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Agreement with Calvin, Giordano & Associates, Inc a go 3 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND CALVIN, GIORDANO &ASSOCIATES, INC FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE MIDDLE BEACH SOUTH RECREATIONAL CORRIDOR Resolution No. 2015-127-JR r TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1 DEFINITIONS 1 ARTICLE 2. BASIC SERVICES 6 ARTICLE 3. THE CITY'S RESPONSIBILITIES 13 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 16 ARTICLE 5. ADDITIONAL SERVICES 17 ARTICLE 6. REIMBURSABLE EXPENSES 18 ARTICLE 7. COMPENSATION FOR SERVICES 18 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 20 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 20 ARTICLE 10. TERMINATION OF AGREEMENT 21 ARTICLE 11. INSURANCE 23 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 24 ARTICLE 13. ERRORS AND OMISSIONS 24 ARTICLE 14. LIMITATION OF LIABILITY 25 ARTICLE 15. NOTICE 26 ARTICLE 16. MISCELLANEOUS PROVISIONS 26 2 r SCHEDULES: SCHEDULE A SCOPE OF SERVICES 32 SCHEDULE B CONSULTANT COMPENSATION 47 SCHEDULE C HOURLY BILLING RATE 48 SCHEDULE D CONSTRUCTION COST BUDGET 50 SCHEDULE E PROJECT SCHEDULE 51 SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 53 SCHEDULE G INSURANCE AND SWORN AFFIDAVITS 54 SCHEDULE H BEST VALUE AMENDMENT 55 ATTACHMENTS: ATTACHMENT A- Resolution, Commission Item, and Commission Memorandum 56 ATTACHMENT B - Request for Qualifications (RFQ) 57 ATTACHMENT C - Consultant's Response to the RFQ 58 3 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CALVIN, GIORDANO &ASSOCIATES, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE MIDDLE BEACH RECREATIONAL CORRIDOR This Agreement made and entered into this j day of 1k_ , 2016, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and Calvin, Giordano & Associates, Inc., a Florida Corporation having its principal office at 1800 Eller Drive, Suite 600, Fort Lauderdale, FL. 33316 (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more particularly described in the Scope of Services attached as Schedule "A" hereto, and wishes to engage the Consultant to provide specific professional services including, without limitation, architectural and engineering (NE) services, for the Project, at the agreed fees set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of the afore stated professional services relative to the Project, as hereinafter set forth; and NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized representatives designated in writing (including the Project Coordinator) with respect to any specific matter(s) concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the Services, and/or this Agreement). 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications No. 2015-127-JR, entitled "Architectural and Engineering Services for the Middle Beach Recreational Corridor" issued by the City in contemplation of this Agreement, together with all amendments thereto (if any), and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. 1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the architect/engineer who has entered into a contract with the City to provide the Services described under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, sub-consultants, agents, and any other person or entity acting under the supervision, direction, or control of Consultant. Any sub-consultants retained by Consultant for the Project shall be subject to the prior written approval of the City Manager. Consultant shall provide the Project Coordinator with copies of the contract between Consultant and any sub-consultant's. Any such contracts shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and sub- consultants. Any approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant, from the Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Basic Services. The quality of services and acceptability to the City of the services performed by such sub-consultants shall be the sole responsibility of Consultant. The following sub-consultants are hereby approved by the City Manager for the Project: • Nutting Engineers of Florida, Inc. — responsible for geotechnical engineering 2 • Masuen Consulting, LLC — responsible for supporting irrigation services beyond those being provided in-house • Saad Elia El-Hage Consulting engineers, Inc. — responsible for structural engineering 1.6 PROJECT COORDINATOR:The "Project Coordinator" shall mean the individual designated in writing by the City Manager who shall be the City's authorized representative to coordinate, direct, and review (on behalf of the City) all matters related to the Project during the design and construction of the Project (unless expressly provided otherwise in this Agreement or the Contract Documents). 1.7 [Intentionally Omitted] 1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement (and as required to complete the Project), as further described in Article 2 and Schedule "A" hereto. In addition any Services not specifically addressed as Additional Services (as defined herein) shall be considered Basic Services. 1.9 PROJECT: The "Project" shall mean that certain City capital project that has been approved by the City Commission and is described in Schedule "A" hereto. 1.9.1 Project Cost: The "Project Cost", shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. 1.9.2 Project Scope: The "Project Scope" shall mean the description of the Project in Schedule"A" hereto. 1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the actual total cost to the City of the Work (as established in the Contract Documents, as they may be amended from time to time), including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) of the construction cost for rehabilitation of historic buildings. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsive and responsible bidder or proposer for such Work. 3 r 1.10.1 Construction Cost Budget: The "Construction Cost Budget" shall mean the amount budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto. 1.10.2 Statement Of Probable Construction Cost: The "Statement of Probable Construction Cost" shall mean the latest approved written estimate of Construction Cost submitted by Consultant to the City, in a format approved by the Project Coordinator. For Work which bids or proposals have not been let, the Statement of Probable Construction Cost shall be the same as the Construction Cost. 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of the parties under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of sub-consultants/sub- contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process SHALL NOT be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a force majeure, the Consultant shall request a time extension from the Project Coordinator within five (5) business days of said force majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless additional services are required, and approved pursuant to Article 5 hereof. 1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, and written amendments issued thereto), and the documents prepared by Consultant in accordance with the requirements of the Scope of Services in Schedule "A" hereto (that form the basis for which the City can receive bids for the Work included in the documents). The Contract Documents 4 shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the request for qualifications (RFQ), instructions to bidders, bid form, bid bond, the Contract for Construction, surety payment and performance bonds, Conditions of the Contract for Construction [General, Supplementary, and other Conditions], Divisions 0-17, Construction Documents, an approved Change Order(s), approved Construction Change Directive(s), and/or approved written order(s) for a minor change in the Work. 1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding agreement between City and with Contractor for performance of the Work covered in the Contract Documents. 1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans, technical specifications, drawings, documents, and diagrams prepared by the Consultant pursuant to this Agreement, which show the locations, characters, dimensions and details of the Work to be done, and which are part of the Contract Documents. 1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement approved by the City (as specified below) and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment 9 9 J � p � adjustment the fee and/or completion dates. Contract Amendments shall be approved by the City Commission if they exceed fifty thousand dollars ($50,000.00) or the City Manager if they are fifty thousand dollars ($50,000.00) or less (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than fifty thousand ($50,000.00), the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and which have been duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. 1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods, procedures, etc. necessary or convenient to performance by Contractor of all duties and obligations proposed by the Contract Documents. 5 1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. 1.20 SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing, general consultant, financing, and permitting fees, etc. 1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant (and approved by the City) as being within the Construction Cost Budget. "Base Bid" shall not include Additive Alternates or Deductive Alternates. 1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described in Schedule "A" hereto. 1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A— Scope of Services. Schedule B— Consultant Compensation. Schedule C — Consultant Hourly Billing Rate Schedule. Schedule D— Construction Cost Budget. Schedule E — Project Schedule. Schedule F— General Conditions of the Contract for Construction Schedule G — Insurance Requirements and Sworn Affidavits Schedule H — Best Value Amendment ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract Documents and as set forth in Schedule "A" hereto. 2.2 The Services will be commenced upon issuance of the first Notice to Proceed which shall be issued by the Project Coordinator and counter-signed by Consultant. Subsequent Notices to Proceed shall also be issued by the Project Coordinator. 6 A separate Notice to Proceed shall be required prior to commencement of each Task (as same are set forth in Schedule "A" hereto). 2.3 As it relates to the Services and the Project, Consultant warrants and represents to City that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws"). As they relate to the Services and to the Project, the Consultant agrees to comply with all such Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Coordinator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its sub-consultants, as well as other consultants, including, without limitation, City provided consultants (if any). 2.4 The Consultant warrants and represents to City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of comparable projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and represents to City that it is responsible for the technical accuracy of the Services (including, without limitation, the Design Documents contemplated in Schedule "A" hereto). 2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning, design, bidding/award, construction administration, and Additional Services [as may be approved]), all as further described in Schedule "A" hereto; and shall also include any and all of Consultant's responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the Contract for Construction (attached as Schedule "F" hereto). 2.5.1 Planning Services: Consultant shall provide planning services for the Project, as required by the Contract Documents and as set forth in Schedule "A" hereto (entitled "Planning Services"). 7 2.5.2 Design Services: Consultant shall prepare Design Documents for the Project, as required by the Contract Documents and as set forth in Schedule "A" hereto (entitled "Design Services") 2.5.3 Bidding And Award Services: Consultant shall provide bidding and award services for the Project, as required by the Contract Documents and as set forth in Schedule "A" hereto (entitled "Bidding and Award Services"). 2.5.4 Construction Administration Services: Consultant shall provide construction administration services for the Project, as required by the Contract Documents and as set forth in Schedule "A" hereto (entitled "Construction Administration Services"). 2.5.5 Additional Services: If required (and so approved) by the City, Consultant shall provide Additional Services, as set forth in Schedule "A" hereto. 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for the accuracy and competency of its/their designs, working drawings, plans, technical specifications, or other technical documents, nor shall such approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, plans, technical specifications, or other technical documents; provided, however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City pursuant to this Agreement. 2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this respect, the parties agree as follows: 2.7.1 Term: The term of this Agreement shall commence upon execution by the parties (subject to approval of the Agreement by the Mayor and City Commission) (the Effective Date), and shall be in effect until all Services are completed or until the work and/or services under the Notices to Proceed in force at the end of the stated period of time have been completed and the Services accepted, whichever may be later. 8 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 The Services shall be performed in a manner that shall conform with the approved Project Schedule, attached to as Schedule "E" hereto. The Consultant may submit requests for an adjustment to the Project Schedule, if made necessary because of undue delays resulting from untimely review taken by the City (or other governmental authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Coordinator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Coordinator may require), the Project Coordinator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's approval (if granted) shall be in writing. 2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights to terminate the Agreement, as provided elsewhere herein. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Coordinator, Contractor, and any and all other individuals and/or firms that have been contracted, or otherwise retained, to perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement in a competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all work required under the Agreement(including the work performed by sub-consultants), within the specified time period and specified cost. The Consultant shall perform the work utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the performance of the work in the State of Florida. The Consultant is responsible for, and shall represent to City that the work conforms to City's requirements, 9 as set forth in the Agreement. The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's negligent acts or errors or omissions in the performance of the work. In addition to all other rights and remedies, which the City may have, the Consultant shall, at its expense, re-perform all or any portion of the Services to correct any deficiencies which result from the Consultant's failure to perform in accordance with the above standards. The Consultant shall also be liable for the replacement or repair of any defective materials and equipment and re-performance of any non- conforming construction services resulting from such deficient Consultant services for a period from the Effective Date of this Agreement, until twelve (12) months following final acceptance of the Work, and for the period of design liability required by applicable law. The Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve the method and timing of the corrections. Neither the City's inspection, review, approval or acceptance of, nor payment for, any of the work required under the Agreement shall be construed to relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant and its sub-consultants shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or its sub-consultants to comply with the terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With respect to the performance of work by sub-consultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the sub-consultant's work. 2.9.1 The Consultant shall be responsible for deficient, defective services and any resulting deficient, defective construction services re-performed within twelve (12) months following final acceptance and shall be subject to further re-performance, repair and replacement for twelve (12) months from the date of initial re-performance, not to exceed twenty-four months (24)from final acceptance. 2.9.2 Consultant Performance Evaluation: The Consultant is advised that a performance evaluation of the work rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any work performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable 10 the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project Schedule. 2.11 [Intentionally Omitted] 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of the first Notice to Proceed, .a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Coordinator). 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City Manager or his designee (which notice shall state the cause therefore), to promptly remove and replace a Project Manager, or any other personnel employed or otherwise retained by Consultant for the Project( including, without limitation, any sub-consultants). 2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non- public information concerning the Services or the Project, without the prior written consent of the City Manager or his designee (who shall be the Project Coordinator), unless such disclosure is incident to the proper performance of the Services; or the disclosure is required pursuant to Florida Public Records 11 laws; or, in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require its employees and sub-consultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services do not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of performing of the Services, Consultant determines that work should be performed to complete the Project which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated in the Scope of Services, Consultant shall promptly notify the Project Coordinator, in writing, and shall obtain the Project Coordinator's written consent before proceeding with such work. If Consultant proceeds with any such additional work without obtaining the prior written consent of the Project Coordinator, said work shall be deemed to be within the original Scope of Services, and deemed included as a Basic Service (whether or not specifically addressed in the Scope of Services). Mere notice by Consultant to the Project Coordinator shall not constitute authorization or approval by the City to perform such work. Performance of any such work by Consultant without the prior written consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records pertinent to the Services and shall provide the City, upon request, with copies of any and all such documents and/or records. In addition, Consultant shall provide electronic document files to the City upon completion of the Project. 2.17 The City's participation in the design and construction of the Project shall in no way be deemed to relieve the Consultant of its professional duties and responsibilities under the Contract Documents or under Applicable Laws. 2.18 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance requirements. 2.19 SUB-CONSULTANTS: All services provided by sub-consultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the sub-consultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the sub-consultants. 12 The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub- consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. The Consultant shall cause the names of sub-consultants responsible for significant portions of the Services to be inserted on the plans and specifications. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized representative to coordinate, direct, and review all matters related to this Agreement and the Project during the design and construction of same (except unless otherwise expressly provided in this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the affect (or be interpreted as having the effect) of modifying or changing, (in any way) the following: a) the Scope of Services; b) the time within which Consultant is obligated to commence and complete the Services; or c) the amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall make available to Consultant all information that the City has in its possession pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such information available to Consultant, the City makes no express or implied certification, warranty, and/or representation as to the accuracy or completeness of such information. The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 13 3.3 [Intentionally Omitted] 3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance counseling services for the Project (including, without limitation, auditing services to verify the Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment due to its sub-consultants or vendors). 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non- conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt written notice thereof to the Consultant. 3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. No City administrative (proprietary) approvals and/or decisions required under this Agreement shall be unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times have the right to approve or reject any such requests for any reasonable basis. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct, by passage of an enabling resolution or amendment to this Agreement: 3.7.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be defined to also include sale of the majority of the stock of a corporate consultant. 3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from administrative decisions of the City Manager or the Project Coordinator. In such cases, the • Commission's decision shall be final and binding upon all parties. 3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 14 3.8.7 The City Manager shall be the City Commission's authorized representative with regard to acting on behalf of the City in the event of issuing any default notice(s) under this Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 10 hereof). ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The City has established the Construction Cost Budget for the Project, as set forth in Schedule "D", attached hereto. 4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared by Consultant. 4.3 Consultant shall warrant and represent to the City that its review and evaluation of the Construction Cost Budget, Statement of Probable Construction Cost, and any other cost estimates prepared (or otherwise provided) by Consultant for the Project, represent Consultant's best judgment as an experienced design professional familiar with the construction industry; provided, however, that Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. 4.4 The Construction Cost Budget (as established in Schedule "D" hereto) shall not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such budget is exceeded, the City Commission may, at its sole and reasonable discretion, terminate this Agreement (and the remaining Services) without any further liability to the City. 4.5 If the lowest and best base bid exceeds the Construction Cost Budget by more than five percent (5%), the City Commission may, at its sole option and discretion, elect any of the following options: (1) approve an increase to the' Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the lowest and best bid within the Construction Cost Budget; or (5) work with the Consultant to reduce the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to 16 reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents), and provide re-bidding services, as many times as reasonably requested by the City, at no additional cost to the City, in order to bring any resulting, responsive and responsible bids within five percent (5%) of the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Coordinator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; a lump sum to be negotiated at the time of the request for additional services or an hourly fee (in accordance with the rates in Schedule "C" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any)with a "Not to Exceed" amount; the amended Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services may include, but not be limited to, the following: 5.2.1 Providing additional work relative to the Project which arises from subsequent circumstances and causes which do not currently exist, or which are not contemplated by the parties at the time of execution of this Agreement (excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.2 Serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error omission, inadvertence, or negligence of Consultant. 5.2.3 [Intentionally Omitted] 5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts 17 (except for Contract Document revisions and re-bidding services required under Section 4.5 hereof, which shall be provided at no additional cost to City). ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual expenditures made by the Consultant in the interest of the Project. The Reimbursable Expenses allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City. Any money not directed to be used by City for Reimbursable Expenses shall remain with the City(i.e. unused portions will not be paid to Consultant). Notwithstanding the above, any Reimbursable Expenses must be authorized, in advance, in writing, by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Coordinator (along with any supporting receipts and other back-up material requested by the Project Coordinator). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." 6.2 Reimbursable Expenses may include, but not be limited to, the following: 6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project documents (excluding reproductions for the office use of the Consultant and its sub-consultants, and courier, postage and handling costs between the Consultant and its sub-consultants). 6.2.2 Costs for reproduction and preparation of graphics for community workshops. 6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the Project(i.e. City permit fees). ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Lump Sum" fee for provision of the Services, including reimbursable expenses, for the Middle Beach Recreational Corridor project shall be $478,142.00 ($455,374.00 in Fees + $22,768.00 in Reimbursable Allowances; See Schedule B for additional breakdowns) 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the 18 Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted work. 7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth in Schedule "C," attached hereto. Any request for payment of Additional Services shall be included with a Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub- contracted or not). 7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to the "Not to Exceed" Reimbursable allowance amount in Schedule "B" hereto. Any request for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive approved and executed by the City Manager, adjust the fees included in the Hourly Billing Rate Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a year to year basis. Such adjustment will be based on the cumulative change of the CPI for the Miami urban area, provided that in no event shall any the annual increase exceed three percent (3%). 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and extent of the work performed; the total hours of work performed by employee category; and the respective hourly billing rate associated therewith. In the event sub-consultant work is .used, the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category). 19 7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and approval of an acceptable invoice by the Project Coordinator. 7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written approval of the City Manager before disbursement of same. ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its sub-consultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 20 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all sub-consultants to the Agreement requirements for re-use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or(3)does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 21 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's initial written default notice). Upon payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant. 10.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Coordinator any and all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed 9 � P YP and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except 22 for those which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Coordinator). ARTICLE 11. INSURANCE 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator: (a) Professional Liability Insurance, in the amount of not less than one million dollars $2,000,000.00, with a deductible per claim, if any, not to exceed 10% of the limit of liability. Consultant shall notify the Project Coordinator, in writing, within thirty (30) days of any claims filed or made against its Professional Liability Insurance policy. (b) Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. (d) Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. 11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 23 11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or any registered professionals (architects and/or engineers) under this Agreement). ARTICLE 13. ERRORS AND OMISSIONS 13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes categorized by the City as caused by an error, an omission, or any combination thereof in the Contract Documents that were prepared by the Consultant will constitute an additional cost to the City that would not have been incurred without the error. The damages to the City for errors, omissions or any combinations thereof shall be calculated as the total cost of any damages or incremental costs to the City resulting out of the errors or omissions by the Consultant. 24 Damages shall include delay damages caused by the error, omission, or any combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination thereof, the Consultant may appeal this determination, in writing, to the City's Capital Improvement Projects Director (the Director). The Director's decision on all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of the Director, the Consultant shall present any such objections, in writing, to the City Manager. The Director and the Consultant shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above administrative remedies have been exhausted. ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the "not to exceed" amount of the fee paid to Consultant under this Agreement, less any amount(s) actually paid to Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action for breach of contract to be limited to Consultant's "not to exceed" fee under this Agreement, less any amount(s) actually paid by the City to the Consultant hereunder. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement, in an amount in excess of the "not to exceed amount" of Consultant's fees under this Agreement, which amount shall be reduced by any amount(s) actually paid by the City to Consultant hereunder. Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes. 25 ARTICLE 15. NOTICE All written notices given to City by Consultant shall be addressed to City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Jimmy L. Morales. • With a copy to: Capital Improvement Projects Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: David Martinez All written notices given to the Consultant from the City shall be addressed to: Calvin, Giordano &Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 Attn: Shelley Eichner All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if.in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 26 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or sub-consultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City, and pursue debarment of Consultant 16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this subsection, City shall have the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise recover) the full amount of such fee, commission, percentage, gift, or consideration. 16.5 LAWS AND REGULATIONS: 16.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal, State, Miami-Dade County, and City laws, ordinances, and codes which may have a bearing on the Services involved in the Project. 27 16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and sub-consultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 16.5.2.2 The Consultant and its sub-consultants agree in writing that the Project documents are to be kept and maintained in a secure location. 16.5.2.3 Each set of the Project documents are to be numbered and the whereabouts of the documents shall be tracked at all times. 16.5.2.4 A log is developed to track each set of documents logging in the date, time, and name of the individual(s) that work on or view the documents. 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its sub-consultants. Compliance with this subsection shall • not be construed to relieve the Consultant from any liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. 28 16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement shall conform to the quality expected of and usually provided by the profession in the State of Florida applicable to the design and construction of public and commercial facilities. 16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement, the City is not precluded from retaining or utilizing any other architect, engineer, design professional or other consultant to perform any incidental Basic Services, Additional Services, or other professional services within the contract limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City electing to retain or utilize such other architect, engineer, design professional, or other consultant to perform any such incidental Services. 16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of the City Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by sub-consultants, subject to the P P P Y � J prior written approval of the City Manager. 16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as necessary to complete said Services. 29 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH: l /t. r/ AI 4 s / Rafa I Granado, P do, CI CL RK • ��g :y Philip Levine, AYE• •• g` /�N / • 714' • a. 7‘ :INCORP ORATED: • •ULT T: C IN, GIORDANO & :ASTICIATES, INC. • Attest y Signature/Secretary Signature/President r N) tP &) Print Name Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4101W4) 3-2-1-Agi ity Attorne Dote 31 SCHEDULE "A" SCOPE OF SERVICES MIDDLE BEACH SOUTH RECREATIONAL CORRIDOR PROJECT The following is a detailed description of the Scope of Work to be provided by the Calvin, Giordano & Associates, Inc. (CGA) team for the City of Miami Beach (City) relative to the design, permitting, and implementation of the proposed "Middle Beach South Recreational Corridor" Project (Project) between 24th and 46th Streets. The purpose of the Project is to create a multi-purpose, public access corridor, within State-owned and City-owned lands, which extends along the western edge of the dunes immediately east of the oceanfront properties and includes the demolition of the existing wooden boardwalk. The corridor will interconnect area business districts, cultural/tourism centers, hotels, residential neighborhoods, condominium apartment buildings, parking facilities, parks and the beaches. The corridor will be approximately 7,300 linear feet running in a north-south direction connecting the south end of the existing beach walk providing a connection to Indian Beach Park at 46th Street previously constructed segments of the beach walk as far south as 24th Street. The corridor will be designed as an on-grade, paver pathway ranging between 25 and 15 feet in width, constructed of hardscape materials with connections at street ends access points and other public access areas. The City's construction cost budget for the Project is anticipated at $12 Million. This scope of services assumes that the proposed path and ancillary structures will be sited as far landward as is practical and that impact to the beach/dune system will be minimized up-front in the design. This scope assumes that the DEP will not object to the proposed path location and/or construction materials. This scope assumes that there will be no third-party reviewer comments submitted and that FDEP, during the permitting process, will not trigger significant negotiations for re- design of the project, and that no petition for Administrative Hearing pursuant to Ch. 120 of the Florida Statutes will be filed upon permit issuance. CONSULTING SERVICES PART 1 — MIAMI BEACH BOARDWALK/BEACHWALK FEASIBILITY STUDY (CONVERSION PROJECT) PLANNING SERVICES 1.1 INITIAL SERVICES Project Kick-Off Meeting: The CGA project team will attend one (1) kickoff meeting with the appropriate City representatives to introduce key team members to the City staff and review available planning and reference documents defining the Project scope. Preliminary project goals, schedule, budget, and quality control will be discussed. Based on this meeting, CGA will schedule the site inventory visit. CGA shall prepare and distribute meeting minutes. Deliverables: Meeting Minutes 1.2 SITE RECONNAISSANCE A. Site Survey: The City is to provide all available as-built surveys/plans of existing below ground and above ground electrical equipment, utilities and other structures within and adjacent to the Project area. As they become available, the City shall provide copies of plans for other pedestrian and vehicular transportation corridor improvements, parks, and other proposed projects in the surrounding area. The City shall also provide CGA with copies of any available plat maps, property surveys, aerial photographs, and recent Miami-Dade County beach surveys. Transmittal of data in a standard electronic format is preferable. These data will be compiled and used to 32 facilitate comprehensive urban redevelopment planning during the design phases. CGA will provide complete topographic design surveys necessary for documenting the context for design and permitting the project in accordance with the Florida Department of Environmental Protection's (FDEP) specifications as defined in Chapter 62B-33.0081 of the Florida Administrative Code — while the survey will identify property lines that define the extents of the abutting privately owned properties, because the beach-walk project will lie entirely on State- owned lands, which are defined by the Erosion Control Line, there is no specific Boundary Survey or Legal Description for that portion of the project area; Boundary Surveys will be provided for the street-end components where the street-end of the public Right-of-Way abutting the Erosion Control Line has been platted (a search on the Miami-Dade County's Property Appraiser's web- based database reveals that these are limited to the street ends on 27th, 26th, 25, and 24th Streets). The survey will include: (1) Defining the horizontal locations of the Coastal Construction Control Line (CCCL) (2) Defining the horizontal locations of the Erosion Control Line (ECL) (3) Determining the horizontal locations of the contour lines corresponding to elevation 0.00 (4) Determining the horizontal locations of the Seasonal High Water Line (5) Determining the horizontal locations of the seaward line of vegetation and outline definitions of existing natural vegetation (6) Locating the horizontal limits of the dune boundaries (7) Providing topographic information of the existing dune at 100-foot intervals from the Erosion Control Line (ECL) to the Mean High Water Line, and providing topographic information of the existing dune at intermittent 50-foot intervals from the Erosion Control Line (ECL) to 20 feet seaward of the easternmost edge of the vegetated dune. In order to obtain the best possible reading for topographic conditions beneath the existing wooden boardwalk, it may be necessary to remove existing floorboards to gain access to the accumulation of sand underneath. The floorboards that are removed will be reinstalled once survey services are complete. Because the boardwalk may have a degraded structural condition, the cost for reparations beyond the aforementioned floorboards needed to access the sand are not included in this scope and may be repaired through the use of reimbursable expenses. (8) Providing full sections to elevation 0.00 along the beach every 100 feet (9) Locating access points from all abutting and adjacent buildings and abutting improvements (10) Locating all improvements at access and termini including northern terminus of the existing boardwalk at the southern end of the project, parking lot access points at 35th 9 P J � P 9 P Street, and southern terminus of the existing concrete walk at the northern end of the project (11) Locating all trees in accordance to applicable ordinances (12) Providing topographical survey of up to 100 feet into the adjacent parking lot access locations, located at 35th Street. (13) Preparing sketch and descriptions for Utility Easements as determined by the City and CGA Team (14) Preparing and providing base maps for design reflecting results of design survey and upland property lines (15) Providing horizontal datum relative to State Plane Coordinates, NAD 83/90 Florida East Zone (16) Providing vertical datum relative to NAVD 1988 B. Vegetation Mapping: The CGA team will map the areas of existing native and non-native vegetation within the proposed Project area for use in the landscaping design and to evaluate areas of exotic vegetation that will be required to be removed, as well as potential environmental 33 impacts of the Project. The dominant exotic and native plant species that are regulated by the City and/or DEP will be noted. C. Final Base map: CGA will prepare a final base map by compiling the Coastal Topographic Survey and Vegetation Mapping data to illustrate the visible existing conditions and topographic contours within the Project area. The Final Base Map will become the basis for the design development portion of the Project. D. Encroachment Analysis: The CGA team will document all potential encroachments existing throughout the project area. All encroachment analyses will be conducted relative to surveyed property lines with design recommendations assigned to each. CGA will provide the encroachment analysis to the City for direction on design and for discussion and direction during task 1.2.C. Site Reconnaissance Visit. E. Final Findings Conference with Staff: The CGA team will schedule and attend one (1) meeting with City staff to observe existing conditions, identify potential design opportunities and challenges, and document/discuss relevant features/areas of interest. Issues affecting the feasibility and possible layout of the proposed path, landscaping, and other amenities will be discussed. CGA will issue meeting minutes to document onsite discussions. Deliverables: Meeting Minutes and submittal of the survey City Surveyor for approval. CGA will coordinate address any comments from the City Surveyor and address all comments). 1.3 PROJECT ANNOUNCEMENT MEMORANDUM Project Announcement Memorandum: The CGA team will work with City Staff to prepare a memorandum to be distributed to all Condominium Associations and Hotels abutting the project site announcing the project's commencement and introducing Calvin, Giordano & Associates, Inc. as the design consultant. The goal of the memorandum will be to facilitate the introductions so CGA staff can schedule a visit with the property/association managers for surveying and site assessment needs to define design approaches and impacts to building a seamless transition between the future beach walk and any improvements located on private properties. It is understood that this is only the first step in engaging with the Community. 1.4 CONCEPTUAL DESIGN PHASE A. Coastal Impact Analysis: If requested by the DEP to confirm potential project's vulnerability to coastal storm impacts, CGA may evaluate the predicted storm recession and storm wave impacts associated with the DEP 100-year return period (design) storm along the Project shoreline. Because this information is directly related to erosion and less with the design and engineering of the project, it is not anticipated that FDEP will make this request. Specifically, the analysis will provide the maximum wave crest elevation for these storm events and the predicted eroded grade profile/elevation at each DEP reference monument within the Project area. In addition, CGA will generally analyze the potential vulnerability of the dune and proposed a path to short and long-term erosion. CGA will prepare a report summarizing the above analyses and providing design recommendations based on the data. Graphics will be included illustrating predicted erosion of the 100-year return-period storm event relative to the proposed Project. These data will assist in confirming appropriate path location. B. Initial Conceptual Design Direction Meeting: CGA will be available and attend one all-day meeting to confer with the various City Departments to obtain direction on the design components expected for this project for input on keeping consistency with other segments of the beach walk 34 and with City-adopted standards. The City will provide previously approved plans/sketches for CGA to utilize as a Basis of Design to meet these expectations. C. Initial Conceptual Design: Based on the Project scope documents and direction provided by the City in the Kick-off Meeting, and modeled by previously constructed segments of the beach walk, the CGA team will start to develop conceptual, schematic design plans in preparation for discussions with the various City Departments for approval of design direction. At the request of the City, the design that will be targeted will make every attempt to propose a 25-foot wide pathway where possible, with transitions to 15-foot wide segments and segments existing previously constructed portions of the beach walk. A rendering of the general project layout will be produced, illustrating conceptual landscape and hardscape elements. Typical illustrative details may be provided, including: (1) Illustrations of alternative treatments for the various areas of the Project, as appropriate (2) Locations of proposed project design elements in relation to the dune, existing structures, adjoining property developments, existing access points to the beach, connections to abutting parking lots, and street ends. D. Initial Conceptual Cost Opinion: CGA will provide an initial opinion of probable construction cost for the proposed Project based upon the conceptual project plan to confirm those proposed elements that are generally within the available City budget, anticipated at $12 Million. This analysis will provide an opinion of unit costs relative to proposed base and alternate Project elements. Deliverables: Initial Conceptual Design graphics (1.4.C) and the initial opinion of cost spreadsheet (Excel format) (1.4.D) 1.5 CONCEPTUAL DESIGN DEVELOPMENT— ROUND 1 OF 3 A. Initial Conceptual Design Review and Meeting with City Staff: CGA will meet with City Staff to review the initial conceptual design and to obtain direction on any possible modifications to the plan and/or solutions. It is anticipated that City Staff will be allotted 20 business days for review of the conceptual design in preparation for the meeting. B. Conceptual Design Development Revisions 1-of-3: CGA will conduct a first round of revisions as necessary to incorporate direction given by City Staff as affected by comments agreed upon at the follow-up meeting Task 1.4.A. The CGA team will incorporate the project modifications into the conceptual plans collectively identified as preferable by the City, tempered by anticipated regulatory and other constructability potential restrictions. The CGA team will coordinate with City staff to review comments received. C. Follow-up meeting with City Staff: CGA will attend a collective design meeting with all participating City Staff to review the modifications as directed by task 1.4.B. D. DEP Pre-application Telephone Conference: CGA will review the inventoried Reconnaissance Date, Survey and City-Approved Conceptual Design for the proposed project and for completion regarding anticipated preliminary coastal construction permit requirements discussions and code requirements [Chapter 62B-33, Florida Administrative Code (F.A.C.) of the DEP. CGA will prepare for and attend one (1) Pre-Application Telephone Conference with the Florida Department of Environmental Protection (DEP) staff of the Bureau of Beaches to present the Approved Conceptual design. CGA will discuss with DEP staff the proposed design components of the Project relative to their regulations, and solicit input as to the acceptability of critical design elements. The discussion will rely on design drawings only affecting layout and alignment 35 considerations of the proposed walk — no site engineering or cut-and-fill or grading calculations will be included in this design phase. CGA will prepare meeting minutes documenting the discussions and summarizing DEP's acceptance of specific design elements. These reports will serve as DEP's preliminary review for compliance. CGA will encourage that all City Departments engaged in the design process of the project participate in the Telephone Conference for any needed discussion negotiations. Following the Telephone Conference Call with FDEP, CGA will have a follow-up discussion with City Staff to determine the direction and components for any needed design revisions in preparation for a follow-up conference with FDEP staff. 1.6 CONCEPTUAL DESIGN DEVELOPMENT— ROUND 2 OF 3 A. Conceptual Design Development Revisions 2-of-3: CGA will conduct second round of revisions to conceptual design to incorporate modifications provided by FDEP and agreed to by City Staff at the follow-up meeting Task 1.5.D. B. Refined Conceptual Cost Opinion: CGA will provide a refined opinion of probable construction cost for the proposed Project based upon the conceptual project plan to confirm those proposed elements that are generally within the available City budget, anticipated at $12 Million. This analysis will provide an opinion of unit costs relative to proposed base and alternate Project elements. C. Staff-Approval of Refined Conceptual Design and Meeting: CGA will attend a collective design meeting with all participating City Staff to review the modifications as directed by task 1.5.D. It is anticipated that City Staff will be allotted 20 days for review of the conceptual design in preparation for the meeting. D. DEP Follow-up Pre-application Telephone Conference: CGA will prepare for and attend one (1) Follow-up Pre-Application Telephone Conference with the Florida Department of Environmental Protection (DEP) staff of the Bureau of Beaches to present the City-Approved Conceptual revisions to the revised design. CGA will discuss with DEP staff the proposed design components of the Project relative to their regulations, and solicit input as to the acceptability of critical design elements. The discussion will rely on design drawings only affecting layout and alignment considerations of the proposed walk — no site engineering or cut-and-fill or grading calculations will be included in this design phase. CGA will encourage that all City Departments engaged in the design process of the project participate in the Telephone Conference for any needed discussion negotiations. Following the Telephone Conference Call with FDEP, CGA will have a follow-up discussion with City Staff to determine the direction and components for any needed design revisions in preparation for a follow-up conference with FDEP staff. 1.7 CONCEPTUAL DESIGN DEVELOPMENT— ROUND 3 OF 3 A. Final Conceptual Design Development Revisions 3-of-3: CGA will conduct third and final round of revisions to conceptual design to incorporate modifications provided by FDEP and agreed to by City Staff at the follow-up meeting Task 1.6.D. B. Final Conceptual Cost Opinion: CGA will provide a refined opinion of probable construction cost for the proposed Project based upon the conceptual project plan to confirm those proposed elements that are generally within the available City budget, anticipated at $12 Million. This analysis will provide an opinion of unit costs relative to proposed base and alternate Project elements. C. Approval of Conceptual Design and Meeting: CGA will meet with City Staff to review the modifications as directed by task 1.6.D to obtain a final approval on the conceptual design for the 36 project. This conceptual design will serve as the Basis of Design that will be utilized to conduct Part 2 Design Services. 1.8 ADDITIONAL REVISIONS TO CONCEPTUAL DESIGN Any changes in design direction requested by the City shall be billed separately under an Additional Services Contract as needed. 1.9 EXECUTIVE SUMMARY- FINAL DESIGN REPORT A. Executive Summary and Final Design Report: CGA will prepare a compendium summarizing the final design modifications and directives of the approved design. This report will serve to memorialize the Basis of Design for Part 2 — Design Services of this contract. Additionally, this Executive Summary will identify a summary of the design recommendations included in the project for improving the quality of pedestrian and bicycle accessibility throughout the project, and future actions/steps to follow. Upon.receipt of the report, the City will issue a notice to proceed with the Part 2 — Design Services of this contract. B. Upon Issuance of the Final Design Report, it is understood that the planning phase of the project is finalized and any design modifications resulting from City directives shall be done under an additional services agreement. This excludes any minor modifications to the design necessary to address and obtain permits from any agency having jurisdiction over the project during the permitting phases. 1.10 COMMUNITY INFORMATIONAL MEETING CGA will conduct one (1) informational meeting as an informational session where the team will focus on communicating the anticipated schedule for construction. CGA will also identify those properties that need to make modifications on their private side of the Erosion Control Line (ECL) and let them know of where to anticipate for the future connection to the beach walk. Design and engineering services on private property shall be excluded from this contract. The timing of this public outreach component may occur prior to the provision of Part 2 - Design Services or may be better suited to be performed upon completion of Task 2.2.B.(7), once the 60% plans have been finalized. PART 2— DESIGN SERVICES 2.1 LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES A. Landscape Architectural and Hardscape Design: Landscape Architecture design services will include the initial layout and geometry of the trail based on the design development. Landscape planting design will be completed in accordance with the design development for the proposed Project improvements. An initial list of plant species to be used adjacent to the path will be developed, along with typical details regarding arrangement of these plants. Hardscape concepts will be developed, including materials, colors, and finishes for the path, edging, fixtures, and other features. B. Engineering Design: The CGA team will provide the initial engineering design services required for the Project elements outlined in the design development. The grading design will be initialized to meet the aesthetic intent of the landscape planting areas. It is assumed that existing beach access points across the dune will be maintained or streamlined. Access to street ends, existing riparian properties, and other access corridors will be reviewed. Access for emergency vehicles will be reviewed and illustrated. This scope of services assumes that no new major structures 37 (bathrooms, walls, etc.) will be designed as part of this Project. Until the survey information has been collected, it is not possible to determine the need for any retaining walls to aid in the provision of ADA access and soil retention; therefore, any need for Structural Engineering Design to accommodate possible retaining walls are not included in this proposal and shall be provided in an Additional Services Contract on an as-needed basis. Cross sections for the corridor will be developed that will include the path pavers and base material. Presently, it is understood that the City is engaging in a drainage design and engineering upgrade project for the drains of the existing showers at the street-ends — it will be required for the City to provide any As-Builts of these improvements to be factored and incorporated into any drainage design solutions proposed by CGA. If these improvements have not been completed prior to the Surveying services, and if the As-Builts do not provide the necessary topographic survey information needed, additional surveying services may be needed to collect resultant topography and shall be performed under an Additional Services Agreement on an as-needed basis. C. Dune Fill Design: CGA will prepare initial design plans suitable for submittal to the DEP illustrating the proposed dune fill to expand the dune profile, as necessary, to restore the dune where needed to establish plant installation. Fill elevation and slopes will be designed. Required connections to street ends and landward properties will be considered in this initial fill design. A proposed fill volume will be calculated. After review and conceptual approval by the DEP, the fill design will be incorporated into the Preliminary Construction Drawings. D. Electrical Engineering: Pedestrian scale bollard lights with low wattage bulbs and shielding/louvers will be used, as pre-selected by the City and consistent with fixtures utilized in previous segments of the recreational corridor. CGA will coordinate light siting relative to the project's aesthetic considerations. The electrical and lighting plans along with lighting riser diagrams will be defined indicating the proposed lighting and photometrics. The electrical power riser diagram will be defined consistent with load requirements and voltage drop calculations. Service entrance requirements will be coordinated with FPL consistent with available and/or new service configurations and locations. E. Dune Vegetation Restoration Design: CGA will prepare initial design plans suitable for submittal to the DEP illustrating areas of any exotic vegetation removal and proposed dune vegetation to replace exotics and fill barren areas. Plans will include areas to be vegetated, native salt-tolerant plant species, and appropriate specifications for planting. After review and conceptual approval by the DEP, the dune restoration design will be incorporated into the Preliminary Construction Drawings. This scope of services assumes that there will be no expansion of the footprint of the dune structure/vegetation limits and may attempt to consider already permitted dune restoration projects in this area. F. Irrigation Design: Irrigation will be designed for the corridor vegetation generally consisting of temporary irrigation for the native dune vegetation. Permanent irrigation will be designed at street-end and park area connections. The design shall include system layout, service connections, list of materials and installation details consistent with the other beach walk projects or as directed by City Staff. The system will include controllers, valves, heads, main and lateral piping, backflow preventers, flow sensors and connecting to available existing water mains. G. Signage Design: (1) The CGA team will provide up to 1 (one) round of graphic design for educational signage to be incorporated into the project by the City's Communications Department. The City will provide the design and wayfinding design specifications, and examples of other previous directional and educational signs that talk about the dune ecology and City-wide 38 resiliency issues. Manufacturing and constructability specifications are not included — these are to be coordinated and prepared by the City's communications department. (2) CGA will coordinate with the City's Communications Department to design wayfinding signage at the street ends to clean-up the existing signage clutter. Scope will include the development of a standard sign palette limited to identification signage, rules signs, and general informational signage. One (1) round of revisions is included. 2.2 CONSTRUCTION DRAWINGS AND SPECIFICATIONS A. 30% Preliminary Construction Drawings (1) CGA will prepare preliminary construction plans at approximately the 30% level of completion illustrating details of the proposed Project. The preliminary design drawings will illustrate plan and sectional views of the improvements and will include general details of paving and grading. All path geometry and elevations will be established, including slopes and ADA considerations and accesses. Minor drainage design (slopes, swales, etc., but no drainage structures or underground piping) will be completed as appropriate for the improvements. Minor repairs of existing dune crossovers or modification to sand-on-grade access, and clarification of connections to existing parks and parking lots and existing street ends will be provided. Paving and utility connection (water/electrical) design will also be developed as required. The plans will incorporate existing conditions and basic design elements including details of handicap ramps, decorative details for the path, vegetation, and lighting. The 30% preliminary plans will graphically convey the engineering and landscape architectural design, and be formatted for a logical sequence of construction. CGA will submit a complete set of all 30% plans to City Staff for review and comment relative to compliance with City Standards. It is anticipated that the City Departments will provide comments within a timeframe of 30 days. (2) Updated Cost Opinions: Updated cost opinions that include quantities, unit costs, and total costs will be submitted to the City for review. (3) 30% Comments Review Meeting: CGA will attend one collective meeting with City Staff to review all comments and obtain direction for further development to be reflected in the 60% plans. It is expected that the City will provide clear direction on how to resolve potentially conflicting comments as issued by different City Departments. (4) Refined 30% Plans Revisions: CGA will conduct minor revisions to address comments received from City Staff in preparation for submission to FDEP at the 30% plans level. Any significant change of scope of work made to the plan set during this phase of services directed by the City or a regulatory agency will be addressed under a separate scope of services. (5) Submission of 30% Plans to FDEP (an possibly FDOT) for Review: CGA will submit an initial permit application package, inclusive of 30% plans, to FDEP for review and comment. CGA will also provide a submission package to FDOT in compliance with any future grants acquired by the City for construction. Comments will be addressed in the 60% developed construction documents. It is anticipated that the design of this project shall not be required to meet standard FDOT specifications for roadway and bicycle geometry and signage design typical of roadway projects, but rather shall conform to standards already-defined by previously constructed segments of the beach walk. Where a conflict between direction obtained from FDOT and FDEP exists, it is anticipated that those comments received from FDEP will be the comments to be incorporated into the design and permit sets, and that the City will facilitate any negotiations between the agencies. Any significant change of scope of work made to the plan set during this phase of services directed by the City or a regulatory agency will be addressed under a separate scope of services. Where conflicting comments are generated by various agencies or by City Departments, it is expected that City Staff will take the lead role to moderate the resolution of these inter-agency conflicts. The City to 39 provide final resolution directives for further plans development to CGA. It is anticipated that the agencies will provide comment within a timeframe of 60 days. Deliverables: Complete set of stage-level plans, 24"x 36', 2 sets hardcopies and in electronic PDF format. B. 60% Developed Construction Drawings (1) CGA will incorporate comments and agreed-upon resolutions from the City's review of the 30% design plans and the comments from the review meeting into the 60% construction drawings. A subsequent submittal of the design plans will be made to the City at the 60% level of completion. It is anticipated that the review comments from the 60% level drawings will be minor in nature. The drawings will be prepared with industry-accepted guidelines for the production of construction drawings on 24"x36" sheets at appropriate scales. (2) Updated Cost Opinion: The opinion of probable construction cost will be revised and submitted with the design submittal package. (3) Preliminary Technical Specifications: CGA will prepare preliminary technical specifications in the Construction Specifications Institute (CSI) format for the Divisions 2-16 specifications required for the construction plans. The City will be responsible for all "up-front" bid package documents such as General Conditions, Construction Contracts, and Division 1 specifications, etc. J(4) 60% Comments Review Meeting: CGA will attend one collective meeting with City Staff to review all comments and obtain direction for further development to be reflected in the 90% plans. It is expected that the City will provide clear direction on how to resolve potentially conflicting comments as issued by different City Departments. (5) Refined 60% Plans Revisions: CGA will conduct minor revisions to address comments received from City Staff in preparation for submission to FDEP at the 60% plans level. Any significant change of scope of work made to the plan set during this phase of services directed by the City or a regulatory agency will be addressed under a separate scope of services. (6) Submission of 60% Plans to FDEP (an possibly FDOT)for Review: CGA will submit a follow- up submittal of revised plans to FDEP for review and comment. CGA will also provide a submission package to FDOT in compliance with any future grants acquired by the City for construction. Comments will be addressed in the 90% developed construction documents. Any significant change of scope of work made to the plan set during this phase of services directed by the City or a regulatory agency will be addressed under a separate scope of services. Where conflicting comments are generated by various agencies or by City Departments, it is expected that City Staff will take the lead role to moderate the resolution of these inter-agency conflicts and provide final directive for development to CGA. It is anticipated that the agencies will provide comment within a timeframe of 60 days. (7) Construction Evaluation Coordination with City Departments: CGA will attend one meeting with City Staff, principally the Capital Improvements Department, to discuss the anticipated construction strategy for the project. Discussions will be held to ascertain if the City will prefer to construct the project in a linear, progressive phase or if the City would prefer to construct several segments of the beach walk simultaneously, and if these will be performed under a single contract with one general contractor or if the City will utilize different contractors for different segments. This scope and fees assumes that the construction will be performed as a one-phase project. Any modification of this assumption will require a revision to the anticipated scope and fees needed to accommodate any changes in the construction approach to the project. Deliverables: Complete set of stage-level plans, 24"x 36'; 2 sets hardcopies and in electronic PDF format. 40 C. 90% Final Construction Drawings (1) CGA will incorporate comments and agreed-upon resolutions from the City's review of the 60% design plans and the comments from the review meeting into the 90% construction drawings. A subsequent submittal of the design plans will be made to the City at the 90% level of completion. It is anticipated that the review comments from the 90% level drawings will be minor in nature. The drawings will be prepared with industry-accepted guidelines for the production of construction drawings on 24"x36" sheets at appropriate scales. (2) Updated Cost Opinion: The opinion of probable construction cost will be revised and submitted with the design submittal package. (3) Updated Technical Specifications: CGA will prepare preliminary technical specifications in the Construction Specifications Institute (CSI) format for the Divisions 2-16 specifications required for the construction plans. The City will be responsible for all "up-front" bid package documents such as General Conditions, Construction Contracts, and Division 1 specifications, etc. (4) 90% Comments Review Meeting: CGA will attend one collective meeting with City Staff to review all comments and obtain direction for further development to be reflected in the 90% plans. It is expected that the City will provide clear direction on how to resolve potentially conflicting comments as issued by different City Departments. (5) Refined 90% Plans Revisions: CGA will conduct minor revisions to address comments received from City Staff in preparation for submission to FDEP at the 90% plans level. Any significant change of scope of work made to the plan set during this phase of services directed by the City or a regulatory agency will be addressed under a separate scope of services. (6) Submission of 90% Plans to FDEP (an possibly FDOT) for Review: CGA will submit a follow- up submittal of revised plans to FDEP for review and comment. CGA will also provide a submission package to FDOT in compliance with any future grants acquired by the City for construction. Comments will be addressed in the 100% developed construction documents. Any significant change of scope of work made to the plan set during this phase of services directed by the City or a regulatory agency will be addressed under a separate scope of services. Where conflicting comments are generated by various agencies or by City Departments, it is expected that City Staff will take the lead role to moderate the resolution of these inter-agency conflicts and provide final directive for development to CGA. It is anticipated that the agencies will provide comment within a timeframe of 60 days. Deliverables: Complete set of stage-level plans, 24"x 36'; 2 sets hardcopies and in electronic PDF format. D. 100% Final Construction Drawings (1) CGA will incorporate comments and agreed-upon resolutions from the City's review of the 90% Final Construction Drawing plans and the comments review meeting into the final construction drawings. It is anticipated that comments or directives for revisions will be completed and the scope to develop the design drawings shall be considered finalized. Any additional or subsequent submittals of the design plans shall be made under a separate additional services agreement. The drawings will be prepared with industry-accepted guidelines for the production of construction drawings on 24"x36" sheets at appropriate scales. Final 100% Construction Drawings will be sealed by Florida Registered Landscape Architect or a Professional Engineer, as appropriate. (2) Final Cost Opinion: The opinion of probable construction cost will be finalized and submitted with the final submittal package. 41 • (3) Final Technical Specifications: The CGA Team will finalize the Technical Specifications to reflect construction and installation specifications for all planned components, particularly with an attention to criteria necessary to address. 2.3 PERMITTING A. Basic Permitting Services: It is anticipated that City of Miami Beach Permits, including Permits from the Public Works and the Building Departments, will be required for the Project. The City will prepare applications and process these permits. CGA will assist the City in processing the permits. CGA will meet with representatives of the City toward securing the required approvals for site and civil improvements. Specifically, the 90% level of drawings will be presented to the City for processing through the required City Departments, and the 100% final drawings will be submitted for permit. B. Grants of Perpetual Easement: CGA will prepare any `Sketch and Descriptions' needed to support the City in obtaining any possible easements. C. DEP CCCL Permit Application: CGA will prepare a CCCL permit application as the City's Agent and submit to the City for signature. The City will provide CGA with an executed CCCL permit application form, a DEP permit application fee (amount to be determined), and a letter from the Planning and Zoning Department indicating their approval of the project and confirming that the project "does not contravene local setback requirements, or zoning codes" and "is consistent with the state-approved local Comprehensive Plan." CGA will provide the relevant legal descriptions • • and ownership/control documentation for the proposed Project area. CGA will prepare and submit a permit application package containing this information, as well as the Project design plans, for the proposed project. Any significant design changes made after submittal of the permit application will be considered a change in scope. Significant design changes include, but are not limited to, the enlargement of footprint, addition of structures seaward of the CCCL, relocating structures farther seaward, or new activities. D. DEP and FWC Marine Turtle (Lighting) Review CGA will coordinate with the lighting and landscaping team members toward obtaining lighting plans, cut sheets, and the lighting table required by the DEP and Florida Fish and Wildlife Conservation Commission (FWC) for review and approval. CGA will also maintain telephone contact with the FWC to expedite their review and approval of the proposed exterior lighting. CGA will confer with the team landscape architect, lighting consultant, and City as to questions, revisions, or additional items that may be required by the FWC to assist the City in obtaining approval for the proposed exterior lighting. It is assumed that bollard light fixture (or a very similar model) and bulbs previously approved by the FWC for the beach walk and NBRC Project will be used exclusively for beach walk II. It is assumed that no lights will be proposed that would be visible from the beach (such as fixtures near or seaward of the dune crest). E. DEP Division of State Lands Consent of Use Application (if necessary): Regulations require that a Consent of Use or easement be obtained by any entity (local, private, commercial) prior to construction or other activities on State-owned lands. All lands east of the Erosion Control Line are owned by the State of Florida. If the Division of State Lands is not able to confirm that Consent of Use is provided through an updated City Beachfront Management Plan, a separate application for Consent must be submitted. If required, CGA will coordinate with the City to prepare and submit a State Lands Consent of Use request to the DEP Joint Coastal Permitting (JCP) program. F. DEP Division of State Lands Consent Processing (if necessary): CGA will confer with DEP staff to advise them of the details of proposed construction and identify areas of staff concern. CGA will 42 maintain telephone contact with the DEP to expedite their review and processing of the Consent of Use application. CGA will provide a sketch illustrating the general north and south boundaries of the Consent approval relative to DEP reference monuments. This scope of services assumes that a surveyed legal description of the boundaries of the Project upon state lands will not be required, and that a Consent to Use State Lands, rather than easement, will be required/issued. G. DEP Permit Processing: CGA will confer with DEP staff to advise them of the details of the proposed construction and to identify areas of staff concern. CGA will maintain telephone contact with the DEP to expedite their review and processing of the permit application. CGA will review available working drawings to ensure their compliance with DEP criteria toward expediting the DEP Final Order. In addition, CGA will confer with the team members and City as to questions, revisions, or additional items that may be required by the DEP and will represent the Project before DEP staff to assist the City in securing a DEP Permit (Final Order) for the proposed Project. H. DEP Final Notice to Proceed: CGA will provide services to assist the City in securing a DEP "Final Notice to Proceed" authorizing commencement of construction. Specifically, CGA will provide services relative to coordinating and processing final construction drawings and meeting Special Permit Conditions outlined in the Final Order. I. Pre-Construction DEP Conference: Subsequent to issuance of the DEP Notice to Proceed, the CGA permitting project manager will schedule and attend one (1) Pre-Construction Conference with the DEP Field Representative, City, Contractor, and Project team members, as required in the Special Permit Conditions outlined in the Final Order. J. FDOT Permit Processing: It is anticipated that the City may require permitting through FDOT if grant monies are secured from the Department. CGA will conduct the necessary permitting processes through the FDOT's ERC system. PART 3— BIDDING AND AWARD SERVICES 3.1 PROJECT BIDDING A. CGA will prepare a bid form with unit quantities and documentation for inclusion with the bid package as directed and approved by the City. Permits for the Project will be included in the appendices of the package. The City will be responsible for all document reproduction services for the bid packages. B. Bid Package Review: CGA will attend a meeting with the City Project Manager to review the compiled bid package. CGA will review the bid package and provide comments. C. Pre-Bid Meeting: CGA will assist in and attend one (1) pre-bid meeting with the City and contractor(s) and respond to pre-bid questions. D. Bid Opening Meeting: CGA will assist in and attend one (1) bid opening meeting with the City. E. Bid Review: CGA will review construction bids and qualification packages and make a comparative analysis of the data collected 43 3.2 CONTRACT AWARD A. Recommendation of Award: CGA will prepare a recommendation of award to the most qualified bidder to assist the City in the award of a construction contract. B. Contract Execution: CGA will assist the City in conducting contract execution services once the approval for award has been secured by the authorized City agent. PART 4— CONSTRUCTION ADMINISTRATION SERVICES The Construction Administration Services outlined herein anticipates a construction period not to exceed 32 weeks. Special requirements pertinent to materials testing, EEO and DEB compliance verifications, and compliance with Davis-Bacon Act requirements are not included and shall be provided through an additional services agreement. In the event that, through no fault of the Consultant, Construction Administration services are required to be extended, which extension shall be subject to prior City approval and that shall be at the City's sole discretion, CGA agrees to extend said services under the approval of an additional services agreement in conformance to Schedule B Consultant Compensation, for the duration required to complete the Project. This scope and fees assumes that the construction will be performed as a one-phase project. Any modification of this assumption will require a revision to the anticipated scope and fees needed to accommodate any changes in the construction approach to the project. 4.1 PRE-CONSTRUCTION CONFERENCE CGA will attend one (1) pre-construction conference with government agencies and p ( ) 9 9 contractor/sub-contractors 4.2 CONSTRUCTION PHASING PLAN REVIEW CGA will review and comment on Contractor-drafted construction phasing plan and the equivalent of a pedestrian-scale "maintenance of traffic" to ensure continual use of the recreational corridor. • Review and Comment on Contractor-drafted construction scheduling should be carefully drafted to not impact socio-cultural events and seasonal, natural events. 4.3 CONSTRUCTION SITE INSPECTIONS A. CGA will conduct daily inspections for compliance with plans and specifications. CGA will conduct interim inspections for substantial completion. B. Professional Landscape Architect Site Observations: A CGA Landscape Architectural designer will conduct routine visits to the site to determine if the work is being performed in accordance with the construction documents. It is anticipated that these visits will not exceed eight (8) two- hour site visits. C. Professional Engineer Site Observations: A CGA Professional Engineers will conduct routine visits to the site to determine if the work is being performed in accordance with the construction documents. It is anticipated that these visits will not exceed eight(8)two-hour site visits. D. The Electrical FOR (Florida PE) will provide a signed and sealed letter of Certification of Final Electrical Inspection of all electrical work including the service point/control panel. 44 4.4 REVIEW OF DRAWINGS, AS-BUILTS AND CONSTRUCTION-RELATED DOCUMENTS A. CGA will review, approve and process all pay requests and perform a relevant inspections to determine, in general, if the work has been completed in conformance with the intent of the Contract Documents. B. CGA will conduct final reviews of as-built and record drawings for water, sanitary sewer and storm drainage/grading as prepared and submitted by contractor/sub-contractor. This is limited to two (2) reviews for each type of as-built. Additional as-built reviews may be performed for under an additional fees agreement. C. CGA will review and respond to RFIs, issue interpretations and clarifications of the Contract Documents, and evaluate requested deviations from the approved design or .specifications. In connection therewith, CGA will review, prepare and process any work change directives or change orders requested by the Contractor or City. D. CGA will review and process shop drawings, samples and other data which the Contractor is required to submit. E. CGA will review and process all contractor-issued closeout packages. 4.5 PROJECT TEAM MEETINGS • A. In addition to those meetings specifically noted within other phases of this agreement, the CGA design team will attend up to six (6) local meetings with City Staff, project team members, and/or other stakeholders to present/discuss elements of the proposed Project. These meetings are estimated to be an average of two (2) hours each. B. CGA will conduct meetings with the Contractor and appropriate regulatory agencies when requested and as necessary for consultation or conferences in regard to the construction of the project. C. CGA will conduct bi-weekly construction progress meetings with City Staff and provide meeting minutes. 4.6 FINAL WALK-THROUGH A. The CGA Project Team will perform one (1) final site walk through with the Contractor and governmental agencies. B. CGA will prepare a punch list of the findings and comments issued at the final walk-through and conduct their follow-up services to ensure that contractor addresses all comments 4.7 FINAL CERTIFICATION A. CGA Staff will prepare all final certification documentation required to permitting agencies upon completion of construction of the project. B. Subsequent to completion of construction, CGA will schedule and attend two (2) on-site Final Inspection Conferences: the first will be with the City, and the second will be with FWC, the FDEP Field Representative and the Contractor, as required by any Special Permit Conditions outlined in the Final Order. If any project elements are not in compliance with the DEP permit and additional 45 coordination and/or meetings are required, these services will be provided under a separate scope. (REST OF THE PAGE INTENTIONALLY LEFT BLANK) 46 SCHEDULE B CONSULTANT COMPENSATION SCHEDULE OF PAYMENTS Total Professional Services $455,374.00 Task 1 - Planning Services * $168,624.00 Task 2 - Design Services* $160,416.00 Task 3 - Bidding and Award Services $ 11,580.00 Task 4 - Construction Administration ** $114,754.00 (Refer to attached schedule for additional breakdown by task) Reimbursable Allowance*** $22,768.00 0 (Estimated at 5% of the total professional fee) Historic Preservation Board / Design Review Board (if required) Not Included Contract Total $478,142.00 Note*: These services will be paid lump sum based on percentage complete of each phase as identified in the individual tasks. Note**: Construction Administration will be paid on a monthly basis upon commencement of construction. In the event that, through no fault of the Consultant, Construction Administration services are required to be extended, which extension shall be subject to prior City approval, and what shall be at the City's sole discretion, the Consultant agrees to extend said services for an amount to be determined once the need is accessed, per month, for the duration required to complete the Project. Note***: The Reimbursable Allowance belongs to the City and use of these amounts must be approved in writing,in advance, by the Project Coordinator. Unused portions will not be paid to the Consultant. 47 SCHEDULE C HOURLY BILLING RATE SCHEDULE 88 88868888 8sss888$SS 88888888888 8888888868 88sa888888 s SS 88 6St Si$yh�6mM: ; St5i15t: V114 SSi��S gagi88 SiSi$SiSt(myf$yV al RSiRSi5i22888 a F $g 1 NN • am; g N 5 I MM M N M a NN N N . 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N 8 8 88 8 88 88 8 88$ �. m <1 's "2 A 8 s _.4 1 iw w » w • » • 8 88 88 8 888 • • • ' ♦ C♦ • n O H 4 M w N N N w mg 8 8 8 88 88 888 • m m m m x mmq N w M N w w `t. 8 88 8 8S 83 888 O } a.4 li 74, . • • O .1 O e • N o ry Q » w » N w » i m w . 8 88 8 88 88 888 8 ' 'q m� 88,4 5 • • O. , w » w w M N A 88 88n8887,8 8888888888 888 8 8 8 8 S88 88888888888 888888888S 8888$88888 :888888988 I 2 NN 92H 8M 00^ N N N N O^N N Ra« 99R00021/NN BROOOHH13 N N N N N N N N N 7 a U E v c c 1 4 m Z N i t Illi 3 ill_ '2_ a E Q a v aa Z " n B J a N !II i @ s_ G � - 3 ' CB s 2x0 ii �W W 2 3ii71 2 3 1 iW iII !141 W i 53i4 O $o z M$ a 0 IIII ! ~ c E 1 Q2 r n 3 !III!IIi . _ .7t = ==ri i r- f 1; WIN N 88 M 260 ; oma W 11 J` AWNN A W-4:11 Wp1 V N ` .0; 49 I SCHEDULE D COSTRUCTION COST BUDGET The City's project budget, inclusive of design, testing, permitting, project management and other soft costs, is $12,000,000.00. 50 SCHEDULE E PROJECT SCHEDULE ID Task Task Name Duration Start Finish 0 Mode 1 # City Commission Contract Approval 0 days Mon 5/2/16 Mon 5/2/16 2 '. PART 1—PLANNING SERVICES 0 days Mon 5/2/16 Mon 5/2/16 3 IS Initial Services 0 days Mon 5/2/16 Mon 5/2/16 4 !. Project Kick-Off Meeting 1 day Mon 5/2/16 Mon 5/2/16 5 IS Site Reconnaissance 0 days Mon 5/2/16 Mon 5/2/16 6 I„ Site Survey 90 days Tue 5/3/16 Mon 9/5/16 7 1, Vegetation Mapping(limited to within 15 feet of existing boardwalk) 3 days Tue 9/6/16 Thu 9/8/16 8 Il li!, Final Base Map 2 days Fri 9/9/16 Mon 9/12/16 9 Ilit Encroachment Analysis 5 days Tue 9/13/16 Mon 9/19/16 10 at Final Findings Conference with Staff 2 days Tue 9/20/16 Wed 9/21/16 11 T, Project Announcement Memorandum 3 days Tue 5/3/16 Thu 5/5/16 12 IS Initial Conceptual Design and Cost Opinion 0 days Thu 5/5/16 Thu 5/5/16 13 T: Coastal Impact Analysis 5 days Fri 5/6/16 Thu 5/12/16 14 IS Initial Conceptual Design Meeting 2 days Fri 5/6/16 Mon 5/9/16 15 at Initial Conceptual Design 25 days Tue 5/10/16 Mon 6/13/16 16 I. Initial Cost Opinion 2 days Tue 6/14/16 Wed 6/15/16 17 I, Conceptual Design Development-Round 1 of 3 0 days Wed 6/15/16 Wed 6/15/16 18 !!, Initial Conceptual Design Review and Meeting with City Staff 22 days Thu 6/16/16 Fri 7/15/16 19 ¶. Conceptual Design Development Revisions 1-of-3 12 days Mon 7/18/16 Tue 8/2/16 20 Ilit Follow-up Meeting with City Staff 2 days Wed 8/3/16 Thu 8/4/16 21 I, FDEP Pre-application Telephone Conference(Intl.Prep Time) 20 days Fri 8/5/16 Thu 9/1/16 22 ¶, Conceptual Design Development-Round 2 of 3 0 days Thu 9/1/16 Thu 9/1/16 23 at Conceptual Design Development Revisions 2-of-3 10 days Fri 9/2/16 Thu 9/15/16 24 ga• Refined Conceptual Cost Opinion 3 days Fri 9/16/16 Tue 9/20/16 25 �, Staff-Approval of Refined Conceptual Design and Meeting 22 days Wed 9/21/16 Thu 10/20/16 26 lit FDEP Follow-up Pre-application Telephone Conference(Intl.Prep Time:5 days Fri 10/21/16 Thu 10/27/16 27 IS, Conceptual Design Development-Round 3 of 3 0 days Thu 10/27/16 Thu 10/27/16 28 IS Conceptual Design Development Revisions 3-of-3 5 days Fri 10/28/16 Thu 11/3/16 29 I, Final Conceptual Cost Opinion 1 day Fri 11/4/16 Fri 11/4/16 30 S Approval of Conceptual Design and Meeting 22 days Mon 11/7/16 Tue 12/6/16 31 IIS Executive Summary-Final Design Report 5 days Wed 12/7/16 Tue 12/13/16 32 S PART 2—DESIGN SERVICES 0 days Tue 12/13/16 Tue 12/13/16 33 . 30%Preliminary Construction Drawings 0 days Tue 12/13/16 Tue 12/13/16 34 Te 30%Final Construction Drawing Plans(Assuming 15'-25'width) 40 days Wed 12/7/16 Tue 1/31/17 35 'h, 30%Plans Review by City Departments 22 days Wed 2/1/17 Thu 3/2/17 36 at Updated Cost Opinions 2 days Fri 3/3/17 Mon 3/6/17 37 IS 30%Comments Review Meeting 2 days Tue 3/7/17 Wed 3/8/17 38 lit Refined 30%Plans Revisions 5 days Thu 3/9/17 Wed 3/15/17 39 l,, Submission of 30%Plans to FDEP and FDOT 60 days Thu 3/16/17 Wed 6/7/17 40 S 60%Final Construction Drawings 0 days Wed 6/7/17 Wed 6/7/17 41 60%Final Construction Drawing Plans 20 days Thu 6/8/17 Wed 7/5/17 42 614, 60%Plans Review by City Departments 30 days Thu 7/6/17 Wed 8/16/17 43 lit Updated Cost Opinion 3 days Thu 8/17/17 Mon 8/21/17 44 !i. Preliminary Technical Specifications 5 days Tue 8/22/17 Mon 8/28/17 51 1 45 41. 60%Comments Review Meeting 2 days Tue 8/29/17 Wed 8/30/17 46 at Refined 60%Plans Revisions 5 days Thu 8/31/17 Wed 9/6/17 47 lilt Submission of 60%Plans to FDEP and FDOT 60 days Thu 9/7/17 Wed 11/29/17 48 at Construction Evaluation Coordination Meeting 3 days Thu 11/30/17 Mon 12/4/17 49 °'S, Community Informational Meeting 10 days Tue 12/5/17 Mon 12/18/17 so int 90%Final Construction Drawings • 0 days Mon 12/18/17 Mon 12/18/17 Si 90%Final Construction Drawing Plans 20 days Tue 12/19/17 Mon 1/15/18 52 90%Plans Review by City Departments 30 days Tue 1/16/18 Mon 2/26/18 53 all, Revised Cost Opinion 3 days Tue 2/27/18 Thu 3/1/18 54 al, Revised Technical Specifications 5 days Fri 3/2/18 Thu 3/8/18 55 lat 90%Comments Review Meeting 2 days Fri 3/9/18 Mon 3/12/18 56 at Refined 60%Plans Revisions 5 days Tue 3/13/18 Mon 3/19/18 57 °1t, Submission of 60%Plans to FDEP and FDOT 60 days Tue 3/20/18 Mon 6/11/18 S8 it 100%Final Constructlon Drawing Plans 0 days Mon 6/11/18 Mon 6/11/18 59 'n. Final 100%Construction Drawings 10 days Tue 6/12/18 Mon 6/25/18 60 at Final Cost Opinion 2 days Tue 6/26/18 Wed 6/27/18 61 a,, Final Technical Speaficatnons 2 days Thu 6/28/18 Fri 6/29/18 62 " PART 3-BIDDING AND AWARD SERVICES 0 days Fri 6/29/18 Fri 6/29/18 63 B, Project Bidding 0 days Mon 6/25/18 Mon 6/25/18 64 al, Bid Form 2 days Tue 6/26/18 Wed 6/27/18 65 B Bid Package Review 3 days Tue 6/26/18 Thu 6/28/18 66 Pre-Bid Meeting 1 day Mon 7/2/18 Mon 7/2/18 67 Advertisement 30 days Tue 7/3/18 Mon 8/13/18 68 at Bid Opening Meeting 1 day Tue 8/14/18 Tue 8/14/18 69 ' Bid Review 7 days Wed 8/15/18 Thu 8/23/18 70 1,. Contract Award 0 days Thu 8/23/18 Thu 8/23/18 71 al, Recommendation of Award 2 days Fri 8/24/18 Mon 8/27/18 72 al, Contract Execution 15 days Tue 8/28/18 Mon 9/17/18 73 at Final Public Notification 3 days Tue 9/18/18 Thu 9/20/18 74k, PART 4-CONSTRUCTION ADMINISTRATION SERVICES 0 days Thu 9/20/18 Thu 9/20/18 75 "? Pre-Construction Conference 2 days Fri 9/21/18 Mon 9/24/18 76 ", Construction Phasing Plan Review 5 days Tue 9/25/18 Mon 10/1/18 77 Construction Site Inspections 0 days Mon 10/1/18 Mon 10/1/18 78 al, On-Site Inspections 160 days Tue 10/2/18 Mon 5/13/19 79 '1, Professional Landscape Architect Site Observations 0 days Mon 5/13/19 Mon 5/13/19 8o ES Professional Engineer Site Observations 0 days Mon 5/13/19 Mon 5/13/19 81 B, Review of Drawings,As-Budts and Construction-Related Documents 0 days Mon 5/13/19 Mon 5/13/19 82 Process Pay Requests 0 days Mon 5/13/19 Mon 5/13/19 83 B, Final Reviews of As-Built And Record Drawings 0 days Mon 5/13/19 Mon 5/13/19 84 at Interpretations and Clanfications:Process Change Orders 0 days Mon 5/13/19 Mon 5/13/19 85 IS Shop Drawings 0 days Mon 5/13/19 Mon 5/13/19 86 et Contractor-Issued Closeout Packages 0 days Mon 5/13/19 Mon 5/13/19 87 B. Project Team Meetings 0 days Mon 5/13/19 Mon 5/13/19 88 11,1I Local Meetings 0 days Mon 5/13/19 Mon 5/13/19 89 1, Meetings with the Contractor 0 days Mon 5/13/19 Mon 5/13/19 90 Final Walk-Through 0 days Mon 5/13/19 Mon 5/13/19 91 Final Site Walk Through 2 days Tue 5/14/19 Wed 5/15/19 92 !, Final Certification Documentation 5 days Thu 5/16/19 Wed 5/22/19 93 at Final Inspection Conferences 5 days Thu 5/23/19 Wed 5/29/19 52 SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 53 SCHEDULE G INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS. The provider shall furnish to Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. . C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. A waiver of subrogation in favor of the City must be included for the policies required above. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B+" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. Or The company must hold a valid Florida Certificate of Authority as shown in the latest"List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. 54 SCHEDULE H BEST VALUE AMENDMENT The Consultant agrees to abide by all the required documentation of the City's Performance Information Procurement System and submit the weekly reports. 55