project, this Agreement may be partially or entirely terminated in its entirety by the City pursuant to the procedure set forth in Article 8. 1.2 City Commission City Commission shall mean the governing and legislative body of the City. 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. 1.2.1 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made pursuant to this Agreement. Assignment and transfer'shall be defined to include sale of the majority of the stock of a corporate Consultant. 1.2.2 All City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment to this Agreement. 1.2.3 The City Commission shall hear appeals from the administrative decision of the City Manager upon the Consultant's written request, in which case the Commission's decision shall be final. 1 r 1.2.4 The City Commission shall approve or consider all change orders which exceed the sum of ten thousand dollars ($10,000.00) or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended. 1.3 City Manager The City Manager shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized designees, including a Project Coordinator and shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the Commission) to the Consultant. These authorizations shall include,without limitation: reviewing, approving, or otherwise commenting upon the schedules provided to the City by the Consultants. 1.3.1 The City Manager shall review, approve, disapprove or otherwise comment upon the Consultants' Design and Construction Documents after they are submitted to the City by the Consultants. 1.3.2 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement, which are not otherwise expressly provided for in this Agreement, and he shall render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultants'work. 1.3.3 The City Manager shall additionally be authorized, but not required, at the request of the Consultants, to reallocate monies already budgeted towards payment of the Consultants, providing, however, that he cannot increase the Consultants' compensation or other budgets established by this Agreement beyond the limits of Paragraphs 1.3.5. The City Manager, in his administrative discretion, may consult with the City Commission concerning disputes or matters arising under this Agreement, regardless of whether such matters or disputes are enumerated herein. The City Manager shall additionally be the sole representative of the City authorized to issue a Notice to Proceed. The City Manager may consider, comment upon or approve modifications in accordance with applicable laws and ordinances. 1.3.4 The City Manager may approve change orders which do not exceed the sum of ten thousand dollars ($10,000.00) or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance,as amended,and which do not increase any of the budgets established herein. 1.3.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. 1.4 Proposal Documents "Proposal Documents"shall mean the request for qualifications and proposals (Request for Proposal No. N/A ) for an "interdisciplinary team of consultants to develop a comprehensive program for the further revitalization of Lincoln Road", issued by the City, the coordinating council of the Lincoln Road Task Force and Miami Beach Development Corporation, in contemplation of this Agreement, together with all amendments thereto, if any, and the Consultants' proposal in response thereto(Proposal) which are deemed as being incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 1.5 Consultant and Sub-Consultant a) The "Consultant" is defined as the following corporation: Consultant/Architect Thompson and Wood, Inc. 14 Story Street Cambridge, MA 02138 2 JA b) Due to the intensive amount of engineering work required by the Project under the Agreement, the City and Architect, herein agree that,the"Sub-Consultant" for such engineering and related services as shall be necessary on the Project, is defined as'the following corporation: Sub-Consultant/Engineer Kimley-Horn and Associates, Inc. 14750 N.W. 77th Court, Suite 225 Miami Lakes, FL 33016 1.5.1 The Architect and the Engineer will each assign a project manager who will have the responsibility of coordinating the architectural and engineering aspects of the project, and to be directly responsible for assigned work items identified as "primary responsibilities" in the Task Assignment Schedule attached hereto and made a part hereon as Exhibit "A"- Scope of Basic Services, attached hereto and incorporated herein. These individuals will prepare a comprehensive work plan identifying project milestones, meeting dates, and a production and delivery schedule for approval by the City. Additionally, they will establish a schedule of regular meetings to be held with the City's representative and/or representatives of the Lincoln Road Area as determined necessary to maintain effective project communication, and coordination. 1.5.2 All professionals required by the needs of this Project shall be duly certified, licensed and registered under Chapter 471, Florida Statues, as an engineer, or under Chapter 481, as an architect, and shall additionally possess the requisite occupational license from the City and the County. 1.5.3 The Architect and the Engineer shall each be liable for their own consulting services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of their respective sub-consultants, however, as to the City, as the signatory and contracting party to this Agreement, the Architect shall be primarily liable. When the term "Consultant" or"Architect" is used in this Agreement, it shall refer to Thompson and Wood, Inc.. When the term"Engineer" is used in this Agreement, it shall refer to the Kimley-Horn and Associates, Inc.. The terms "Consultant" /"Architect" and "Sub-Consultant"/"Engineer", respectively shall also include the respective sub-consultants and any other person or entity acting under the direction or control of the Consultant/Architect or the Sub- Consultant/Engineer. The Consultant/Architect and the Sub-Consultant/Engineer are unrelated, separate corporations, and are not a partnership or joint venture. 1.5.4 Notwithstanding the foregoing paragraph in this section 1.5, any other required special consulting services, as applicable, shall be contracted for and coordinated by the Architect and shall be satisfactory to the City. In addition to Sub-Consultant/Engineer, the Architect proposes to utilize and the City herein approves, if applicable, the following other consultants for the project: (1)Martha Schwartz, Inc. (to assist in aesthetic enrichment program); (2) Cesar Trasobares (art usage consultant). 1.6 Basic Services "Basic Services" shall be the professional services defined in Exhibit "A". The Architect and the Engineer shall have primary or supporting responsibilities for specific project elements in accordance with the Task Assignment Schedule provided as Exhibit "A-l". The consulting fees for this Project shall be as indicated in Article 1land Exhibit "B". 1.7 The Project "The Project" means the renovation or reconstruction of streetscape, roadway, water, sanitary sewer, storm drainage, landscaping,signage, street furnishings, lighting and other capital improvements within the Lincoln Road Area, as defined herein, and as more specifically set forth as follows: The "Project Area" consists of the following segments: Area No. Reference Definition 3 r One: "Roadway Ends" Includes improvements to the 200, 300, 1200, 1300, and 1400 blocks of Lincoln Road. Togo: "Central Area" Includes improvements to the Lincoln Road "Mall" from the 400 through the 1100 blocks. Three: "North/South Centers" Includes improvements to approximately 60 feet north and south from the center of Lincoln Mall to Lenox Avenue, Michigan Avenue, Jefferson Avenue, Meridian Avenue, Euclid Avenue, Pennsylvania Avenue, and Drexel Avenue. Four: "Street Extensions" Includes streetscape, roadway, and infrastructure improvements from the previously identified North/South centers north to 17th Street and south approximately 150 feet. Five: "N/S Cross Streets" Alton Road and Washington Avenue from 16th to 17th and Collins Avenue (west side 150 feet north and 250 feet south). 1.8 Construction Cost Budget The "Construction Cost Budget" for this project shall mean a sum which will be established upon completion of the schematic Design Phase (Exhibit "A") and will be the anticipated total cost of all elements of the Project designed or specified by the Consultant and approved by the City, including the cost of construction labor and materials, and including a contingency allowable for unforeseen conditions, but not to exceed ten percent (10%) of the Construction Cost, and not including the compensation of the Consultant, the Sub-Consultant and any other sub-consultants, rights of way, the cost of land, materials testing services, and surveys. 1.9 Proiect Cost The "Project Cost", as established by the City, shall mean the total cost of the Project to the City which includes Construction Costs, professional compensation, land costs, if any, financing costs, materials testing services, surveys, and other miscellaneous costs. 1.10 Force Maieure "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, tornados, flood and total loss caused by fire and other similar unavoidable casualties, war, changes in federal, state or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on the project, or other causes beyond the Consultant's control or by any other such causes which -the Consultant and the City Commission decide, in writing, justify the delay, provided however, that market conditions, labor conditions, construction industry price trends and similar matters which normally impact on the bidding process shall not be considered a "Force Majeure." 1.11 Contractor "Contractor" or "Contractors" shall mean those persons or entities responsible for performing the construction work or providing the materials, supplies and equipment identified in the bid and contract documents for the project. 1.12 Contract for Construction "Contracts for Construction" shall mean contracts with contractors. 1.13 Construction Documents "Construction Documents" shall mean the final plans, specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.1 and Exhibit "A", and approved by the City. 1.14 Change Order 4 "Change Order" shall mean the written order approved by the owner as specified in this contract and signed by the Owner's duly authorized representative, authorizing a change in the Project or the method and manner of performance thereof or an adjustment in the fees or completion dates, as applicable. 1.15 Additional Services . "Additional Services"shall mean those services described in Section 2.2 herein, which have been duly authorized in writing by the City. 1.16 Work "Work" shall mean all of the work to be performed on the project pursuant to the Contracts for Construction. 1.17 Base Bid "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant and approved by the Owner as being within the Construction Cost Budget pursuant to the detailed cost estimate provided by the Consultant. "Base Bid" shall not include "Additive Alternatives". ARTICLE 2. SCOPE Of BASIC SERVICES 2.1 Scope of Basic Services The Consultant's Scope of Basic Services shall be as described in Exhibit "A" including the Task Assignment Schedule, which identifies the basic services to be provided by the Consultant/Architect and the Sub-Consultant/Engineer. 2.2. Additional Services The following services are not included as Basic Services unless so identified in Section 2.1 and Exhibit "A". Any additional service must be authorized per paragraph 1.2.4 or 1.3.4. .Additional Services will include the following services: 2.2.1 Preparing plans and specifications for alternate, separate or sequential bids or proposals, and providing extra services in connection with bidding, or construction prior to the completion of the Construction Documents Phase, when requested in writing by the City. 2.2.2 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 2.2.3 Making revisions in drawings, specifications or other documents when such revisions are inconsistent with approvals or instructions previously given, or are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents. If such revisions are required to be made because of error, oversight, inadvertence, clarification or discrepancy in the work of the Consultant, City shall not be liable to compensate Consultant for Additional Services in such connection. 2.2.4 Providing construction contract administration services, construction site visits, resident engineer services, or construction inspection services during the Construction Phase. 2.2.5 Providing such other professional services to the City relative to this Project which arise from subsequent circumstances and causes (excluding circumstances and causes resulting from error, inadvertence or omission of the Consultant)which do not currently exist or which are not contemplated by the parties at the time of executing this Agreement. 2.2.6 Any other such additional services as set forth in Exhibit "A" (Section 6.0) 2.3 Responsibility for Claims and Liabilities 2.3.1 Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, Sub-Consultant, and their employees, sub-contractors, agents and sub-consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and works; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect or omission in designs, working 5 drawings,and specifications or other documents prepared by the Consultant, Sub-Consultant, and their employees, sub-contractors, agents and consultants. 2.4 Schedule 2.4.1 The Consultant shall perform any Additional 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. The Consultant may submit to the City adjustments to this schedule made necessary by undue time taken by the City or others to approve the Consultant's submissions, and/or excessive time taken by the City or others to approve the work or parts of the work. The City shall not unreasonably refuse to approve such adjustments to the Schedule if the request is made in a timely manner and is justified. This Schedule, when approved by the City, shall riot, except for reasonable cause, be exceeded by the Consultant. 2.4.2 The parties agree that the Consultant's services during all phases of this Project will be performed in a manner which shall conform with the approved schedule in Exhibit "A". ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City shall provide the Consultant with the Project goals and design program, and shall provide such additional requirements for the Project as may be necessary, including existing plans, maps, as- built drawings, or other data on the Project area. The City will provide the Consultant with the size and type of water and sewer lines to be installed. During the Schematic and Subsequent Design Development Phase and before working drawings begin, the Lincoln Road Partnership through the Board of Directors will review a minimum of three Design Concepts that the architect will present. A special meeting of owners, tenants and residents of the Capital Improvement District will be convened so that the design team will be fully aware of the input from said owners. 3.2 The City may establish, based on the Consultant's recommendations, a Construction Cost Budget for each implementation phase of the Project, which will include contingencies for bidding, changes in the work during construction, and other costs which are the responsibility of the City. The City shall, at the request of the Consultant, provide a statement of funds available for the Project, and their source. 3.3 The City Manager shall designate a representative defined as the City's project Coordinator authorized to act in the City's behalf with respect to the Project. The City hereby designates Jack Lubin ,as the City's Project Coordinator. The City's Project Coordinator shall examine the documents submitted by the Consultant and shall transmit written decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant's services. 3.4 If the City observes or otherwise becomes aware of any fault or defect in the Project or non- conformance with the Contract Documents, prompt written notice thereof shall be given by the City to the Consultant. 3.5 The City shall furnish required information and services and render approvals and decisions in writing as expeditiously as necessary for the orderly progress of the Consultant's services and of the Work. No approvals required by City during the various phases of the Project shall be unreasonably delayed or withheld; provided that City shall at all times have the right to approve or reject the proposed submission(s) of Consultant on any reasonable basis. ARTICLE 4. CONSTRUCTION COST 4.1 Resoonsibility for Construction Cost 4.1.1 Consultant hereby represents to the City, and Consultant is aware that the City is relying on such representations in entering into this Agreement, that Consultant has, or can obtain, the necessary resources and expertise to provide an opinion of Probable Cost. The Consultant further understands that the City will base the size of improvement Phase and coordination therewith special assessments, upon the Consultant's estimate of Probable Construction Cost. 4.1.2 If the Bidding Phase has not commenced and advertisement for bids not occurred within two (2) months after the Consultant submits the Construction Documents to the City, the 6 Construction Cost Budget shall be adjusted to reflect any change in general level of prices in the construction industry between the date of submission of the Construction Documents to the City and the date on which bids are sought. 4.1.3 If the lowest bona fide base bid exceeds the Construction Cost Budget(adjusted as provided in subparagraph 4.1.2) by more than five percent (5%), the City Commission in its sole discretion, will have any of the following options: (1) give written approval of an increase in the Construction Cost Budget,; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize a renegotiation of the Project within a reasonable time; (3) abandon the Project and terminate in accordance with Article 10; (4) select as many deductive alternatives as may be necessary to bring the award within the Construction Cost budget; or (5)cooperate with the Consultant in reducing the Project scope and quality and construction schedule and sequence of Work as required to reduce the Construction Cost. In the event the City elects to reduce the Project scope and quality, under this subparagraph, the Consultant shall work with the City in a timely manner, to make all revisions as necessary to rebid the Project, at 85% of the consultant's hourly rate schedule. ARTICLE S. REIMBURSABLE EXPENSES 5.1 Reimbursable expenses are in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Consultant and its employees and sub-consultants in the interest of the Project for the expenses listed in the following subparagraphs. All categories of Reimbursable Expenses pursuant to this Article, must be authorized in advance by the City Manager or the City's Project Coordinator. An allowance for Reimbursable Expenses is established as a condition to this agreement. Invoices or vouchers for Reimbursable Expenses shall be submitted along with supporting receipts, and other back-up material reasonably requested by City, by the Consultant to the City, and Consultant shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement". Expenses subject to reimbursement in accordance with the above procedures are as follows: 5.1.1 Computer aided design, computerized presentations and/or photographic production techniques. 5.1.2 If authorized in advance by the City Manager or the City's Project Coordinator, expense of (a) overtime work requiring higher than regular rates not caused by Consultant's action or inaction as part of Consultant's Services; (b) special consulting services, if any, or (c) other services. 5.1.3 Expense of any additional insurance coverage or limits requested by the City in excess of the insurance requirement set forth in Article 12. 5.1.4 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. Consultant shall comply with the City's standards for reimbursable travel expenses. Travel within Dade County shall not be reimbursable. 5.1.5 Expense of reproduction, specifications and other documents, in excess of 15 sets of final documents excluding reproductions for the office use of the Consultant and the Consultant's sub-consultants. Allocated expense, subject to proper audit if required, may be substituted for the above. ARTICLE 6. CONSULTANT'S ACCOUNTING RECORDS 6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of direct personnel expense shall be kept using generally accepted accounting principles and shall be available to the City and the City's authorized representatives at mutually convenient times and location. ARTICLE 7. OWNERSHIP AND USE OF DOCUMENTS 7 1 1 1. I 1 7.1 All plans or drawings either prepared by the Architect and/or Engineer, and/or their sub-consultants and employees and submitted by and through the Consultant to the City for approval. Working drawings will be prepared on mylar drafting film or the equivalent, with all lettering clearly legible when the sheets are reproduced and reduced to half size. 7.2 All documents including,but not limited to,tracings, drawings, estimates, specifications, investigations and studies completed or partially completed, shall become the property of the City. Provided however, any reuse without written verification or adaptation by the Architect or the Engineer for the specific purpose intended will be at City's sole risk and without liability or legal exposure to the Architect or the Engineer or to their respective sub-consultants, sub-contractors, agents or employees. The Architect and the Engineer shall be liable to the City for any loss or damage to any such documents while they are in possession of or while they are being worked upon by the Architect or the Engineer or any one connected with them. All documents so lost or damaged shall be replaced or restored by the Architect or the Engineer who is responsible at their sole expense. 7.3 Upon completion of the construction of the project, the Architect and the Engineer through Consultant, shall, within ninety(90)calendar days, following final inspection, deliver to the City the original contract working drawings and tracings, or mylar or sepia prints (3 mil), corrected to show the as built conditions, to the City, including all changes made during the course of the project, if such as built drawings are included at a later date as additional services as per Article 2.2. The Architect and the Engineer shall deliver, through Consultant, the above documents to the City within thirty (30) days of termination of this Agreement or termination or abandonment of the Project. ARTICLE 8. TERMINATION OF AGREEMENT 8.1 Right to Terminate The City may terminate this Agreement with the Consultant for cause in the event of: (1) willful violation of any provisions of this Agreement or performance of same in bad faith, or(2) unreasonable delays in the performance of the Services, upon notice to the Consultant in writing seven (7) days prior to termination.. Payment for Services performed shall then be made in accordance with Article 11.4 herein. The City, in addition to the rights and options to terminate given above, or any other provision set forth in this agreement, retains the right to terminate this agreement at its sole option at any time for convenience,without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City. Payment for Services satisfactorily performed and for delivery of documents shall be in accordance with Article 11.4 herein. The Consultant may suspend or terminate this Agreement for cause in the event that the City, acting through its Project Coordinator or otherwise, willfully violates any provision of this Agreement or unreasonably delays payment for the Services, upon written notice to the City thirty (30) days prior to termination. In such event, payment for Services satisfactorily performed prior to the date of termination shall be made in accordance with Article 11.4 herein. The Consultant shall have no right to terminate this Agreement for convenience or without cause. 8.2 Termination for Cause In the event this Agreement is terminated by City for cause, the City acting through the City Manager, may take over the Services and complete them, by contracting with another Consultant or otherwise, and in such event, the Architect and/or Engineer shall be liable to the City for any reasonable cost. incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete Services and the cost of completion of such Services which would have resulted from payments to the Consultant hereunder had the Agreement not been terminated. Upon receipt of written notice of termination, the Consultant shall, when directed by the City, promptly assemble and submit as provided herein or as required in the written notice hereunder, all documents including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 8 1 I Payment for Services satisfactorily performed by the Consultant prior to receipt of notice of Termination for Cause, and accepted by the City, shall be made in accordance with Article 11.4 herein. 8.3 Termination for Convenience Non-Exclusive Provisions In the event the City causes abandonment, termination or suspension of the Consultant's Services or parts thereof without cause as provided in Article.8.1 herein, the Consultant(s) shall be compensated for all Services rendered up to the time of receipt of said abandonment, termination, or suspension, and for the assembly and submittal to the City of affected documents for the Services performed shall be in accordance with Article 11.2 and 11.3 herein. 8.4 Implementation of Termination In the event of termination either for cause or for convenience, the Consultant, upon receipt of the notice of termination, shall: stop the performance of Services under this Agreement on the date and to the extent specified in the notice of termination; place no further orders or subcontracts except as may be necessary for completion of any portion(s) of the Services not terminated, and as authorized by the written notice; terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the notice of termination; transfer title to the City (to the extent that title had not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City, all property purchased under this Agreement and reimbursed as direct item of cost and not required for completion of the Services not terminated; promptly assemble and submit as provided' herein all documents for the services performed, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by the termination and complete performance of any Services as shall not have been terminated by the notice of termination. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the laws of the State of Florida. 9.2 As between the parties to this Agreement; as to all acts or failures to act by any party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Completion of the Work and the issuance of the temporary Certificate of Occupancy, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 9.3 Non-solicitation The Consultant warrants that it has not employed or retained any company or person, other than an employee working solely for it,to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to annul this Agreement with the Consultant without liability to the City for any reason whatsoever. ARTICLE 10. EXTENT OF AGREEMENT 10.1 This Agreement represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both City and the Consultant utilizing the same formalities as were used for its adoption. ARTICLE 11. BASIS OF COMPENSATION 11.1 Compensation for Services 11.1.1 Consultant shall be compensated for the Scope of Basic Services set forth in Exhibit "A"; payments shall be made on a monthly basis, based upon Work/Services completed and approved by the City's Project Coordinator. It is agreed that payment to Consultant shall be made on a lump sum fixed fee basis not to exceed $1,404,000.00. Consultant shall be compensated as set forth in Exhibit"B", attached hereto and incorporated by reference herein. 11.1.2 For Reimbursable Expenses, as described in Article 51 the Consultant shall be paid the exact amounts expended by the Consultant in the interests of the Project subject to the Consultant 9 i furnishing adequate documentation of the expenses and, if required, demonstrating to the satisfaction of the City that the expense was in the interest of the Project. 11.1.3 Payment will be considered due for purposes of the commencement of interest, thirty (30) days from receipt by the City of a detailed statement or invoice. 11.2 Payments on Account of Services 11.2.1 Payments for Services shall be made to the Consultant monthly upon presentation and receipt of Consultant's invoice or statement, based on agreed percent completion of the Services. 11.3 Payment on Account of Additional Services 11.3.1 Payment on account of each Consultant's additional services as defined in Section 2.2 and for reimbursement expenses defined in Article 5 shall be made within thirty (30) days of presentation of each Consultant's detailed statement or invoice of services rendered or i expenses incurred which shall be rendered in duplicate to the City Manager. 11.4 Proiect Suspension or Termination 11.4.1 If the project is suspended or abandoned in whole or in part, the Consultant shall be compensated for all Services performed prior to receipt of written notice from the City of such suspension or such abandonment, together with reimbursable expenses then due. If the Project is resumed after being suspended for more than three (3) months, the Consultant's compensation shall be equitably adjusted. ARTICLE 12. INSURANCE 12.1 The Consultant and Sub-Consultant shall comply throughout the term of this Agreement with the insurance stipulated herein. It is agreed by the parties that the Consultant shall not commence with this Project until proof of the following insurance coverage has been furnished to the City. The Consultant and Sub-Consultant will each maintain in effect the following insurance coverage. (a) Professional Liability Insurance in the amount of One Million ($1,000,000.00) Dollars per claim and aggregate. (b) Comprehensive General Liability Insurance in the amount of$1,000,000 Single Limit Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverages. The City must be named as an additional insured on this policy. (c) Worker's Compensation and employer's liability coverage within the statutory limits of the State of Florida. (d) Thirty (30) days prior written notice of cancellation or a substantial modifications in the insurance coverages must be given by the affected Architect or Engineer to the City Manager. (e) The insurance must be furnished by an insurance company rated A:X or better, or its equivalent, according to Bests' Guide Rating Book and must additionally be furnished by insurance companies duly authorized to do business in the State of Florida and countersigned by the company's Florida resident agent. ARTICLE 13. INDEMNIFICATION 13.1 The Consultant shall indemnify and save the City and its officers, agents and employees harmless from any and all claims, liability, losses and causes of actions to the extent they arise out of any negligent or intentionally wrongful act, error or omission of the Consultant, its sub-consultants(including Sub- Consultant), agents or employees arising out of the performance of the Consultant's Services under this Agreement or arising out of or due to Consultant's breach of this Agreement, and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total Compensation to the Consultant for performance of this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. ARTICLE 14. ADDITIONAL CONDITIONS 10 14.1 All parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of the Agreement. No party shall assign, sell, pledge or otherwise transfer this contract or any portion thereof, without written authorization and consent of the other parties to this Agreement. The parties agree that the Consultant's services are unique in nature and that the Consultant may only receive such authorization by way of a City Commission resolution. 14.2 The Consultant, its sub-consultants (including Sub-Consultant), agents, and employees and sub- contractors, shall comply with all applicable federal, state and county laws, the charter, related laws and ordinances of the City of Miami Beach, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 14.3 This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary by any party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Dade County, Florida. 14.4 All written notices given to City by the Consultant shall be addressed to the City Manager, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida, 33139, with a copy to the City Attorney. All written notices from the City to the Consultant shall be addressed to the Consultant as follows: Benjamin Wood, AIA Thompson and Wood, Inc. 14 Story Street Cambridge, MA 02138 All notices mailed by either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 15. LIMITATION OF LIABILITY. The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum equal to the amount of compensation for the scope of Basic Services, as set forth herein and in Exhibit "A" attached hereto, less any amounts actually paid by the City under the Agreement. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount equal to the amount of compensation for the scope of Basic Services, less any amounts actually paid by the City under the Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of an amount equal to the amount of compensation for the scope of Basic Service, less any amounts actually paid by the City under the Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph 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 Florida Statutes, Section 768.28. ARTICLE 16. ARBITRATION 16.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 16.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claims, dispute or other matter in question would be barred by the applicable statutes of limitations. 16.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation,joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the City, the Consultant, and any 11 other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent or arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforced in accordance with applicable law in any court having jurisdiction thereof. 16.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. IN WITNESS WHEREOF,the parties hereto have hereunto caused these presents to be signed in their names by their dully authorized officers and principals, attested by their r ctive witnesses and City Clerk on the day and year first hereinabove written. OF MIAMI BEACH BY: MAYO R ATTEST: CITY CLERK CONSULTANT/ARCHITECT: THOMPSON AND WOOD, INC. BY: c /u T: w900 I#P)QQP04-- Print Name and Title of Person Signing A EST: o ORPORATE SECRETARY Print Name of Person Signing � CZ CORPORATE SEAL APPROVED BY: ' SUB-CONSULTANVENGINEER KIMLEY-HORN AND ASSOCIATES, INC. BY: Brooks H. Peed Print Name of Person Signing ATTEST° FORM AP VED RPRATE ASSISTANT SECRETARC O Y P LE L T. I Donald L.. Bartlett XN Y Print Name of Person Signing CORPORATE SEAL Date y C:W P1M N 60\W PDOCSV►G T-ET C\L I N C-R D.C O N T 7-26.94 RJA cnm 12 Y F, I.1 � A 1 w O 9&& d6w1jel, Vo4&jq1 0213,3 V v MICHAEL J. CONNOLLY SECRETARY OF STATE September 23, 1994 TO WHOM IT MAY CONCERN: I hereby certify that Thompson & Wood, Inc. appears by the records of this office to have been incorporated under the General Laws of this Commonwealth on June 2, 1993. I further certify that so far as appears of record here, said corporation still has a legal existence. IN TESTIMONY of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of State Form C.D.504. NEM Exhibit A Lincoln Road Area Improvement Project Scope of Basic Services Prepared for: The City of Miami Beach, Florida Prepared by: Thompson and Wood, Inc. (Consultant/Architect) and Kimley-Horn and Associates, Inc. (Sub-Consultant/Engineer) I INDEX 1.0 General 1.1 Project Areas 1.2 Task Assignments 1.3 Budget for Construction of Improvements Plus Architect's and Engineer's Budget 1.4 Description of Physical Improvements 1.4.1 Streetscape Improvements, Environmental Enrichment, and Related Amenities 1. Mature shade tree program 2. Pedestrian walkways and sidewalk 3. Pedestrian, Vehicular Roadway, and Special Feature Lighting 4. Lapidus Shade Structure Restoration 5. New fountain design and restoration of selected, existing fountains 6. Landscape plans for new and existing planters, medians, and special amenity areas 7. Irrigation plans 8. Street furniture plans 9. Gateway information kiosks 10. Artist's/Architect's design enrichment 11. A graphics and signage package 12. Other special features 1.4.2 Roadway and Curb Work 1. North/South Avenue intersections 2. Documentation and specifications for repair and replacement 3. Signing and marking plans 4. Surface drainage plans 5. Maintenance of traffic plans 6. Signalization improvements 1.4.3 Infrastructure Improvements 1. Storm drainage 2. Potable water 3. Sanitary sewer 4. Electrical service 1.5 Plan Sheets/Deliverables 2.0 Public Involvement 2.1 Informal Public Meetings 2.2 Formal Public Meetings 3.0 Services of the Architect 3.1 Pre-design Phase Services 3.2 Schematic Design Phase Services (30%) 3.2.1 Deliverables 3.2.2 Meetings 3.3 Design Development Phase Services (60%) 3.3.1 Deliverables 3.3.2 Meetings 3.4 Construction Documents Phase Services (90%, 100%) 3.4.1 Deliverables 3.4.2 Meetings I' 3.4.3 Coordination 4.0 Engineering Services in Support of Architect 4.1 Pre-design Phase Services 4.2 Schematic Design Phase Services (30%) 4.2.1 Deliverables 4.2.2 Meetings 4.3 Design Development Phase Services (60%) 4.3.1 Deliverables 4.3.2 Meetings 4.4 Construction Documents Phase Services (90%, 100%) 4.4.1 Deliverables. 4.4.2 Meetings 4.4.3 Coordination 5.0 Services of the Engineer- Roadway and Infrastructure 5.1 Pre-design Phase Services 5.1.1 Exhisting Roadway Construction Plans 5.1.2 Existing Building Plans 5.1.3 Utility Information 5.1.4 Identify Existing Drainage Problems 5.1.5 Inventory Topographic Features 5.1.6 Transit Service 5.2 Survey and Aerial Maps 5.2.1 Establish baseline 5.2.2 Establish Permanent benchmarks 5.2.3 Set targets 5.2.4 Obtain cross sections 5.2.5 Locate driveways 5.2.6 Obtain general topographic data 5.2.7 Prepare CADD drawings 5.2.8 Prepare contact prints 5.2.9 Prepare 1" — 20'controlled aerials 5.3 Design Phase- 30% 5.3.1 Central area 5.3.2 Cross streets 5.3.3 Preliminary Traffic Control Plan (TCP) II r 5.3.4 Schematic Plan Coordination 5.3.5 Preliminary Cost Estimates 5.4 Permit Coordination 5.4.1 Preliminary Permit Coordination 5.4.2 Preliminary Permit Package Memorandum 5.5 Schematic Design Through Construction Documentation Phase (30% through 100°/x) 5.5.1 Preliminary Design (30%) 5.5.2 Design Development Phase (60%) 5.5.3 Construction Documents Phase (90%, 100%) 5.5.4 Final Plans and Bid Documents 5.6 Pre-construction Activities 5.6.1 Community Coordination 5.6.2 Pre-bid Conference 5.6.3 Bid Evaluation 6.0 Additional Services 6.1 Parking Lot Reconfiguration/Design 6.2 Right-of-Way Documents 6.3 Other Special Services I III r Lincoln Road Revitalization Project Scope of Basic Services 1.0 General The Scope of Basic Services consists of three (3) components of professional services: Component One: Architectural and related Design Services provided by Thompson and Wood, Inc., the "Architect". Component Two: Engineering and related Design Services provided by Kimley-Horn and Associates, Inc., the "Engineer." Component Three: On-going public involvement and coordination with the City of Miami Beach, required to obtain input, and build local consensus for proposed improvements, including the continuation of the services provided in the master plan and Phase I (Early Action Plan) contracts. 1.1 Project Areas For purposes of organizing the project work plan, the following five project areas have been identified: Area No. Reference Definition One: "Roadway Ends" Includes improvements to the 200, 300, 1200, 1300, and 1400 blocks of Lincoln Road. Two: "Central Area" Includes improvements to the Lincoln Road "Mall" from the 400 through the 1100 blocks. Three: "North/South Centers" Includes improvements to approximately 60 feet north and south from the center of Lincoln Mall to Lenox Avenue, Michigan Avenue, Jefferson Avenue, Meridian Avenue, Euclid Avenue, Pennsylvania Avenue, and Drexel Avenue. Four: "Street Extensions" Includes streetscape, roadway, and infrastructure improvements from the previously identified North/South centers north to 17th Street and south approximately 150 feet. Five: "N/S Cross Streets" Alton Road and Washington Avenue from 16th to 17th and Collins Avenue (west side 150 feet north and 250 feet south). 1.2 Task Assignments The Architect and the Engineer will provide program management services and the preparation of construction documents and specifications for the five (5) project areas in accordance with the task assignment schedule on the following page. The Architect and the Engineer will each name a representative responsible for the coordination of all project design and plans preparation. Primary and supporting responsibilities of the Architect and 1 Engineer are identified on the Task Assignment Schedule and shall serve as the basis for definition of each Consultants' work. Work elements assigned as a "primary responsibility" to either the Architect or Engineer will be the responsibility of that Consultant. Work elements shown with "supporting responsibility" mean the Architect or Engineer will support the Consultant with the "primary responsibility". A listing of sub-contractors or sub-consultants being used by the Architect and Engineer is attached at the end of this document. All such sub-consultants and sub-contractors shall be the sole responsibility of the Consultant. 1.3 Budget for Construction of Improvements Plus Architect's and Engineers Budgets The improvements contemplated by this Proposal are those included in the capital improvement budget to be approved by the City Commission in May of this year (1994). The budget which includes professional fees of the Architect and the Engineer through the construction bidding process described in three parts as follows: Streetscape Improvements, Environmental Enrichment, and Related Amenities . . . . . . . . . . . . . . . . . . . . $9,000,000 Roadway and Curb Work . . . . . . . . . . . . . . . . . . . . . . . . . . $11500,000 Infrastructure Improvements (Public Utilities). . . . . . . . . . . . . . . . . . $5,676,900 Total $16,179,900 1.4 Description of Physical Improvements The following physical improvements to the Lincoln Road Area, described by budget category: 1.4.1 Streetscape Improvements, Environmental Enrichment,and Related Amenities 1. Mature Shade Tree Program: continuing the work started in Phase I (the Early Action Program), additional locations for large, specimen trees will be identified. These new locations and those of Phase I will be coordinated with the final design of the streetscape and utility plans in Phase II. Work includes specifications of tree installation and for subsequent protection and maintenance. 2. Pedestrian Walkways and Sidewalks: Material selection, installation design and specifications with bid alternates. All surface improvements to be coordinated with subsurface utility work with phasing plans to minimize disruption to adjacent commercial properties and residential uses. This work to incorporate new side-walks, walkways, and paved crosswalks (budget permitting), for the Lincoln Road Area. Surface drainage to be coordinated with the new storm drainage system. 3. Pedestrian,Vehicular Roadway, and Special Feature Lighting: Continuing the work of Phase I, uplighting existing and new landscape features and amenities, including kiosks, project directories, gateway signage, and fountains. Lighting, both functional and decorative for pedestrian and vehicular circulation. 4.. Lapidus Shade Structure Restoration: Work begun in Phase I will continue. Color selection and specification for finishes, custom lighting, and alterations to original design. 2 r 5. New fountain design and restoration of selected, existing fountains. Centerpiece is anticipated as the new, interactive Children's Fountain. New pumps and lighting for all fountains with enhanced activity and animation. 6. Landscape Plans for new and existing planters, medians, and special amenity areas. Areas of special focus are the two ends of the pedestrian mall where landscaping, integrated with other design elements, serve as gateways and the termini of the Road at the Bay and the Beach. Plans include provisions for the reuse and relocation (if practical) of valuable, existing materials. 7. Irrigation Plans: Design for a drip irrigation system coordinated with landscape and utility plans. 8. Street furniture plans to include seating, trash receptacles, water fountains, public phones, bicycle racks, bollards, bus shelters and special concession kiosks. 9. Gateway Information Kiosks: Two structures, one each on the east and west ends of the pedestrian mall. To incorporate fully conditioned spaces for visitor information and hospitality services. 10. One or more artists will be commissioned to work with the Architect to aesthetically enrich certain physical elements of the overall design. An Arts Consultant, under contract to the Architect, will assist the City and the Lincoln Road Partnership, Inc. in the selection of this/these artist/artists. All artistic works will be incorporated into the design and construction documents except where the execution of such works would clearly be outside the scope of a general contract for construction. In the later case, the necessary documentation and contract administration would be the responsibility of the artist subject to the Architect's, the Partnership's, and the City's approval. 11. A Graphics and Signage Package to include pedestrian sign age for all significant civic and cultural destinations, gateway graphics at all entrances to the District from Alton, Washington,Collins, and at all the North/South Avenue and 17th Street intersections, block- by-block identification, project directories, way finding pedestrian maps, and major icon/project identification on strategic buildings and locations. The later includes the five story parking garage on 17th Street and the Alton and Washington entrances. 12. Other special features not previously described above are contemplated in the final design. As this contract for services is based on a Master Plan and Design Guidelines, it is not possible to elaborate on other special features until the completion of full schematics. The Master Plan does make reference to other features such as performance spaces on the pedestrian mall and trolley stops. The design of any special features within the scope of design anticipated in the Master Plan and covered in the $16 million dollar budget, is included in this contract. 1.4.2 Roadway and Curb Work: 1. North/South Avenue intersections with the pedestrian mall, with new curb alignments. Redesign of roadway profiles to accommodate new alignments. 3 2. Provide necessary documentation and specifications for the repair and/or replacement of all curbs, gutters, and inlets where needed. Relocation of curb and gutter may occur. 3. Signing and marking plans for all streets in the District to maximize on-street parking. 4. Surface Drainage Plans for all existing roadways in District, reflecting changes in system due to new grades associated with improvements. 5. Maintenance of Traffic plans (for both vehicular and pedestrian traffic). 6. Signalization Improvements for both vehicular and pedestrian traffic. 1.4.3 Infrastructure Improvements 1. Storm Drainage 2. Potable Water 3. Sanitary Sewer 4. Electrical service to fixtures in the pedestrian mall including all light fixtures, fountain equipment, information booths, illuminated graphics and signage, maintenance power receptacles, electric tram charging stations, signalization, irrigation controls, and to all new public fixturing associated with any of the physical improvements in the remainder of the Project. 1.5 Plan Sheets/DeIiverabies Professional services will include the finalization of schematic level plans for proposed improvements within the project area. Preparation of schematic level plans will include a series of formal and informal meetings with the Lincoln Road Partnership,Inc. and local merchants, in order to obtain on- going public input and comment. Once schematic level plans are approved by the City, detailed construction plans and contract documents will be prepared. Construction plans will include engineering improvements such as curb and gutter,drainage, roadway improvements, lighting, etc. Water and sewer design will be provided by the Engineer as directed by the City. Streetscape improvements including hardscape, softscape, lighting, pedestrian furnishings and lighting will also be shown and referenced to the baseline/centerline of construction. Appropriate details will also be included. Construction plans for project areas 1 through 5 identified above will include the following: 1. Miscellaneous Elements Key Sheet Plan sheets with survey control and proposed improvements to Lincoln Road and Cross Streets 4 Construction Details Summary of Quantities Sections/Elevations 2. Beautification Elements Streetscape Plan Hardscape Plan Softscape Plan Irrigation Plan Special Lighting Plan Special Signage Plan Architectural Restoration Plan Special Feature/Icon Plan 3. Roadway Elements Typical Section Sheets Plan Sheets Profile Sheets Cross-sections Signing/Marking Plan Signalization Plan Roadway Lighting Plan Drainage Plans Maintenance of Traffic Plan (if required for FDOT permits) Drainage Maps 4. Infrastructure Elements Water/Sewer Plan Drainage Plan Utility Adjustment Plan Deliverables to the City of plan sheets for all project elements shall be as specified herein. 5 2.0 PUBLIC INVOLVEMENT During the Schematic and Subsequent Design Development Phase and before working drawings begin, the Lincoln Road Partnership through the Board of Directors will review a minimum of three Design Concepts that the architect will present. A Special meeting of owners, tenants and residents of the.Capital Improvement District will be convened so that the design team will be fully aware of the input from said owners,tenants and residents. The City Administration will participate in the meeting, and the results will be brought to the City Commission for review. The purpose of the above described process is to ensure that the maximum feasible public input is provided and the results incorporated in the final concepts. 2.1 Informal Public Meetings All public meetings will be coordinated between the City, the Lincoln Road Partnership, Inc., and the Consultants. The Architect and Engineer will assist with the public informational meetings, and with all meetings conducted with the Lincoln Road Partnership, Inc.. Up to twenty (20) meetings are anticipated during the Schematic Design Phase. The Architect and Engineer will be represented at each meeting. 2.2 Formal Public Meetines Three formal public meetings will be held to present plans and to solicit input from the public. The third meeting will present the preferred alternatives and finalized schematic plan. The Architect and Engineer will prepare the following graphics and slides for use during the Public Involvement Phase: Rendered schematic level plans at a scale of 1" — 20'. - Typical sections and/or elevations depicting existing and proposed improvements. - Supplementary exhibits such as location maps, typical roadway sections, cost summaries, etc. - Computer-generated images will be prepared by the Architect and Engineer to reflect architectural and engineering improvements within the mall. 2.3 Program Manaitement The Architect and Engineer will provide a Program Manager for the project for their respective areas of their responsibility. 6 3.0 SERVICES OF THE ARCHITECT The services itemized below will be undertaken by Thompson and Wood, Inc. (the Design Architect), including the preparation of construction plans and specifications for the project areas identified in the Task Assignment Schedule. In all cases, the Architect and Engineer shall maintain continuous and on-going coordination during the design and plan preparation process in order to ensure continuity. 3.1 Pre-design Phase Services This task shall include Pre-design Phase services including the following: - Review of program and budget from the City and The Road, Inc. - Review of existing plans, studies, and base mapping provided to the Architect by the Client. - Attendance at up to three (3) kick-off meetings to identify and refine project parameters, objectives, and schedule. - Preparation of documents summarizing the Pre-design Phase. 3.2 Schematic Design Phase Services (Preparation of 30% Plans) This task shall include the preparation of 30% Plans and supporting documentation on base maps provided by the Engineer. At the 30% Plan Phase, streetscape plans will include typical block plans at a scale of 1" — 20' in addition to plan enlargements of key project areas at a scale of 1" a 10'. Typical sections and elevations will be prepared to communicate design concepts, and for the preparation of schematic level cost estimates. Additional Services include: - Review program and budget from the City of Miami Beach and the Lincoln Road Task Force. - Identify and document amenities to be demolished - Prepare CAD building plans utilizing base maps provided'by the Engineer. - Assist the Director of Lincoln Road and the staff of The Road, Inc. with inquiries from third parties for project information. - Document improvements that impact existing physical features, such as planters, trees, or shelters for the Road. Consider alternate materials and develop conceptual design solutions for architectural and landscape forms, based on program requirements, physical site characteristics and design objectives. - Articulate design guidelines and awning design standards - Perspective sketches and study model(s) - Articulate density and building massing and height requirements for incorporation into City Zoning changes. 3.2.1 Deliverables Deliverables prepared by the Architect at the conclusion of Schematic Design Phase include 30% Plans for all work elements identified in the Task Assignment Schedule. 7 3.2.2 Meetings Meetings during the Schematic Design Phase have been estimated as follows: - Team Meetings (internal) 3 - Team Meetings (with the Client) 3 - Unscheduled Meetings and/or presentations (with Lincoln Road Merchants, Property Owners, Etc.) 5 Total 11 3.3 Design Development Phase Services (Preparation of 60% Plans) This task shall include the preparation of 60% Plans and supporting documentation for the project areas identified in the Schematic Design Phase. Design Development Phase services will include the revision of schematic level plans based upon input received by the Client and Engineer during 30% plan review. Design Development will refine schematic level plans and will specify all proposed materials, finishes, and colors to be incorporated into the Construction Documentation Phase. Typical block plans will be overlaid and resolved on 1" — 20' base maps provided by the Engineer. Utility conflicts will be identified and resolved, or itemized for further analysis during the Construction Document Phase. Revised cost estimates will be provided, which itemize, by construction item, the probable construction cost. Additional services include: - Refine site and building plans, sections and elevations - Specify all proposed materials, finishes, and colors - Design special theme signage - Project-wide handicap details - Develop details for special project features 3.3.1 Deliverables Deliverables prepared by the Architect at the conclusion of the Design Development Phase include 60% Plans for all work elements identified in the Task Assignment Schedule. 3.3.2 Meetings Meetings during the Design Development Phase have been estimated as follows: - Team Meetings (internal) 3 - Team Meetings (with the client) 3 - Unscheduled Meetings and/or presentations (with Lincoln Road merchants, property owners, Etc.) 5 Total 11 3.4 Construction Documents Phase Services (Includes 90% Plan Review and 100% Construction Plans) 8 This task includes the revision of 60% Plans based upon input received at the end of design development. Construction documentation will include the finalization of project plans and specifications in anticipation of bidding and construction. Horizontal control plans will be prepared at a scale of 1" — 20' on AUTOCAD or equal as specified by the Engineer. Specifications for hardscape,softscape, irrigation,and lighting systems will be reviewed with the project team and Client early in this phase to obtain compatibility and continuity. Revised construction item quantities will be prepared and shall serve as the basis for revised construction cost estimates. 3.4.1 Deliverables Deliverables prepared by the Architect at the conclusion of Construction Documentation Phase services include 90% and 100% Plans for all work elements identified in the Task Assignment Schedule. 3.4.2 Meetings Meetings during the Construction Documentation Phase have been estimated as follows: Team Meetings(internal) 3 Team Meetings (with the client) 3 Unscheduled Meetings and/or presentations (with Lincoln Road merchants, property owners, Etc.) 6 Total 12 3.4.3 Coordination The scope anticipates the need for close coordination among all members of the project team. One public presentation has been provided for during each of the phases of production under the "unscheduled meeting" item. 9 4.0 ENGINEERING SERVICES IN SUPPORT Of ARCHITECT Supporting services will be provided by the Engineer, including the preparation of construction plans and specifications for the project areas identified in the Task Assignment Schedule. In all cases, the Architect and Engineer will maintain continuous and on-going coordination during the design and plan preparation process in order to provide continuity. 4.1 Pre-desijzn Phase Services This task shall include Pre-design Phase services including the following: Review of existing plans, studies, and base mapping provided to the Engineer by the City. - Attendance at up to three (3) kick-off meetings to identify and refine project parameters, objectives, and schedule. Preparation of documents summarizing the Pre-design Phase. 4.2 Schematic Design Phase Services (Preparation of 30% Plans) This task shall include the preparation of 30% Plans and supporting documentation on base maps prepared by the Engineer. At the 30% Plan Phase, streetscape plans will include typical block plans at a scale of 1" a 20' in addition to plan enlargements of key project areas at a scale of 1" a 10'. Typical sections and elevations will be prepared to communicate design concepts, and for the preparation of schematic level cost estimates. 4.2.1 Deliverables Deliverables prepared by the Engineer at the conclusion of Schematic Design Phase include 30% Plans for all work elements identified in the Task Assignment Schedule. 4.2.2 Meetings Meetings during the Schematic Design Phase have been estimated as follows: - Team Meetings (internal) 3 - Team Meetings (with the Client) 3 - Unscheduled Meetings and/or presentations (with Lincoln Road Merchants, Property Owners, Etc.) 5 Total 11 4.3 Desi_qn Development Phase Services (Preparation of 60% Plans) This task shall include the preparation of 60% Plans and supporting documentation for the project areas identified in the Schematic Design Phase. Design Development Phase services will include the 10 revision of schematic level plans based upon input received by the Client and Engineer during 30% plan review. Design Development will refine schematic level plans and will specify all proposed materials, finishes, and colors to be incorporated into the Construction Documentation Phase. Typical block plans will be overlaid and resolved on 1" — 20' base maps provided by the Engineer. Utility conflicts will be identified and resolved, or itemized for further analysis during the Construction Document Phase. Revised cost estimates will be provided, which itemize, by construction item, the probable construction cost. 4.3.1 Deliverables Deliverables prepared by the Engineer at the conclusion of the Design Development Phase include 60% Plans for all work elements identified in the Task Assignment Schedule. 4.3.2 Meetings Meetings during the Design Development Phase have been estimated as follows: I - Team Meetings (internal) 3 - Team Meetings (with the client) 3 - Unscheduled Meetings and/or presentations (with Lincoln Road merchants, property owners, Etc.) 5 Total 11 4.4 Construction Documents Phase Services (Includes 90% Plan Review and 100% Construction Plans) This task includes the revision of 60% Plans based upon input received at the end of design development. Construction documentation will include the finalization of project plans and specifications in anticipation of bidding and construction. Horizontal control plans will be prepared at a scale of 1" — 20' on AutoCAD or equal as specified by the Engineer. Specifications for hardscape,softscape, irrigation,and lighting systems will be reviewed with the project team and Client early in this phase to ensure compatibility and continuity. Revised construction item quantities will be prepared and shall serve as the basis for revised construction cost estimates. 4.4.1 Deliverables Deliverables prepared by the Engineer at the conclusion of Construction Documentation Phase services include 90% and 100% Plans for all work elements identified in the Task Assignment Schedule. 11 11 1 A 4.4.2 Meetings Meetings during the Construction Documentation Phase have been estimated as follows: - Team Meetings (internal) 3 - Team Meetings (with the client) 3 - Unscheduled Meetings and/or presentations (with Lincoln Road merchants, property owners, Etc.) 6 Total 12 4.4.3 Coordination The scope anticipates the need for close coordination among all members of the project team. One public presentation has been provided for during each of the phases of production under the"unscheduled meeting" item. It is anticipated that the Architect will take a lead role at these presentations,.with the Engineer in attendance to address specific questions. 12 , 5.0 SERVICES OF THE ENGINEER FOR ROADWAY AND INFRASTRUCTURE Consulting services will be provided to identify existing conditions, assist in the planning process and to prepare construction plans and contract documents. The following is a breakdown of the effort to be undertaken as part of the engineering services: 5.1 Pre-design Phase (Data Collection/Data Review) Available information will be gathered, catalogued and filed for using during the design. Field data will be gathered as needed. Data collection will consist of the following: 5.1.1 Existing Roadway Construction Plans: Existing construction and as-built plans will be obtained from City, County and FDOT. These will be used during the field surveys, and for the determination of existing right-of-way and topographic features. 5.1.2 Existing Building Plans: Plans will be obtained,when available from the City, to determine existing first floor window and door locations and first floor layouts fronting onto the project. 5.1.3 Utility Information: Utility providers will be contacted and information about existing and future utilities obtained. Existing utilities, identified during this effort, will be field inventoried. Additionally, a plan set will be developed, which includes photographs of visible utility features (i.e. valve covers, manholes,poles,etc.). Due to the nature of the area, underground utilities will not be excavated to determine exact locations. We will rely on available as-built plans and location information provided by the utility. 5.1.4 Identify Existing Drainage Problems: A field investigation, including interviews with local business owners, will be conducted. City maintenance personnel will also be contacted to determine existing drainage problems. 5.1.5 Inventory Topographic Features: Existing above-ground features will be photographed and video taped for future reference. Photos will be mounted on a set of plans and their location identified. A file copy of the photos and negatives will be kept for reference during design and to produce "before" and "after" construction comparison illustrations later. Video taping will include storefronts to inventory their condition prior to construction. Copies of the photo and video inventory will be made available to the project team (up to four copies). 13 „ 5.1.6 Transit Service Metro Dade Transit will be contacted to confirm current bus routes and determine any route changes that are being considered. Bus stop locations will also be discussed. 5.2 Survey and Aerial Maas Field surveys will be conducted to develop aerial base maps for the Design Phase. This task will include the following: 5.2.1 Establish a baseline of survey along intersecting cross streets. These baselines will be referenced per FDOT requirements. 5.2.2 Establish permanent bench marks (NGVD) and reference to baseline of survey per FDOT requirements. 5.2.3 Set targets for controlled aerials 0” — 201. 5.2.4 Obtain cross-sections at 50 foot intervals along the cross streets and at 100' intervals along Lincoln Road. Cross-sections to extend to building faces or 10' beyond right-of- way lines, as field conditions dictate. Additional cross-sections shall be provided at locations which could influence the design, such as driveways, alleyways, and drainage low points. 5.2.5 Locate driveways by station and deflection angle and obtain profile to either the terminus or a point 50 feet beyond the existing right-of-way. 5.2.6 Obtain general topographic data along Lincoln Road and the cross streets consisting of: locating store fronts; doorways and threshold elevation; finished floor elevations; windows; overhangs (including height); locations of planters; decorative walls and miscellaneous structures in the mall area, location and elevation of roof drains; hurricane shutter anchors; water main back flow preventors; details of drainage structures; pipe systems and their inverts; existing utilities located both horizontally and vertically where practical; and property corners monumentation when located in the field. 5.2.7 Prepare CADD drawings (prepared using AUTOCAD version 11 or higher). These drawings shall be prepared at a scale of 1" — 20' horizontal and 1" — 5' vertical and will use standard symbols and abbreviations per FDOT Standard Indexes. 5.2.8 Prepare contact prints of the aerial photography for Engineers' use in developing the 1" — 20' aerial photo sheet layouts. 5.2.9 Prepare 1" — 20' controlled planimetric aerials using plan sheet border as provided by the City. 14 r rr i 5.3 Design Phase (30% Plans) 5.3.1 The Central Area(400 through 1100 Block) The Architect will prepare the schematic level plans for the central area utilizing base maps provided by the Engineer. The Architect's Schematic Level Plans will include the design for hardscape, softscape, lighting, signage, architectural rehabilitation, and/or special feature/icons. Proposed improvements which impact existing physical features, such as planters, trees, or shelters will be shown. Conduit for lighting, irrigation and other improvements to support the Architect's schematic level plans will be transposed to the engineering master plan for the Construction Documentation Phase. Proposed infrastructure improvements can be designed by the Engineer, and shown on the engineering master plan. 5.3.2 Cross Streets Plans for the proposed improvements to the cross streets will be prepared. These may include: - Horizontal and vertical geometry - Curb and gutter location - Inlet Locations - Sidewalks and special paver areas - Signal mast arm locations - Roadway lighting locations - On-street parking along cross streets - Special construction details 5.3.3 Preliminary Traffic Control Plan(TCP): A TCP, showing vehicle and pedestrian movements for various phases of construction, will be prepared. Sequencing of construction,determining areas the contractor will be permitted to work at one given time, will also be considered. The TCP will be conceptual to assist in evaluation of the preliminary design. 5.3.4 Schematic Plan Coordination: Copies of the architectural schematic plan and engineering master plan will be reviewed with Lincoln Road Task Force and City staff. Relevant changes will be made to the plans prior to presentation to the public. 5.3.5 Preliminary Cost Estimates A preliminary cost estimate will also be prepared and submitted for preliminary costing purposes. 15 1 1 a 5.4 Permit Coordination 5.4.1 Preliminary Permit Coordination: Agencies having permit jurisdiction over the proposed project improvements will be contacted and preliminary permitting requirements will be determined. Minutes of meetings will be prepared and sent to each participating agency to help ensure that permitting requirements are clear and concise. Among the Agencies anticipated to have jurisdiction are included: - City of Miami Beach - Florida Department of Transportation (DOT) - South Florida Water Management District DERM (SFWMD) - Florida Department of Environmental Protection (DEP) - Dade County - NPDES 5.4.2 Preliminary Permit Package Memorandum A preliminary permit package memorandum will be prepared and distributed summarizing this initial coordination activity. This will include responses and modifications requested by the permitting agencies and jurisdictions during the review of the schematic plans and engineering master plan. 5.5 Schematic Design Throueh Construction Documentation Phase (30% Through 100% Plans): Following the review and approval of the schematic and engineering master plans, the construction plans will be prepared. The plans will be submitted for review by the City and Lincoln Road Partnership, Inc. in three phases: Preliminary Design (30% complete), Design Development (60% complete) and Construction Documentation (90% and 100% complete). The following breakdown is of the engineering portion of the construction plans to be included in each submittal: 5.5.1 Preliminary Design(30% Complete): Proposed surface features will be shown on 1" s 20' scale aerial maps and graphically tied to the baseline of survey or new centerline as baseline of construction. This plan set will include the following proposed improvements: - Curb and gutter - Sidewalks - Paver systems - Inlets (surface drainage design) - Proposed new utilities - Planter locations - Typical sections as required - Proposed lighting - Cross sections where appropriate 16 Preliminary maintenance of traffic plan for both vehicular and pedestrian movement during construction 5.5.2. Design Development Phase(60% Plans): Design development plans will be refined based upon City comments received on the Schematic Design Phase plans. The following detail will be added during the design development phase: - Storm sewer design and details (pipes, manholes, deep wells, etc.) - Water and sanitary sewer design and adjustments (the City will specify the size of new water and sanitary sewer pipelines required) - Regulatory and directional signage (mall and cross streets) and pavement marking plans (on cross streets) - special theme signage to be provided by the architect and landscape architect. - Roadway lighting plans Traffic control plans Construction details, including, but not limited to: Paver systems Special drainage structures Special project features Light pole foundations Mast arm foundations Special regulatory and informational sign details Special handicap details 5.5.3 Construction Documentation Phase(90% and 100% Complete): Comments relevant to the 60% Plans will be incorporated into the construction plans and the following additions will be made: - Utility adjustment sheets (for utilities that are not part of the construction package) - Bid documents - Special provisions - Detailed final cost estimate Right-of-way plans and legal descriptions of any kind are not included in this work effort, however, additional services can be provided by supplemental agreement if these items are needed. 5.5.4 Final Plans and Bid Documents: Relevant comments on the 90% finalized construction plans will be incorporated. Ten (10) sets of the plans and bid documents will be submitted to the City for bidding purposes. i 5.6 Pre-construction Activities The Engineer will assist the City with determining pre-qualification requirements for bidders, advertising for bid and assisting with the following: 17 1 •� 1 5.6.9 Community Coordination: Prior to advertising for construction bids the Architect and Engineer will assist the City with three meetings with local businesses and property owners to help in setting schedules and construction milestones. Special provisions will then be prepared and included in the project special provisions. This may include, but not be limited to the following: - Setting construction limits the contractor is permitted to work in at one time - Special vehicular or pedestrian maintenance of traffic considerations - Special incentive and penalty clauses for contractor performance - Dates when construction activities are limited (this could be around holidays). - Establishing daily time limits for construction or limitations on construction activities after 5:00 p.m. and before 7:00 a.m. 5.6.2 Pre-bid Conference: All bidders will be required to attend up to two pre-bid conferences. The Architect and Engineer will present the plans and contract documents and highlight special features that must be given careful consideration by the Contractors. The construction schedule and critical milestones will also be explained. During these pre-bid conferences, samples of specified materials and systems will be on display for contractor review. 5.6.3 Bid Evaluation The Architect and Engineer will assist the City with bid evaluation and recommendation. 18 6.0 ADDITIONAL SERVICES By mutual consent of the parties, the following Additional Services may be added by supplemental agreement to the Scope of Services. 6.1 Parking Lot Reconfiguration/Design As a result of the improvements to Lincoln Road and cross streets, adjustments to the existing parking facilities may be needed. Additional services to inventory existing parking facilities, analyze parking needs, make recommendations, and design physical changes can be provided 6.2 Right-of-way Documents After the schematic design for Lincoln Road is finalized, it may be determined that certain construction activities need to be done on private property. If this occurs, it may be possible to undertake the construction by consent of the property owner. However, the City may determine that it is prudent to develop sketches to accompany legal descriptions that define areas where temporary construction easements or right-of-way acquisition is required. The Engineer has in-house staff capable of providing these services, if required. 6.3 Other Special Services The Architect and/or Engineer can furnish other special services which the City may need, including but not limited to: a. Computer imaging of proposed improvements b. Building facade improvements c. Public art programs d. Historical and archeological survey e. Historic restoration of area structures f. Park and open-space planning g. Preparation of environmental assessments and impact statements h. Air and noise analysis L Parking studies and financing plans j. Parking structure designs k. Traffic studies I. Hardscape/softscape maintenance specifications m. On-site full time construction phase service of a resident engineer and resident project representative END OF EXHIBIT A 19 TASK ASSIGNMENT SCHEDULE Exhibit A-1 PROJECT AREA WORK ELEMENT Lincoln Mall North/South Street North/South Central Area Road Ends Centers Extensions Cross Streets 3D DD CD 3D DO CD 3D DO CD SD W CD 30 DO co Program Arch Management- Beautification Engr Program Arch Management- Infrastructure Engr Streetscape/ Arch Hardscape Design Engr Softscape Arch Design Engr Special Arch Lighting Design Engr Roadway Arch Lighting N/A Design Engr Special Arch Feature Design Engr Signage Arch Design Engr Irrigation Arch Design Engr Electrical Arch Engineering Engr Roadway and Arch Signalization Design Engr Drainage Arch Design Engr Utilities Arch Design Engr Notes: "SD' - Refers to Schematic Design Phase or 30% Plans "DD' - Refers to Design Development Phase or 60% Plans "CD". - Refers to Construction Document Phase or 100% Plans "Softscape a refers to Landscape Plantings "Hardscape"refers to special roadway and/or pedestrian paving Primary Responsibility: Supporting Responsibility: 21 e COMPENSATION FOR BASIC SERVICES Phase I Pre-Design Services 10% $ (As reviewed and approved by City) Phase 11 Schematic Design 30% $ (As reviewed and approved by City) Phase III Design Development 35% $ (As reviewed and approved by City) Phase IV Construction Documents 15% $ (As reviewed and approved by City) Phase V Bid Administration 10% $ (As reviewed and approved by City) $ 1.404.000.00 Monthly progress payments to be made based on percent of work completed of each Phase. A retainer of 10% will be held for each Phase which shall be released at the completion of that Phase. ADDITIONAL SERVICES Arts Program Art Program Coordinator $ 25,000 Fountain Design $ 60,000 Graphic Design and Environmental Art Commissions $ 61,000 $146,000 Land Survey and Photography $ 91,000 Geotechnical Survey and Documentation $ 22,000 $113,000 EXHIBIT "B"