A/E Consultant Firm Agreement
,!I"
'C ':
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
AlE CONSULTANT FIRM
FOR
PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING
(LA)
SERVICES
FOR THE
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD 2 - NORTH SHORE AND PARK VIEW ISLAND
OCTOBER 2001
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October 29, 2001
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
1.1 City
1.2 City Commission
1.3 City Manager
1,4 Proposal Documents
1.5 Consultant
1.6 City's Project Coordinator
1.7 Program Manager
1.8 Basic Services
1.9 The Project
1.9.1 The Project Cost
1.9.2 The Project Scope
1.10 Construction Cost
1.10.1 Construction Cost Budget
1.10.2 Statement of Probable Construction Cost
1.11 Force Majeure
1.12 Contractor
1.13 Contract Documents
1.14 Contract for Construction
1.15 Construction Documents
1.16 Change Order
1.17 Additional Services
1.18 Work
1.19 Services
1.20 Base Bid
1.21 Schedules
1.22 Scope of Services
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ARTICLE 2.
2.5
2.6
2.7
2.8
2.9
2.9
2.11
BASIC SERVICES
Planning Services
Design Services
Bidding and Award Services
Construction Phase Services
Additional Services
Responsibility for Claims and Liabilities
Time
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ARTICLE 3. THE CITY'S RESPONSIBILITIES
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ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
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ARTICLE 5. ADDITIONAL SERVICES
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ARTICLE 6. REIMBURSABLE EXPENSES
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ARTICLE 7. COMPENSATION FOR SERVICES
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ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
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ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
23
ARTICLE 10, TERMINATION OF AGREEMENT
10,1 Default and Right to Terminate
10.2 Termination for Cause
10.3 Termination for Convenience
10.4 Termination by Consultant
10.5 Implementation of Termination
10.6 Non-Solicitation
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ARTICLE 11. INSURANCE
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ARTICLE 12. INDEMNIFICATION
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ARTICLE 13. VENUE
28
ARTICLE 14. LIMITATION OF LIABILITY
28
ARTICLE 15. MISCELLANEOUS PROVISIONS
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ARTICLE 16. NOTICE
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SCHEDULES
SCHEDULE "A" - SCOPE OF SERVICES
SCHEDULE "B" - CONSULTANT COMPENSATION
SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE
SCHEDULE "D" - PROJECT SCHEDULE
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
THE CORRADINO GROUP, INC
FOR PROFESIONAL
LANDSCAPE ARCHITECTURAL AND ENGINEERING (LAIE) SERVICES
This Agreement made and entered into this 11 ~ay of 0 C- 70 (J,t5f7....: 2001, by and between
the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of
Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida, 33139, and The Corradino Group, Inc. 4055 Northwest 97th
Avenue, Miami, Florida 33178 (hereinafter referred to as Consultant).
WITNE S SETH:
WHEREAS, the City intends to undertake a project within the City of Miami Beach,
which is more particularly described in Schedule "A", attached hereto (the Project), and wishes
to engage the Consultant to provide landscape architectural and/or engineering services for the
Project at the agreed fees as set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of
landscape architectural, and/or engineering and related professional services relative to the
Project, as hereinafter set forth, including: planning, design, bidding and construction
administration services, all as hereinafter stipulated.
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreements herein contained, agree as follows:
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ARTICLE 1. DEFINITIONS
1.1 CITY The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida, 33139.
1.2 CITY COMMISSION "City Commission" shall mean the govennng and
legislative body of the City.
1.3 CITY MANAGER The "City Manager" shall mean the chief administrative
officer of the City. The City Manager shall be construed to include any duly authorized
designees, including a Project Coordinator, and shall serve as the City's representative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant.
1.4 PROPOSAL DOCUMENTS "Proposal Documents" shall mean the REQUEST
FOR QUALIFICATIONS FOR (RFQ 10-00/01) TO PROVIDE PROFESSIONAL
SERVICES FOR THE NORTH SHORE AND PARK. VIEW ISLAND
NEIGHBORHOOD STREETS CAPE AND UTILITY IMPROVEMENT PROJECT
issued by the City in contemplation of this Agreement, together with all amendments
thereto, if any, and the Consultant's proposal in response thereto (proposal), which is
incorporated by reference in this Agreement and made a part hereof; provided, however,
that in the event of an express conflict between the Proposal Documents and this
Agreement, this Agreement shall prevail.
1,5 CONSULTANT The "Consultant" is herein defined as The Corradino
Group, Inc., a Florida corporation having its principal offices at 4055 ,Northwest 97th
Avenue, Miami, Florida, 33178, When the term "Consultant" is used in this Agreement it
shall be deemed to include any sub-consultants and any other person or entity acting
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under the direction or control of Consultant. Any subconsultants retained by Consultant
pursuant to this Agreement and the Project shall be subject to prior written approval of
the City. The following subconsultants were included in the Consultant's Proposal and
are hereby approved for the Project:
· Savino & Miller Design Studio
· Alan Shulman Architect
· Dover Kohl and Partners
· Marguerite Ramos
· Dan Burden
1.6 CITY'S PROJECT COORDINATOR The "City's Project Coordinator"
shall mean the individual appointed by the City Manager who shall be the City's
authorized representative to coordinate, direct, and review on behalf of the City, all
matters related to the Project, except as otherwise provided herein.
1.7 PROGRAM MANAGER The City has contracted the services of Hazen and
Sawyer P.C. to act as Program Manager for the City's Right of Way Infrastructure
Improvements Program (Program), of which this Project is a part of. Hazen and Sawyer
will function as a representative of the City in performance of its Program Management
role, as detailed in Schedule "A" entitled "Scope of Services", attached hereto,
1.8 BASIC SERVICES "Basic Services" shall include the landscape architectural
and/or engineering services, as required, for the planning, design, bidding/award, and
construction administration for the Project, as described in Article 2 herein and in
Schedule "A" entitled "Scope of Services", attached hereto.
1.9 PROJECT The "Project" shall mean that City Capital Project that has been
approved by the City Commission and as described in Schedule "A" attached hereto.
1.9.1 PROJECT COST The "Project Cost", as established by the City, shall
mean the total cost of the Project to the City including: Construction Cost,
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professional compensation, land cost, if any, financing cost, materials testing
services, surveys, contingencies and other miscellaneous costs.
1.9.2 PROJECT SCOPE The "Project Scope" shall mean the description of
the Project contained in Schedule A attached hereto.
1.10 CONSTRUCTION COST The "Construction Cost" for the Project shall mean
the sum which is the total cost or estimated cost to the City of all elements of the Project
designed or specified by the Consultant and approved by the City, including, at current
market rates (with a reasonable allowance for overhead and profit), the cost of labor and
materials and any equipment which has been designed, specified, selected or specifically
provided for by the Consultant and approved by the City, and including a contingency
allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction
cost for new construction, or twenty percent (20%) of construction cost for rehabilitation
of historic buildings, and not including the compensation of the Consultant and any
subconsultants, the cost of land, rights-of-way, surveys, testing, or other reimbursable
expenses. 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 responsible bidder
or proposer for any and all of such Work.
1.10,1 CONSTRUCTION COST BUDGET The "Construction Cost
Budget" shall mean an amount budgeted by the City for Construction Cost, as
specified in the Project Scope in Schedule "A" attached hereto.
1.1 0.2 STATEMENT OF PROBABLE CONSTRUCTION COST The
"Statement of Probable Construction Cost" shall mean a forecast of Construction
Cost prepared by the Consultant, as defined in attached Schedule "A" entitled
"Scope of Services", for the guidance of the City. For Work which bids or
proposals have not been let, the Construction Cost shall be the same as the latest
Statement of Probable Construction Cost. The City shall have the right to verify
the Statement of Probable Construction Cost or detailed cost estimate by the
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Consultant.
1.11 FORCE MAJEURE "Force Majeure" shall mean any delay occasioned by
superior or irresistible force occasioned by violence in nature without the interference of
human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar
unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or
regulations, enacted after the date of this Agreement and having a substantial impact on
the Project; other causes beyond the parties' control; or by any other such causes which
the Consultant and the City decide in writing justify the delay; provided, however, that
market conditions, labor conditions, construction industry price trends and similar matters
which normally impact on the bidding process shall not be considered a Force Majeure.
1.12 CONTRACTOR I CONTRACTORS "Contractor" or "Contractors" shall mean
those persons or entities responsible for performing the Work or providing the materials,
supplies and equipment identified in the bid and Construction Documents for the Project.
1.13 CONTRACT DOCUMENTS
"Contract Documents" shall mean this
Agreement; the Agreement between City and Contractor; Conditions of the Contract
(General Supplementary and other Conditions); Construction Documents; and addenda
issued prior to execution of the Contract for Construction. A Modification is one of the
following: (1) written amendment to the Contract for Construction signed by both parties;
(2) an approved Change Order; (3) a Construction Change Directive; or (4) a written
order for a minor change in the Work issued by the Consultant.
1.14 CONTRACT FOR CONSTRUCTION "Contract for Construction" shall mean
a legally binding agreement with Contractors.
1.15 CONSTRUCTION DOCUMENTS "Construction Documents" shall mean the
final plans, specifications, drawings, documents and diagrams submitted by the
Consultant pursuant to Article 2.7 and approved by the City,
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1.16 CONTRACT AMENDMENT "Contract Amendment" shall mean the written
order to the Contractor approved by the City, as specified in this Agreement, and signed
by the City's duly authorized representative, authorizing a change in the Project or the
method and manner of performance thereof, or an adjustment in the fees and/or
completion dates, as applicable. Contract Amendments shall be approved by the City
Commission, if they exceed twenty-five thousand dollars ($25,000.00), or the City
Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or
other such amount as may be specified by the City of Miami Beach Procurement
Ordinance, as amended), Even for Contract Amendments for less than twenty-five
thousand ($25,000.00), the City Manager shall retain the right to seek and obtain
concurrence of the City Commission for the approval of any such Contract Amendment.
1.17 ADDITIONAL SERVICES "Additional Services" shall mean those services
described in Article 5 herein, which have been duly authorized in writing by the City
Manager prior to commencement of same.
1.18 WORK "Work" shall mean the work to be performed on the Project by the
Contractor, pursuant to the applicable Construction Documents, whether completed or
partially completed, and includes labor and materials, equipment, and services provided,
or to be provided, by the Contractor to fulfill its obligations.
1.19 SERVICES "Services" shall mean the services to be performed on the Project by
the Consultant pursuant to this Agreement, whether completed or partially completed,
and includes other labor and materials, equipment and services provided, or to be
provided, by Consultant to fulfill its obligations herein.
1.20 BASE BID "Base Bid" shall mean the elements contained in the Construction
Documents recommended by the Consultant and approved by the City as being within the
Construction Cost Budget pursuant to the Statement of Probable Construction Cost
provided by Consultant. "Base Bid" shall not include "Additive Alternates" or
"Deductive Alternates".
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1.21 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: The schedule of compensation to the Consultant
for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional
Services, as submitted by the Consultant and approved by the City.
Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates
to the Consultant as submitted by the Consultant and approved by the City.
Schedule D - Project Schedule.
1.22 SCOPE OF SERVICES "Scope of Services" shall mean the Project Scope as
described in Schedule "A", together with the Basic Services and any Additional Services
approved by the City, as described in Article 2 and 5, respectively herein.
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project as set forth hereafter.
The Services for this Project will be performed by the Consultant upon receipt of a
written Notice to Proceed issued by the City Manager, or his designee Consultant shall
countersign the Notice to Proceed. Note that a separate Notice to Proceed is required for
commencement of each Phase, as discussed in attached Schedule "A" entitled "Scope of
Services".
2.2 The Consultant's Basic Services shall consist of five Phases (inclusive of
planning, design, bidding/award, construction administration and additional services) as
described in attached Schedule A "Scope of Services".
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2.3 The Consultant shall coordinate with subconsultants and other consultants, and
conform to all applicable building codes and regulations. Consultant, as it relates to its
Services, represents and acknowledges to the City that it is knowledgeable of codes, rules
and regulations applicable in the jurisdictions in which the Project is located, including
without limitation, local ordinances and codes (City of Miami Beach and Miami-Dade
County), Florida Statutes , Administrative rules and regulations (including without
limitation grant and regulations of the Florida Department of Transportation (FDOn,
and Federal laws, rules and regulations. The Consultant agrees to comply with all such
laws, codes, rules, and regulations now in effect, and as may be amended or adopted at
any time during the term ofthis Agreement, and shall further take into account all known
pending changes to the foregoing, of which it should reasonably be aware. The
Consultant shall insert the provisions of all required codes into the Contract Documents.
2.4 The Consultant expressly agrees that all of its duties, services and responsibilities
under this Agreement shall be performed in accordance with the standard of care
normally exercised in the design of projects of this nature in South Florida. In addition,
Consultant represents that it is experienced and fully qualified to perform the Services
contemplated by this Agreement, and that it is properly licensed pursuant to the
applicable laws, rules and regulations to perform such Services, Consultant warrants that
it shall be responsible for the technical accuracy ofit Contract Documents.
2.5 PLANNING SERVICES:
Consultant shall perform Planning Services as noted in attached Schedule "A" entitled
"Scope of Services".
2.6 DESIGN SERVICES:
Based on the approved Planning documents developed under Article 2,5, Consultant shall
prepare Design Documents, as noted in attached Schedule "A" entitled "Scope of
Services".
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2.7 BIDDING AND AWARD SERVICES
Consultant shall provide bidding and award services as noted in attached Schedule "A"
entitled "Scope of Services".
2.8 CONSTRUCTION PHASE SERVICES:
Consultant shall furnish construction phase services as noted in attached Schedule "A"
entitled "Scope of Services".
2.9 ADDITIONAL SERVICES
Consultant shall provide Additional Services as noted in attached Schedule "A" entitled
"Scope of Services".
2.10 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City
shall not constitute nor be deemed a release of the responsibility and liability of the
Consultant, its employees, subcontractors, agents and consultants for the accuracy and
competency of their designs, working drawings, specifications or other documents and
services; nor shall such approval be deemed to be an assumption of such responsibility by
the City for a defect, error or omission in designs, working drawings, specifications or
other documents prepared by the Consultant, its employees, subcontractors, agents and
consultants. However, the Consultant shall be entitled to reasonably rely upon the
accuracy and validity of written decisions and approvals furnished by the City and its
employees.
2,11 TIME It is understood that time is of the essence in the completion of this
Project, and in this respect the parties agree as follows:
2.12 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.
2.13 The parties agree that the Consultant's Services during all phases of this Project
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will be performed in a manner that shall conform with the approved Project Schedule,
which is attached to this Agreement as Schedule "0". The Consultant may submit
requests for an adjustment to the Project Schedule, made necessary by undue time taken
by the City to approve the Consultant's submissions, and/or excessive time taken by the
City to approve the Services or parts of the Services. The City shall not unreasonably
refuse to approve such adjustment(s) to the Project Schedule if the request is made in a
timely manner and is fully justified.
2,14 In providing the Services described in this Agreement, the Consultant shall use its
best efforts to maintain, on behalf of the City, a constructive, professional, cooperative
working relationship with the Program Manager, Contractor(s), and others that have been
contracted to perform Services and / or Work pertaining to the Program. While the
Services to be provided by Consultant under this Agreement will be provided under the
general direction of the City's Program Coordinator and Program Manager, it is the intent
of this Agreement to allow the Consultant to coordinate the performance of all design and
construction work to the extent such coordination by the Consultant is permitted by the
contracts for the design and construction work
2.15 It is further the intent of this Agreement that the Consultant shall perform its
duties under this Agreement in a competent, timely and professional manner and that it
shall be responsible to the City for any failure in its performance except to the extent that
acts or omissions by the City or others make such performance impossible.
2.16 Whenever during the term of this Agreement, others are required to verifY,
review, or consider any work performed by Consultant, including but not limited to the
design professionals, Contractors, and other consultants retained by the City, the intent of
such requirement is to enable the Consultant to receive input from others' professional
expertise to identifY any discrepancies, errors or omissions that are inconsistent with
industry standards for design or construction of comparable public projects; or which are
inconsistent with applicable laws, codes, ordinances, and regulations; or which are
inconsistent with standards or decisions provided in writing by the City's Program
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Coordinator. Consultant will use reasonable care and skill in accordance with and
consistent with customary professional standards in responding to items identified as
discrepancies, errors and omissions by others. Consultant shall receive comments from
reviewers via a set of marked-up drawings and specifications. Consultant shall address
comments forwarded to it in a timely manner. The term "timely" shall be construed to
mean as soon as possible under the circumstances, taking into account the requirements
of the Project Schedule,
2.17 The City shall have the right at any time, and in its sole and absolute discretion, to
submit for review to consulting en~neers or consulting architects or other consultants,
engaged by the City at its own exp'ense for that purpose, any or all parts' of the work
performed by the Consultant, and the Consultant shall cooperate fully in such review at
the City's request.
2.18 Consultant agrees to certify and warrant all estimates of Construction Cost
prepared by Consultant. Said certifications shall be in a form approved by the City.
2.19 Consultant represents to City that all evaluations of the City's Project budget,
Consultant generated Statement of Probable Construction Cost, and detailed estimates
represent Consultant's best judgement as a design professional familiar with the
construction industry. Consultant cannot and does not guarantee that bids or negotiated
prices will not vary from any estimate of Construction Cost or evaluation prepared or
agreed to by Consultant.
2.20 Consultant agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certification of
authorization, or other form of legal entitlement to practice such services, it shall employ
and/or retain only qualified personnel to provide such services,
2.21 Consultant agrees to employ and designate in writing, within five (5) calendar
days after receiving its initial Notice to Proceed, a qualified licensed professional to serve
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as the Consultant's project manager (herein after referred to as ''Project Manager''). The
Project Manager shall be authorized and responsible to act on behalf of Consultant with
respect to directing, coordinating and administrating all aspects of Services to be
provided and performed under this Agreement. The person selected by Consultant to
serve as Project Manager shall be subject to approval and acceptance by City.
Replacement (including reassignment) of said Project Manager shaH not be made without
the prior written approval of the City. Consultant further agrees to obtain a binding
agreement with its Project Manager providing a minimum of six (6) months notice before
assuming a different position, said notice waivable by the City at its discretion.
2.22 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
to do such from City, to promptly remove and replace Project Manager, or any other
personnel employed or retained by Consultant, or any subconsultant or subcontractors
engaged by Consultant, which request may be made by City with or without stating its
cause.
2.23 Consultant herein represents to City that it has expertise in the type of
professional services that wiIl be performed and pursuant to this Agreement. Consultant
agrees that all Services to be provided by Consultant pursuant to this Agreement shall be
subject to City's review and approval and shaH be in accordance with the generally
accepted standards of professional practice in the State of Florida, as well as in
accordance with all published laws, statutes, ordinances, codes, rules, regulations and
requirements of any governmental agencies having jurisdiction over the Project or the
Services to be performed by Consultant hereunder. In the event of any conflicts in these
requirements, Consultant shall notify City of such conflict and utilize its best professional
judgement to advise City regarding resolution of each such conflict.
2.24 Consultant agrees not to divulge, furnish or make available to any third person,
firm or organization, with City's prior written consent, or unless incident to the proper
performance of Consultant's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-
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public information concerning Services to be rendered by Consultant hereunder, and
Consultant shall require its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph,
2,25 The City and Consultant acknowledge that the Scope of Services does not
delineate every detail and minor work task required to be performed by Consultant to
complete the Project. If, during the course of the performance of the Services
contemplated in this Agreement, Consultant determines that work should be performed to
complete the Project which is, in the Consultant's opinion, outside the level of effort
originally anticipated, whether or not the Scope of Services identifies the work items,
Consultant shall notify the City's Project Coordinator, in writing, in a timely manner,
and obtain said Project Coordinator's written consent, before proceeding with the work.
The City's Project Coordinator must comply with Contract Amendment processing
requirements as outlined in Article 1.16, prior to issuance of any written authorization to
proceed with additional Services to Consultant. If Consultant proceeds with additional
Services without notifying and obtaining the consent of the City's Project Coordinator,
said work shall be deemed to be within the original level of effort, and deemed included
as a Basic Service herein, whether or not specifically addressed in the Scope of Services.
Notice to the City's Project Coordinator does not constitute authorization or approval by
the City to perform the work. Performance of work by Consultant outside the originally
anticipated level of effort without the prior written consent of the City shall be at
Consultant's sole risk.
2.26 Consultant shall establish and maintain files of documents, letters, reports, plans,
etc. pertinent to the Project. Consultant shall provide City with a copy of applicable
Project correspondence for City to file in its filing system. In addition, Consultant shall
provide electronic Project documents files to the City, at the completion of the Project.
2.27 It is further the intent of this Agreement that the Consultant shall perform its
duties under this Agreement in a competent, timely and professional manner and that it
shall be responsible to the City for any failure in its performance except to the extent that
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acts or omissions by the City or others make such performance impossible.
2.28 In the event Consultant is unable to timely complete the Project because of delays
resulting from untimely review by City or other governmental authorities having
jurisdiction over the Project or such delays which are caused by factors outside the
control of Consultant, Consultant shall provide City with immediate written notice stating
the reason for such delay and a revised anticipated schedule of completion. City, upon
review of Consultant's submittal and such other documentation as the City may require,
may grant a reasonable extension of time for completion of the Project and may provide
reasonable compensation, if appropriate.
2.29 The Consultant covenants with the City to furnish its Services hereunder properly,
in accordance with the standards of its profession and in conformance with all
construction, building and health codes and other applicable Federal, State and local
rules, regulations and laws, of which it should reasonably be aware, throughout the term
of this Agreement. The City's participation in the design and construction of any Project
in no way relieves the Consultant of its professional duties and responsibilities under
applicable law and under the Contract Documents
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3,1 The City shall designate in writing a Project Coordinator to act as the City's
representative with respect to services to be rendered under this Agreement (herein after
referred to as Project Coordinator). The Project Coordinator shall have authority to
transmit instructions, receive information, interpret and define City policies and decisions
with respect to Consultant's Services on this Project. However, the Project Coordinator is
not authorized to issue any verbal or written orders or instructions to Consultant that
would have the effect, or be interpreted to have the effect, of modifying or changing in
any way whatsoever, unless approved by the City Manager and/or City Commission in
compliance with Article 1.16 requirements, including but not limited to the following:
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a) The Scope of Services to be provided and performed by Consultant hereunder;
b) The time the Consultant is obligated to commence and complete all such
Services; or
c) The amount of compensation the City is obligated or committed to pay
Consultant.
3.2 The City shall assist Consultant by placing at Consultant's disposal all
information City has available pertinent to the Project, including previous reports and any
other data relative to design or construction of the Project. It shall be fully understood
that City, in making such reports, site information, and documents available to the
Consultant is in no way certifying representing andlor warranting as to the accuracy or
completeness of such data, including any information provided in the City's Request for
Qualifications and backup documentation thereto. Any conclusions or assumptions
drawn through examination thereof shall be the sole responsibility of the Consultant and
subject to whatever measure it deems necessary to final verification essential to its
performance under this Agreement. Additional work required due to inaccurate,
incomplete or incorrect information supplied by the City may be undertaken by the
Consultant as an Additional Service to this Agreement. Consultant shall notify the City's
Program Coordinator, in writing, in a timely manner and obtain said Program
Coordinator's written consent, before proceeding with the work, If Consultant proceeds
with the additional services without notifying and obtaining the consent of the City's
Program Coordinator, said work shall be deemed to be within the original level of effort
and deemed included as a Basic Service herein.
3.3 The City has established a Construction Cost Budget for the Project, as stated in
Schedule A.
3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance
counseling services as may be required at any time for the Project, including such
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auditing services as the City may require to verify the Consultant's applications for
payment or to ascertain that Consultant has properly remitted payment due to
subconsultants or vendors working on this project for which Consultant has received
payment from the City.
3.5 If the City observes or otherwise becomes aware of any fault or defect in the
Project or non-conformance with the Contract Documents, the City shall give prompt
written notice thereof to the Consultant.
3.6 The City shall furnish required information and services and render approvals and
decisions in writing as expeditiously as necessary for the orderly progress of the
Consultant's Services and of the Work. No approvals required by the City during the
various phases of the Project shall be unreasonably delayed or withheld; provided that the
City shall at all times have the right to approve or reject any proposed submissions of
Consultant for any reasonable basis.
3.7 The City Commission shall be the final authority to do or to approve the
following actions or conduct by passage of an enabling resolution or amendment to this
Agreement.
3.7.1 The City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement, except when noted
otherwise (i,e., where delegated to the City Manager or his designee) in this
Agreement.
3.7.2 The City Commission shall be the body to consider, co~ent upon, or
approve any assignment, sale, transfer or subletting of this Agreement or any
interest therein and any subcontracts made pursuant to this Agreement.
Assignment and transfer shall be defined to include sale of the majority of the
stock of a corporate Consultant.
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Neighborhood 2 - North Shore
October 29, 2001
3.7.3 All required City Commission approvals and authorizations shall be
expressed by passage of an appropriate enabling resolution and, if an amendment,
by the execution of an appropriate amendment to this Agreement.
3.7.4 The City Commission shall hear appeals from the administrative decision
of the City Manager's appointed designee(s), upon the Consultant's written
request, in which case the Commission's decision shall be final.
3.7.5 The City Commission shall approve or consider all Contract Amendments
that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such
amount as may be specified by the City of Miami Beach Procurement Ordinance,
as amended).
3.8 The City Manager or his designee(s) shall serve as the City's representative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant. These authorizations shall include, without limitation: reviewing, approving,
or otherwise commenting upon the schedules, plans, reports, estimates, contracts and
other documents submitted to the City by the Consultant.
3.8.1 The City Manager shall decide, in his professional discretion, matters
arising pursuant to this Agreement which are not otherwise expressly provided for
in this Agreement, and shall attempt to render administrative decisions promptly
to avoid unreasonable delay in the progress of the Consultant's services. The City
Manager, in his administrative discretion, may consult with the City Commission
concerning disputes or matters arising under this Agreement regardless of whether
such matters or disputes are enumerated herein,
3.8.2 The City Manager shall be authorized, but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the
Consultant, provided, however, that the Consultant's compensation or other
17
Neighborhood 2 - North Shore
October 29, 2001
budgets established by this Agreement cannot be increased.
3.8.3 The City Manager, or his designee, shaH be the sole representative of the
City authorized to issue a Notice to Proceed, as referenced in attached Schedule
"A" entitled "Scope of Services".
3,8.4 The City Manager may approve Contract Amendments which do not
exceed the sum of twenty five thousand doHars ($25,000.00) (or other such
amount as may be specified by the City of Miami Beach Purchasing Ordinance, as
amended) and which do not increase any ofthe budgets established herein.
3.8.5 The City Manager may, in his sole discretion, form a committee or
committees, or inquire of or consult with persons for the purpose of receiving
advice and recommendations relating to the exercise of his powers, duties and
responsibilities under this Agreement.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The Construction Cost Budget, as established by the City and stated in Schedule
"A", shaH not be exceeded without fully justifiable, extraordinary and unforeseen
circumstances, such as Force Majeure, which is beyond the control of the parties. Any
expenditure above this amount shall be subject to prior City approval by passage of an
enabling resolution and amendments to the appropriate agreements relative to the Project,
prior to any modification of the Construction Cost. Provided further, however, that even
in the event of a Force Majeure, as defined in Article 1.10, the City shall have no
obligation to exceed the Construction Cost Budget limitations established herein, and, if
such budget is exceeded, the City may, at its sole option and discretion, terminate this
Agreement without any further liability to the City.
4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more
than five percent (5%), the City Commission shall, at its sole discretion, have any of the
18
Neighborhood 2 - North Shore
October 29, 2001
following options: (1) give written approval of an increase in the Construction Cost
Budget; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize
a renegotiation of the Project within a reasonable time; (3) abandon the Project and
terminate the Consultant's Services for the Project covered by this Agreement. without
further liability to the City; (4) select as many Deductive Alternatives as may be
necessary to bring the award within the Construction Cost Budget; or (5) cooperate with
the Consultant in reducing the Project scope, construction schedule, and sequence of
Work, as may be required to reduce the Construction Cost Budget. In the event the City
elects to reduce the Project Scope, the Consultant shall provide such revisions to the
Construction Documents, and provide rebidding services, as many times as reasonably
requested by the City, as a Basic Service, with no additional cost to the City, in order to
bring the bids within five percent (5%) ofthe Construction Cost Budget.
ARTICLE S. ADDITIONAL SERVICES
5.1 Additional Services for this Project will only be performed by the Consultant
following receipt of a written authorization by the City Manager prior to commencement
of same. Such authorization shall contain a description of the Services required; an
hourly fee, as provided in Schedule "C" with an "Not to Exceed" amount on additional
Reimbursable Expenses (if any); the amended Construction Cost Budget (if applicable);
and an amended completion date for the Project (if any), ''Not to Exceed" shall mean the
maximum cumulative hourly fees allowable, which the Consultant shall not exceed
without specific written authorization from the City. The "Not to Exceed" amount is not a
guaranteed maximum cost for the services requested by the City and all costs applied to
such shall be verifiable through time sheet and reimbursable expense reviews.
5.2 The term "Additional Services" includes services involving the Consultant or any
subconsultants whether previously retained for the Services or not, or whether
participating as members with Consultant or not, subject to the City's right to previously
approve any change in the Consultants as set forth in this Agreement.
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Neighborhood 2 - North Shore
October 29, 2001
5.3 Additional Services may consist of the following:
5,3.1 Serving as an expert witness in connection with any public hearing,
arbitration proceeding or legal proceeding unless such preparation has arisen from
the failure of the Consultant to meet the Standard of Care set forth in Article 2.
5.3,2 Preparing documents for Change Orders, or supplemental Work, initiated
at the City's request and outside the scope of the Work specified in the
Construction Documents, after commencement of the Construction Phase.
5.3.3 Providing such other professional servIces to the City relative to the
Project which arise from subsequent circumstances and causes (excluding
circumstances and causes resulting from error, inadvertence or omission of
the Consultant) which do not currently exist or which are not
contemplated by the parties at the time of execution of this Agreement.
5.3.4 Assistance in connection with bid protests, rebidding or renegotiating
contracts for construction, materials, equipment or services, except as
otherwise expressly provided for herein.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are in addition to the compensation for Basic and
Additional Services and include actual expenditures made by the Consultant and the
Consultant's employees and consultants in the interest of the Project. All Reimbursable
Expenses pursuant to this Article, in excess of $500, must be authorized in advance by
the City's Program Manager, Invoices or vouchers for Reimbursable Expenses shall be
submitted by the Consultant to the City, along with supporting receipts, and other back-
up material reasonably requested by the City, and Consultant shall certify as to each such
invoice that the amounts and items claimed as reimbursable are "true and correct and in
accordance with the Agreement".
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Neighborhood 2 - North Shore
October 29, 2001
6,2 Expenses subject to reimbursement in accordance with the above procedures may
include the following:
6.2.1 The cost of testing or investigation of underground utilities, if authorized
by the City's Project Coordinator.
6.2,2 Expense of reproduction, postage and handling of drawings, specifications
and other documents, excluding reproductions for the office use of the Consultant
and sub-consultants, Courier and postage between the Consultant and its sub-
consultants are not reimbursable.
6.2.3 Expenses for reproduction and the preparation of graphics for community
workshops
6.2.4 Fees for all necessary permits shall be paid directly by City.
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee
listed in Schedule "B" for Basic Services, based on the "Hourly Rate Schedule" presented
in Schedule "C". Payments for Basic Services shall be made within thirty (30) calendar
days of receipt and approval of an acceptable invoice by the City's Project Coordinator.
Note that payments shall be made in proportion to the Services performed in each Phase
so that the payments for Basic Services for each Phase shall not exceed the progress
percentage noted in the Consultant's Progress Schedule, submitted with each invoice. No
markup shall be allowed on subcontracted Basic Services.
7,2 Additional Services authorized in accord with Article 5 will be compensated
using the hourly rates forth in Schedule "C". Request for payment of Additional Services
shall be included with the monthly Basic Services payment request noted in Article 7.1
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Neighborhood 2 - North Shore
October 29, 2001
above. All Additional Services must be approved by the City's Project Coordinator prior
to commencement of same as noted in Article 5. Under no circumstances shall the ''Not
to Exceed" amount noted in Schedule "B" be exceeded without prior written approval
from the City's Project Coordinator, No markup shall be allowed on subcontracted
Additional Services.
7.3 Reimbursable Expenses, as defined in Article 6, shall be paid up to the ''Not to
Exceed" amount noted in Schedule "B". Request for payment ofReimbursables shall be
included with the monthly Basic Services payment request noted in Article 7. Proper
backup must be submitted with all reimbursable requests. No markup or administrative
charges shall be allowed on Reimbursable Expenses,
7.4 The City and the Consultant agree in accordance with the terms and conditions of
this Agreement that:
7.4.1 If the scope of the Project or the Consultant's Services is changed
substantially and materially, the amount of compensation may be equitably
adjusted by mutual agreement of the parties.
7.4.2 Commencing on October 1, 2002, the Hourly Billing Rate Schedule
shown in Exhibit "C" may be adjusted annually based upon the Miami - Fort
Lauderdale Consumer Price Index issued by the U.S. Department of Labor,
Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying
the ratio of the April index divided by the previous year's index by the Hourly
Rate Schedule to define the new Hourly Rate Schedule. The maximum increase
will be limited to three percent (3%).
7.5 No retainage shall be made from the Consultant's compensation on account of
sums withheld from payments to Contractors.
7.6 Method of Billing and Payment With respect to all Services, Consultant shall submit
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Neighborhood 2 - North Shore
October 29, 2001
billings on a monthly basis in a timely manner. These billings shall identify the nature of the
work performed; the total hours of work performed by employee category and the respective
hourly billing rate associated with the employee category from the Hourly Rate Schedule. In the
event sub consultant work is accomplished utilizing the lump sum method, the percentage of
completion shall be identified. Billings shall also itemize and summarize Reimbursables by
category, Where written approval of the City is required for Reimbursables, a copy of said
approval shall accompany the billing for such Reimbursable. When requested, Consultant shall
provide backup for past and current invoices that records hours for all Services by employee
category and reimbursable by category.
7.7The City shall pay Consultant within forty-five (45) calendar days from receipt of
Consultant's proper statement.
7.8 Final payment of the Consultant upon Project completion must be approved by the
Mayor and City Commission.
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
8.1 Consultant shall keep such records and accounts and require any and all
Consultant and subconsultants to keep such records and accounts as may be necessary in
order to record complete and correct entries as to personnel hours charged to the Project.
and any expenses for which Consultant expects to be reimbursed, All books and records
relative to the Project will be available at all reasonable times for examination and audit
by City and shall be kept for a period of three (3) years after the completion of all work to
be performed pursuant to this Agreement. Incomplete or incorrect entries in such books
and records will be grounds for City's disallowance of any fees or expenses based upon
such entries. All books and records which are considered public records shall, pursuant
to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes.
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
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Neighborhood 2 - North Shore
October 29, 2001
9,1 Electronic files of all documents, including, but not limited to, tracings, drawings,
estimates, specifications, investigations and studies completed or partially completed,
shall become the property of the City upon completion, termination, or abandonment of
the Project. Consultant shall deliver the above documents to the City within thirty (30)
days of completion of the Project, or termination of this Agreement, or termination or
abandonment of the Project. (Reference attached Schedule "A", entitled "Scope of
Services" for additional requirements).
9.2 Any re-use of documents by City without written verification or adaptation by
Consultant for the specific purpose intended will be without liability to Consultant.
ARTICLE 10. TERMINATION OF AGREEMENT
10,1 Termination For Lack Of Funds The City is a governmental entity and is subject
to the appropriation of funds by its legislative body in an amount sufficient to allow
continuation of its performance in accordance with the terms and conditions of this
Agreement. In the event there is a lack of adequate funding for the Project, the Project
may be abandoned or terminated, and the City may cancel this Agreement as provided for
herein without further liability to the City.
10.2 Termination For Cause The City may terminate this Agreement for cause in the
event that the Consultant (1) violates any provisions of this Agreement or performs same
in bad faith or (2) unreasonably delays the performance of the Services, upon notice to
the Consultant, in writing, seven (7) days prior to termination. In the case of termination
by the City for cause, the Consultant shall be granted a thirty (30) day cure period after
receipt of written notice from the City.
10.2.1 In the event this Agreement is terminated by the City for cause, the City,
at its sole option and discretion, may take over the Services and complete them by
contracting with another consultant(s) or otherwise. In such event, the Consultant
shall be liable to the City for any additional cost incurred by the City due to such
24
Neighborhood 2 - North Shore
October 29, 2001
termination. "Additional Cost" is defined as the difference between the actual
cost of completion of such incomplete Services, and the cost of completion of
such Services which would have resulted from payments to the Consultant
hereunder had the Agreement not been terminated.
10.2.2 Payment only for Services satisfactorily performed by the Consultant and
accepted by the City prior to receipt of a Notice of Termination, shall be made in
accordance with Article 7 herein and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 7.
10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall
promptly assemble and submit to the City, as provided herein or as required in the
written notice, all documents, including drawings, calculations, specifications,
correspondence, and all other relevant materials affected by such termination.
10.2.4 In the event of a termination for cause, no payments to the Consultant
shall be made (1) for Services not satisfactorily performed and (2) for assembly of
submittal of documents, as provided above.
10.3 Termination For Convenience The City, in addition to the rights and options to
Terminate for Cause, as set forth herein, or any other provisions set forth in this
Agreement, retains the right to terminate this Agreement, at its sole option, at any time,
for convenience, without cause and without penalty, when in its sole discretion it deems
such termination is in the best interest of the City, upon notice to Consultant in writing
fourteen (14) days prior to termination. In the event City terminates Consultant's
services for its convenience, as provided herein, Consultant shall be compensated for all
Services rendered up to the time of receipt of said written termination notice, and for the
assembly and submittal to the City of documents for the Services performed, in
accordance with Article 7 herein, and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 7.
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Neighborhood 2 - North Shore
October 29, 2001
10.4 Termination Bv Consultant The Consultant may only terminate this Agreement
for cause in the event that the City willfully violates any provisions of this Agreement or
unreasonably delays payment for the Services, upon written notice to the City, thirty (30)
days prior to termination. In that event, payment for Services satisfactorily performed by
the Consultant and accepted by the City prior to receipt of a Notice of Termination shall
be made in accordance with Article 7 herein. In the case of termination by Consultant for
cause, the City shall be granted a thirty (30) day cure period after receipt of written notice
from the Consultant.
10,4,1 The Consultant shall have no right to terminate this Agreement for
convenience of the Consultant.
10.5 Implementation Of Termination In the event of termination, either for cause
or for convenience, the Consultant, upon receipt of the Notice of Termination, shall (1)
stop the performance of Services under this Agreement on the date and to the extent
specified in the Notice of Termination; (2) place no further orders or subcontracts except
for any that may be authorized, in writing, by the City, prior to their occurrence; (3)
terminate all orders and subcontracts to the extent that they relate to the performance of
the Services terminated by the Notice of Termination; (4) promptly assemble and submit,
as provided herein, all documents for the Services performed, including drawings,
calculations, specifications, correspondence, and all other relevant materials affected by
the termination; and (5) complete performance of any Services as shall not have been
terminated by the Notice Of Termination, And As Specifically Set Forth Therein.
10,6 Non Solicitation The Consultant warrants that it has not employed or
retained any company or person, other than an employee working solely for the
Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay
any company or other person any fee, commission, gift or other consideration contingent
upon the execution of this Agreement. For breach or violation of this warranty, the City
has the right to terminate this Agreement without liability to the Consultant for any
reason whatsoever.
26
Neighborhood 2 - North Shore
October 29, 2001
ARTICLE 11. INSURANCE
11.1 The Consultant shall comply throughout the term of this Agreement with the
insurance requirements stipulated herein. It is agreed by the parties that the Consultant
shall not commence with work on this Project until satisfactory proof of the following
insurance coverage has been furnished to the City. The Consultant will maintain in effect
the following insurance coverage:
(a) Professional Liability Insurance in the amount of One Million
($1,000,000,00) Dollars per occurrence, with a maximum deductible of $150,000
per occurrence, $450,000 aggregate. Consultant shall notify City in writing
within thirty (30) days of any claims filed or made against the Professional
Liability Insurance Policy.
(b) Comprehensive General Liability Insurance in the amount of
$1,000,000,00 Single Limit Bodily Injury and Property Damage coverage for
each occurrence, which will include products, completed operations, and
contractual liability coverage, The City must be named as an additional insured
on this policy.
(c) Worker's compensation and employer's liability coverage within the
statutory limits ofthe State of Florida.
11.2 The Consultant must give thirty (30) days prior written notice of cancellation or
of substantial modifications in the insurance coverage, to the City Manager.
11.3 The insurance must be furnished by an insurance company rated B+:VI or better,
or its equivalent, according to Bests' Guide Rating Book and must additionally be
furnished by insurance companies duly authorized to do business in the State of Florida
and countersigned by the company's Florida resident agent.
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Neighborhood 1-North Shore
October 19, 1001
11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all
insurance policies required above. City reserves the right to require a certified copy of
such policies upon request, All certificates and endorsements required herein shall state
that the City shall be given thirty (30) days notice prior to expiration or cancellation of
the policy.
ARTICLE 12, INDEMNIFICATION
12,1 In consideration of a separate and specific consideration of $1 0,00 and other good
and valuable consideration the receipt of which is hereby acknowledged, the Consultant
hereby agrees to indemnify, defend and hold the City and its employees, agents and
authorized representatives harmless with respect to any and all costs, claims, damages
and liability which may arise out of the performance of this Agreement as a result of the
negligence, recklessness, intentionally wrongful conduct and errors or omission of the
Consultant, or the Consultant's subconsultants, or any other person or entity under the
direction or control of Consultant. The Consultant shall pay all claims and losses arising
out of Consultant's negligent acts, recklessness, intentionally wrongful conduct, and
errors or omissions and shall defend all suits, in the name of the City, its employees,
agents and authorized representatives when applicable, including appellate proceedings,
and shall pay all costs, judgments and reasonable attorneys' fees which may issue
thereon.
ARTICLE 13. VENUE
13.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein. Exclusive venue for the enforcement of same shall lie in
Miami-Dade County, Florida.
28
Neighborhood 2 - North Shore
October 29, 2001
ARTICLE 14. LIMITATION OF LIABILITY
14.1 The City desires to enter into this Agreement only if in so doing the City can
place a limit on City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the amount of the fees for Services agreed upon under the terms of the
Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby
expresses its willingness to enter into this Agreement with Consultant's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of
the fee for Services agreed upon under the terms of the Agreement, less the amount of all
funds actually paid by the City to the Consultant
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to Consultant for money
damages due to an alleged breach by the City of this Agreement in an amount in excess
of the amount of fee under any this Agreement, which amount shall be reduced by the
amount actually paid by the City to Consultant for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed
upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in
this Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Section 768,28, Florida Statutes.
ARTICLE 15. MISCELLANEOUS PROVISIONS
15,1 The laws of the State of Florida shall govern this Agreement.
15.2 Equal Opportunitv Emplovment and SDBE Goals: Consultant agrees that it will
not discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin, disability or sexual
orientation and will take affIrmative steps to ensure that applicants are employed and
employees are treated during employment without regard to sexual orientation, race,
29
Neighborhood 1- North Shore
October 19, 2001
color, religion, sex, age, national origin, or disability. This provision shall include, but
not be limited to, the following: employment upgrading, demotion or transfer;
recruitment advertising, layoff or compensation; and selection for training, including
apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action
Policy.
15.3 Public Entitv 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 bids or leases of real property to the City, may not be awarded or
perform work as a contractor, supplier, subcontractor, or subconsultant under a contract
with the City, and may not transact business with the City in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for Category Two for a period of
36 months from the date of being placed on the convicted vendor list. Violation of this
Section by Consultant shall result in cancellation and may result in Consultant=s
debannent.
15.4 No Contingent Fee: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee working solely
for Consultant any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision, City shall have the right to terminate the Agreement without
liability at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
15.5 The Consultant represents that it has made and will make reasonable
investigation of all subconsultants to be utilized in the performance of work under this
Agreement to determine that they possess the skill, knowledge and experience necessary
30
Neighborhood 2 - North Shore
October 2!1, 2001
to enable them to perform the services required. Nothing in this Agreement shall relieve
the Consultant of its prime and sole responsibility for the performance of the work under
this Agreement.
15,6 The Consultant, its consultants, agents and employees and sub contractors, shall
comply with all applicable Federal, State and County laws, the Charter, related laws and
ordinances of the City of Miami Beach, and with all applicable rules and regulations
promulgated by local, state and national boards, bureaus and agencies as they relate to
this Project.
15.7 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered by Consultant, under any circumstances, without the prior written
consent of City.
15.8 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein;
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
ARTICLE 17. NOTICE
17.1 All written notices given to City by Consultant shall be addressed to:
City Manager's Office
c/o Assistant City Manager Robert Middaugh
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
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Neighborhood 2 - North Shore
October 29, 2001
With a copy to:
Capital Projects Coordinator
Capital Improvement Project Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
And
Raul J. Aguila, Esq
Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
Mr, Joseph M, Corradino, AICP
Executive Vice President
The Corradino Group, Inc.
4055 Northwest 97th Avenue
Miami, Florida 33178
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
32
Neighborhood Z - North Shore
October Z!I, ZOOI
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.
~~ ~ CAvl Jur-
Attest
CITY CLERK
MAYOR
Witness
CONSULTANT
~~<
Signature
!qonfoa- ~k
Print Name
~A t1.~IU!J ~I~UW (/K.a-o.<<6~
Print Name and Title
Signature
~u!lJn~
F~I~GUAGE
& FOR EXECUTION
Print Name and Title
~I
33
Neighborhood 2 - North Shore
October 29, 2001
SCHEDULE A
PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE CORRADINO GROUP. INC,
SCOPE OF SERVICES
34
SCHEDULE A
CITY OF MIAMI BEACH, FLORIDA
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM
SCOPE OF AlE CONSULTANT SERVICES
CONSULTANT:
The Corradino Graul). Inc
BACKGROUND
The City of Miami Beach (CITY) has developed various programs to improve the quality of life of
its residents. On November 2, 1999, voters approved the issuance of approximately $92 million
in General Obligation (GO) Bonds for Neighborhood, Parks, Beach and Fire Safety
Improvements, of which $57 million is allocated for capital right-of-way infrastructure projects
(Program). In addition to this allocation, CITY Administration proposes that a portion of the
recent Water and Wastewater Bond and Stormwater Bond issues also are allocated for capital
right-of-way infrastructure projects. These estimated $187 million of public right of way
infrastructure improvement projects are to be implemented over the next six (6) years. Program
elements include citywide water, wastewater and stormwater improvements; as well a variety of
streetscape enhancement. projects. The CITY has contracted the services of Hazen and
Sawyer, P.C. to function as Program Manager (PROGRAM MANAGER), and act as the CITY's
agent with regard to all aspects of this scope of services. Hence, PROGRAM MANAGER shall
serve as the focal point of contact with the Architectural I Engineering firm (CONSULTANT).
The CITY will retain contractual agreement responsibilities with the CONSULTANT firms.
Due to the large number of projects that will be ongoing coincidentally during the Program, the
PROGRAM MANAGER has developed a Program Work Plan (PWP) detailing procedures and
policies for the overall Program. This PWP manual dictates the respective responsibilities and
levels of authority for all program team members. Organizational structure flowcharts and team
member duties are included to establish a working understanding regarding reporting and
communication relationships on the Program. The PWP includes a listing of design and
construction phase deliverables from the various AlEs and Contractors, along with proposed
PROGRAM MANAGER duties during the planning, design and construction phases of the
Program. One copy of the PWP will be given to CONSULTANT, who agrees to comply with
procedures set forth therein.
The CITY has prepared the City of Miami Beach Water System Master Plan dated November
1994 and the Comprehensive Stormwater Management Program Master Plan dated March
1997 which identifies the preliminary investigations, analysis and recommendations to improve
water and stormwater infrastructure throughout the City. Subsequent planning efforts by the
CITY identified water infrastructure to be replaced and gathered data within certain
neighborhoods for use in preliminary drainage assessments, Data gathered for the stormwater
infrastructure includes the following:
· Test Borings
· Soil permeability tests (SFWMD Usual Condition Test Method)
· Existing stormwater drainage facility assessment
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I
,
There are a total of thirteen neighborhoods within the Program scope. This scope of services
refers to CONSULTANT planning (Task 1), design (Task 2), bidding (Task 3), construction
administration (Task 4) services and Reimbursables (Task 6) specifically related to the following
neighborhood{s):
1. Neighborhood No.2 - North Shore
The North Shore neighborhood is bounded by 87th Terrace on the north, the Atlantic Ocean on
the east, 63rd Street on the south and Indian Creek and Tatum Waterway on the west. The
neighborhood is highly urbanized and densely populated with multifamily apartments and
condominiums, The commercial district is located along Collins Avenue and 71st Street. These
commercial streets were recently reconstructed; therefore, they are not expected to be included
in the scope of this project.
The CITY has held community workshop meetings with residents of the North Shore community
to address their needs, The scope of work includes the following:
· Enhanced pedestrian and vehicular streetscape improvements
· Comprehensive landscaping and irrigation
· Traffic calming
· Sidewalks
· Street lighting
· Street resurfacing
· Swale enhancement
· Parking layout and signage
· Water-line, wastewater and drainage improvements
· Coordination with the North Beach Recreational Corridor to provide
bicycle and pedestrian trail connections from the neighborhood to the
oceanfront
The work will also consist of coordination with other consultants with respect to the FOOT
trafficway improvement projects and others.
The following are known projects in this neighborhood that need to be coordinated:
. 7111 Street Charrette
· Related Company development of City-owned 7200 street site
· Sewer force main and pump station relocation of the 7200 street site
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· Other sewer force main replacements which the City are planning to
complete under a separate contract. One of these force mains is in 72nd
Street
· FOOT 63rd Street Bridge repairs
· FOOT 63RD Street f1yover removal
· FOOT 7181 Street Corridor Livable Communities study by Renaissance
Planning Group and Bermello and Ajamil
· Citywide Parking Study by Walker Parking Consultants with Corradino
Group
· Miami Beach North Entrance Gateway Project
Other City projects also include shoreline stabilization, seawall repair and/or upland
improvements to City-owned property along inland waterways and canals. The CONSULTANT's
work effort will have to be coordinated with other entities so that work can be constructed in a
sequenced manner.
Total construction costs budgeted for this neighborhood approximate $5,125,300; $120,205 for
the 72nd Street Improvements at North Shore Park and $5,005,095 for the remaining portions of
the North Shore neighborhood. The total construction costs associated with the neighborhood
are funded from the General Obligation, Water and Wastewater and Stormwater Revenue Bond
Series,
A general map is attached as Exhibit A, Please note that the Exhibit identifies the neighborhood
limits as well as the location of water main replacement, sanitary sewer replacement and areas
requiring further investigation. Note that a separate Notice to Proceed is required from the CITY
prior to the commencement of work on any Task.
For purposes of this scope of services, the work is herein defined to include two bid packages
that are to be implemented on two separate time lines. These bid packages are as follows:
Bid Package Description
Bid Package A 72nG Street
Improvements at North Shore Park
Bid Package B - North Shore
TASK 1 - PLANNING SERVICES
The purpose of this Task is to establish a consensus design concept for the referenced
neighborhood(s) that meets the needs of the community and stays within established schedule
and cost parameters, Note that Tasks 1,1 through 1.5 are intended to develop a database for
the performance of Community Design Workshops. The total number of Community Design
Workshops to be conducted per neighborhood as discussed in Task 1.6, Based on the results
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II.
of the Community Design Workshops, a draft Basis of Design Report shall be developed as
noted in Task 1.7. Subsequent design review committee presentations and approvals shall be
as noted in Task 1.8. A final Basis of Design Report shall then be prepared summarizing the
accepted design concept, budget level cost estimate and implementation schedule as noted in
Task 1,10, To facilitate the implementation of a Public Information Program, CONSULTANT
shall provide electronic files of all project documents, as requested by CITY and/or PROGRAM
MANAGER. Planning services for the work associated with Bid Package A must be completed
within 22 working days from receipt of the Notice to Proceed.
Task 1.1 - Proiect Kick-Off Meetina: CONSULTANT shall meet with CITY and PROGRAM
MANAGER to review existing planning documents and results of previous scoping sessions
held with affected neighborhood(s) and receive copies of available reference documents. CITY
and PROGRAM MANAGER shall present general discussions as to Program procedures and
direction. Based on this meeting CONSULTANT will schedule a reconnaissance visit of the
Project site(s). CONSULTANT's level of effort is based upon the attendance at one (1) meeting,
PROGRAM MANAGER shall prepare and distribute meeting minutes, accordingly.
Dellverables: - Attend Project kick off meeting.
Schedule: - Within 5 working days of Task 1 - Planning Phase Notice-to-Proceed.
Task 1.2 - Infrastructure PlanninQ: The CITY has performed certain planning efforts that
identified the location of water and sanitary sewer infrastructure replacement. The approximate
location of these improvements has been identified in Exhibit A and the clarification document to
the Water Master Plan dated June 29, 2001. It is the CITY's intent to have all galvanized water
mains / service connections and tuberculated cast iron mains replaced under this Program.
The CITY'S Water System Consultant has recently established additional guidelines for
prioritizing the recommended water line improvements to assist in the planning efforts. In
general these are as follows:
· All items identified as 'Water Line Replacement" and Galvanized Water Line
Replacement" must be replaced under the scope of the ROW projects. Hence,
replacement of these lines is to be included in the project scope and costs presented at
the .visioning" session,
· All items identified as 'Water Line Replacement and / or Refurbishing" and "Water Line
Extension" are discretionary and will be replaced only if sufficient funding is available,
Decisions on funding availability will be made by the CITY based on information
provided by the CONSULTANT at the .Visioning" Session.
If sufficient funding is found available to implement discretionary replacements, the CITY will
utilize the services of its Water System Consultant to perform necessary investigations to
identify areas were these replacements will be implemented.
Under this task, CONSULTANT shall also meet with the Miami-Dade Department of
Environmental Resource Management (DERM) and CITY to define the level of service required
for stormwater infrastructure improvements. It is the CITY's intent that its Stormwater Consultant
lead and coordinate a meeting with DERM, The intent of this meeting is to establish the
regulatory drainage requirements for the entire City of Miami Beach. During the planning phase
of this project, the CONSULTANT will be required to prepare a detailed traffic analysis and
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schematic design of alternatives for a proposed reconfiguration of Collins Avenue and Harding
Avenue between 76th Street and 87th Terrace (please refer to the RFQ, Appendix B 1994
Duany Plater-Zyberk Plan).
Task 1.3 - Proiect Site Reconnaissance Visit and Development of Alternative Streetscape
Treatments: CONSULTANT shall attend a reconnaissance site visit for each neighborhood.
CITY staff and representatives will attend the site visit(s) from the project area. This will
facilitate CONSULTANT's understanding of the project area needs,
Based on the results of the site visit(s), CONSULTANT shall assemble three (3) reference
images identifying alternative streetscape treatments that each area may follow, One of the
reference images shall present proposed improvements possible under current budget
limitations. The other images shall reflect additional levels of potential improvements that may
be possible based on future phases of the Program that are to date unfunded. CONSULTANT's
level of effort anticipates the preparation of streetscape renderings for up to six (6) areas.
Renderings will be prepared in an electronic format on digital photographs and will not be
architectural grade. It is the intent of this scope of services that the CONSULTANT shall
prepare alternative streetscape treatments for the various areas (single, multi family,
commercial, etc.). In addition, CONSULTANT shall prepare preliminary Mbudger level cost
estimates (+30%, -15% as defined by the American Association of Cost Engineers) for each
alternative treatment indicating opinions of probable cost. Estimates shall present costs by
category types (i.e. paving, lighting, landscaping, etc.) and shall be prepared in a Microsoft
Excel Spreadsheet format. PROGRAM MANAGER shall provide a template for the requisite
cost estimate format to CONSULTANT, CONSULTANT shall prepare and distribute meeting
minutes of each project site reconnaissance visit, accordingly.
Dellverables: - Attend reconnaissance project site visit(s)
- Develop alternative streetscape images for each area
- Develop "budget" level cost estimates for each alternative streetscape
image
Schedule:
- Within 30 working days of completion of Task 1.1 services.
Task 1.4 - Attend "VlsioninQ" Session: After conducting the project site visit(s) and
developing alternative streetscape treatments and cost estimates, CONSULTANT shall attend a
half-day "Visioning" session to be scheduled with representatives of CITY, CONSULTANT and
PROGRAM MANAGER for each neighborhood. The purpose of the "Visioning" session(s) shall
be to clarify project goals to prepare for the Community Design Workshops, Issues to be
discussed shall include the proposed alternative streetscape treatments, budget and schedule.
CONSULTANT shall prepare and distribute meeting minutes, accordingly,
Oeliverables: . Attend "Visioning" session(s) with representatives from CITY and
PROGRAM MANAGER.
Schedule - Within 5 working days of Task 1.2 completion,
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Task 1,5 - Review MeetlnQ Prior to Community DeslQn Workshops: CONSULTANT shall
meet with applicable CITY and PROGRAM MANAGER staff to ensure that any and all concerns
regarding project scope, schedule and cost parameters are addressed prior to scheduling the
initial Community Design Workshops for each neighborhood. PROGRAM MANAGER shall
. prepare and distribute meeting minutes, accordingly.
Deliverables: - Meet with representatives of CITY and PROGRAM MANAGER during
Task 1.1 through 1.4 work.
Schedule
- Through completion of Task 1.1 through 1.4 work.
Task 1.6 - Community Desi~m Workshops: Design workshops provide an opportunity for
residents of affected communities to participate in the planning process for right of way
improvements in their respective neighborhoods. To this end, a series of community workshops
shall be conducted. CITY will schedule, find locations for, and notify residents of all such
meetings. CONSULTANT shall prepare all materials for presentation at each workshop. At a
minimum these shall include ''full size" graphics I renderings, a summary of cost estimates,
workshop agendas and requisite handouts of each. CONSULTANT shall prepare draft meeting
minutes and forward them to PROGRAM MANAGER, who shall review, provide comments, and
distribute, accordingly. Each workshop is intended to address specific design issues as
discussed in the following:
Task 1.6.1 Community Design Workshop No.1 - The first workshop is intended to
provide community residents with a review of the proposed project scope, budget and
schedule and create a consensus plan with community concurrence. CONSULTANT
shall prepare full size presentation graphics illustrating the Site Analysis Maps and
Alternative Streetscape Treatments developed under Tasks 1.3 and 1.4. As previously
noted, the alternatives shall present proposed improvements possible under current
budget limitations and additional levels of potential improvements that may be possible
based on future phases of the Program that are to date unfunded. In addition, graphics
shall be prepared presenting a summary of probable costs for the various improvements
and the workshop agenda. "Budget" level cost estimates shall be +30%, -15% as
defined by the American Association of Cost Engineers, Based on this data,
CONSULTANT shall present the preliminary planning information to attendees. CITY
and PROGRAM MANAGER staff will also attend these meetings, and assist
CONSULTANT with responses to resident questions, as applicable. CONSULTANT
shall note reasonable design revision requests from residents for review and
incorporation into the proposed plan. Due to the fixed nature of funding on the various
projects within the Program, budget limits must be adhered to. CONSULTANT shall be
prepared to discuss budgets and the various impacts of resident requested revisions on
such, accordingly.
Dellverables: - Prepare materials, attend and conduct Community Design
Workshop No, 1 for each neighborhood
Schedule:
- Within 10 working days after completion of Task 1,4
Task 1.6.2 Community Design Workshop No.2 - The second workshop is intended to
present community residents with the selected streetscape treatment concept, budget
and schedule based on the input received during Workshop NO.1. CONSULTANT shall
prepare full size presentation graphics illustrating the selected streetscape treatment,
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along with a summary of probable costs for the improvements and the workshop
agenda. The selected streetscape treatment shall be presented in two phases. The first
phase shall illustrate proposed improvements possible under current budget limitations.
The second phase shall illustrate additional levels of potential improvements that may be
possible based on future phases of the Program that are to date unfunded. "Budget"
level cost estimates shall be +30%, -15% as defined by the American Association of
Cost Engineers, Based on this data, CONSULTANT shall present the information to
attendees. CITY and PROGRAM MANAGER staff will also attend these meetings, and
assist CONSULTANT with responses to resident questions, as applicable.
CONSULTANT shall note that the design concepts presented during this meeting are
considered "near final" and CITY will consider only minor design revision requests from
residents for review and incorporation into the proposed plan. Any comments accepted
by the CITY resulting from this workshop shall be incorporated during the Task 2 Design
Phase. No additional workshops will be scheduled.
Dellverables: - Prepare materials, attend and conduct Community Design
Workshop No.2 for each neighborhood
Schedule
- Within 15 working days of Community Design Workshop No. 1
Task 1.6.3 Community Design Workshop No.3 - The third workshop is intended to
present community residents with the final streetscape treatment concept, budget and
schedule based on the input received during Workshop Nos. 1 and 2. CONSULTANT
shall prepare full size presentation graphics illustrating the final streetscape treatment,
along with a summary of probable costs for the improvements and the workshop
agenda. The final streetscape treatment shall be presented in two phases. The first
phase shall illustrate proposed improvements possible under current budget limitations.
The second phase shall illustrate additional levels of potential improvements that may be
possible based on future phases of the Program that are to date unfunded. "Budget"
level cost estimates shall be +30%, -15% as defined by the American Association of
Cost Engineers. Based on this data, CONSULTANT shall present the information to
attendees. CITY and PROGRAM MANAGER staff will also attend these meetings, and
assist CONSULTANT with responses to resident questions, as applicable.
CONSULTANT shall note that the design concepts presented during this meeting are
considered "final" and CITY will not consider design revision requests from residents for
review and incorporation into the proposed plan.
Dellverables:
Prepare materials, attend and conduct Community Design
Workshop NO.3 for each neighborhood
- Within 20 working days of Community Design Workshop
No.2
Schedule:
Task 1.7 - Basis of DesiQn Report CDRAFTI: CONSULTANT shall prepare a draft Basis of
Design Report (BODR) for each neighborhood presenting the results of the Community Design
Workshops and final design plan, The BODR will include a summary of findings and a map
illustrating all proposed improvements under the current phase of the project, inclusive of water,
wastewater, stormwater, urban design, streetscape and landscape. Where required,
CONSULTANT shall perform a corridor study to determine the most desirable routing for
proposed underground improvements. A separate map shall be prepared by CONSULTANT to
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\
illustrate proposed future improvements, as agreed with residents during the Community Design
Workshops, that are yet unfunded. The BOOR shall include sufficient detail in plans, sections,
notes and key descriptions to facilitate review by the various CITY permitting and planning
divisions discussed in Task 1.8
The draft BOOR shall also include discussions and graphics illustrating:
· A project implementation plan, inclusive of utility and streetscape construction
phasing and traffic control details with a discussion of expected impacts to the
affected neighborhood.
· Proposed water, wastewater and stormwater improvements. A corridor study
may be required if routing is not clearly indicated on existing planning
documents, or if proposed routing is determined to be congested with existing
improvements,
· A discussion of existing right-of-way encroachments, including the extent and
locations of such,
· A "budget. level cost estimate prepared in conformance with format provided by
PROGRAM MANAGER. Estimates shall be provided for both current phase and
future (unfunded) improvements. Based upon CONSULTANT's cost estimate,
CITY shall advise CONSULTANT if portions of the project need to be deleted,
phased and/or bid as alternate bid items to satisfy existing fiscal constraints.
CONSULTANT shall revise BOOR to reflect such issues accordingly.
· A schedule for implementing the Project itemized phase by phase (design, bid,
award, construction) including critical issues and the time period allowed for
resolving each issue. The schedule shall be prepared in "Primavera Project
Planner, Version 3.0. format or SureTrak and provided to the CITY and
PROGRAM MANAGER.
· Discussion regarding permitting authorities having jurisdiction over Projects and
provide a list of permits typically retained by the Owner and/or Contractor.
Unique and/or special permitting requirements shall be identified as well as
permitting fees.
Deliverables: - Prepare 25 copies of the draft BOOR.
. Within 35 working days from completion of the final
Community Design Workshop.
Task 1.8 - Review of BODR with CITY Divisions: CONSULTANT shall meet to present and
review the draft BOOR with the following review agencies:
Schedule:
· City of Miami Beach Historic Preservation Board or Design Review Board
· City of Miami Beach General Obligation (G.O.) Bond Oversight Committee
· City of Miami Beach Planning Board
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· City of Miami Beach Neighborhood Committee
· City of Miami Beach Transportation and Parking Committee
· City of Miami Beach Finance Committee
· City of Miami Beach City Commission
CITY and PROGRAM MANAGER shall attend review meetings and assist CONSULTANT, as
practicable, in obtaining approvals from noted review agencies by participating in negotiations
with such authorities, CONSULTANT retains final responsibility for procuring all necessary
approvals, and for implementing required revisions and resubmissions as necessary. It is
recognized by CITY and PROGRAM MANAGER that the time period for obtaining approvals
from the various review agencies is beyond the control of CONSULTANT, except for issues
concerning the acceptability of the proposed design concepts and CONSULTANT's ability to
respond to review agency comments. CONSULTANT shall address and respond to comments
received from the various reviews in writing, and implement requested revisions into the draft
BODR, as agreed with CITY and PROGRAM MANAGER, within fourteen (14) calendar days of
receipt of comments, unless agreed to otherwise with PROGRAM MANAGER. CONSULTANT
shall draft meeting minutes and forward them to PROGRAM MANAGER, who shall finalize and
distribute accordingly,
DeJiverables: - Attend BODR review meetings with noted committees.
- Prepare draft meeting notes.
- Address comments and revise BODR accordingly.
Schedule: - Within 17 working days of draft BODR completion.
Task 1,9 - Additional Review Meetlnas:
CONSULTANT shall attend and participate in up to two (2) review meetings with those
agencies/committees requesting revisions.
Task 1.10 - Final Basis of Desian Report: CONSULTANT shall prepare a final BODR based
on comments and revisions implemented during the reviews with the various CITY Divisions.
The final BODR will serve as the basis for development of detailed design documents as
discussed in Task 2,
DeJiverables: . Prepare 25 copies of a final BODR.
Schedule: - Within 10 working days after completion of reviews noted in Task 1,8.
TASK 2 -DESIGN SERVICES
The purpose of this Task is to establish requirements for the preparation of contract documents
for the Project Bid Package A only. Note that Task 2.1 requires that CONSULTANT perform a
variety of forensic tasks to verify, to the extent practicable, existing conditions and the accuracy
of base maps to be used for development of the contract drawings. Task 2.2 discusses
requirements for the preparation of contract documents, inclusive of drawings, specifications
and front-end documents. Task 2.3 establishes requirements with regard to constructability and
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value engineering reviews to be performed by others. Task 2.4 establishes requirements for the
preparation of opinions of total probable cost by the CONSULTANT, Task 2.5 specifies
requirements for review of contract documents with jurisdictional permitting agencies prior to
finalization. Task 2.6 establishes requirements for developing final (100%) contract documents.
To facilitate the implementation of a Public Information Program, CONSULTANT shall provide
electronic files of all project documents, as requested by CITY and/or PROGRAM MANAGER.
It is the PROGRAM MANAGER's intent to post the 100% contract document submittals on its
Program Web Page, Hence, CONSULTANT shall provide the electronic files for the front end
documents, technical specifications, and construction drawings, as required.
Task 2.1 - Field Verification of ExistinQ Conditions: CONSULTANT shall perform a detailed
topographic survey of the existing right of way areas to be impacted by construction activities
under the scope of this project. The survey shall be performed by a Professional Land Surveyor
in the State of Florida and shall meet the minimum technical standards identified in Chapter
61G17-6, FAC, All survey files shall be prepared in AutoCAD Version 14 format with a layering
system as directed by PROGRAM MANAGER. As a minimum, the survey shall address the
following:
· Topographic survey shall consist of establishing a baseline with 100-foot
stations, and identify right-of-way monuments and sectionalized land comers.
Baseline of survey shall be tied into the right-of-way and sectionalized land
monuments. CONSULTANT shall obtain right-of-way information from available
records.
· CONSULTANT shall set benchmarks at convenient locations along the corridor
to be used during both the design and construction phases of the project. As a
minimum, permanent benchmarks shall be set at 1000-foot intervals along the
alignment. CONSULTANT shall tie-in at least two existing government County
monuments to vertical circuit and shall take cross sections at 100-foot intervals
along project corridor. The benchmarks shall be derived from existing
government benchmarks and be carried into the proposed system using Second
Order, Class II procedures. A full listing of benchmark locations shall accompany
the survey data,
· Cross section elevations shall define all grade breaks such as intersections,
swale, edge of pavement, pavement centerline, curb and gutter, edges of
sidewalk, driveway connections, right-of-way line, edge of a 25 foot right-of-way
offset, encroachments (both natural and built-in), etc.
· CONSULTANT shall locate and identify all the existing surface improvements I
topographic features that are visible along the corridor, such as the following:
Existing valve boxes, water I electrical meter boxes, electrical pull boxes,
telephone I cable risers, fences, hydrants, etc.
Aboveground and underground utilities, invert elevations of accessible
underground utilities, wood / concrete utility poles, culverts, guardrails,
pavement limits, headwalls, endwalls, manholes, vaults, mailboxes,
driveways, side streets, trees, landscaping, traffic signage and any other
noted improvements, Survey shall identify fence material I height,
landscaping plant material limits and driveway construction materials; as
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well as private property encroachments (Le, landscaping, overhangs,
improvements, etc.)
Survey limits shall include the entire right-of-way and an additional overlap of 25 feet on either
side of the right-of-way.
· Topographic survey I base map shall be prepared in AutoCAD version 14.0 and
submitted on a 3.5-inch diskette with one copy on 22-inch by 34-inch bond paper
to the CITY. CAD mapping shall be performed to a scale of 1:1 in the World
Coordinate System, Text size shall be 100 leroy for a final product at 1 =20 units.
· Indicate geometry of perimeter private property plats (inclusive of fences,
landscaping and driveways).
Upon completion of the survey, CONSULTANT shall forward the same to all the private utility
owners I agencies with a request to mark !Identify their respective utilities on the survey base
map. CONSULTANT shall coordinate this effort with each agency in an effort to identify the
location of all underground utilities. CONSULTANT shall incorporate utility owner markups I
edits into its survey base map file. CONSULTANT shall contact the following entities and
request that they each verify locations of their existing improvements in the affected areas:
. Florida Power and Light
. Miami-Dade Water and Sewer Authority
· Miami-Dade Public Works Department
· State of Florida Department of Transportation
· Charter Communications
· Natural Gas
· Others as deemed necessary by CONSULTANT
Based on the collected data, CONSULTANT shall develop detailed design base maps for the
project. The maps shall include an overall key map and partial plans scaled at 1-inch equals 20
feet. CONSULTANT shall illustrate proposed water, wastewater and stormwater improvements
on the base maps based on available planning documents provided by CITY. A subsequent
review shall be scheduled with CITY and PROGRAM MANAGER staff to determine locations
where additional field verifications, via "Soft-Dig" underground identification services, shall be
implemented.
CONSULTANT shall prepare final base maps based on the information gathered herein.
Copies of base maps shall be distributed to CITY and PROGRAM MANAGER.
Deliverables: - Perform forensic work as noted to develop final base maps. Deliver
five (5) sets of base maps to PROGRAM MANAGER.
Schedule: - Within 15 working days after Task 2 - Design Phase Notice to
Proceed.
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Task 2.2 - Detailed DesiQn: CONSULTANT shall prepare detailed design documents
consisting of general, civil, mechanical, urban design, landscape architectural, electrical,
landscaping, irrigation and structural drawings, as applicable. CONSULTANT shall utilize CITY
standard details as provided by PROGRAM MANAGER, and as deemed appropriate by
CONSULTANT. CONSULTANT shall supplement design documents its own additional details,
as it deems necessary, to provide CITY with a complete work product, All drawings shall be
prepared using AutoCAD Version 14 software with a layering system as provided by
PROGRAM MANAGER.
Technical specifications shall be prepared in conformance with Construction Specifications
Institute (CSI) format. PROGRAM MANAGER shall furnish CONSULTANT with standard CITY
specification outlines for Divisions 1, 2, 3 and 15, By incorporating the CITY's standard
specification outlines into its contract documents, CONSULTANT acknowledges that it has
reviewed and accepted these specification outlines as its own for the purposes of this project.
CITY assumes no responsibility for the contents of the master specification outlines, Hence,
CONSULTANT shall review such documents and make known to CITY any requests for
revisions, for review and acceptance, prior to modification of the documents, CONSULTANT
shall refrain from amending FOOT standard specifications and including same in the detail
design documents. CONSULTANT may provide technical specification sections that
CONSULTANT may require, not already provided through CITY standard outlines, subject to
review and comment by CITY and/or PROGRAM MANAGER. Any Supplier listings required by
specifications shall include a minimum of two named Supplier's and shall meet all applicable
CITY and State of Florida procurement codes. CITY standard specification outlines shall be
provided to CONSULTANT in "Microsoft MS-Word" format. CONSULTANT shall use the same
software in all project related work.
CONSULTANT shall utilize base front-end documents provided by CITY. CONSULTANT shall
edit accordingly to result in a project specific document. Any changes / modifications to the
Supplementary General Conditions shall be subject to review and acceptance by CITY,
CONSULTANT shall attend monthly progress meetings with CITY and PROGRAM MANAGER
staff. CONSULTANT shall prepare and maintain a design progress schedule in Primavera
Project Planner, version 3.0 format or SureTrak, CONSULTANT shall update the schedule and
review project status at each monthly progress meeting, Should PROGRAM MANAGER
determine that a CONSULTANT has fallen behind schedule, CONSULTANT shall provide a
recovery schedule that will accelerate work to get back on schedule. In addition during the
design phase, CONSULTANT shall attend two meetings with applicable representatives to
review the status of the design. The CITY shall schedule these meetings.
For purposes of this Scope of Services, the following will be considered the minimum effort to
be provided by CONSULTANT for establishing the detail design milestones:
· 30% design completion shall consist of the completed survey / base map work as
identified in Task 2.1 with the proposed improvements identified in plan view at a
scale of 1-inch equals 20 feet. A key map shall also be provided which illustrates
the relationship between the drawings and its respective location within the
neighborhood. An outline identifying the anticipated technical specifications to be
incorporated into the work shall also be submitted,
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· 60% design completion shall consist of the plan and profile view of all
improvements, applicable sections and construction details. Prior to the
preparation of the 60% design drawings the CONSULTANT shall incorporate
changes to its design based upon its underground utility verification efforts. Plan
and profile sheets shall be provided for water and sewer improvements.
CONSULTANT shall include the technical specifications and a draft schedule of
prices bid (bid form) identifying the items to be bid by the prospective contractors
with the submittal. CONSULTANT shall provide its "Budget" level opinion of
probable cost as defined by the American Association of Cost Engineers with the
submittal.
· 90% design completion shall consist of the entire construction document set
including the front end documents (general and supplemental conditions),
technical specifications and construction drawings for all the work proposed to be
completed. CONSULTANT shall provide the detailed construction sequencing
restrictions for the PROGRAM MANAGER's review, CONSULTANT shall
provide its "Definitive" level opinion of probable cost as defined by the American
Association of Cost Engineers with the submittal.
Deliverables: . Furnish ten (10) sets of 30,60,90 and 100 percent completion
stage documents to PROGRAM MANAGER.
- Prepare and update project schedule, on a monthly basis.
- Attend monthly progress meetings with CITY and PROGRAM
MANAGER staff.
Schedule:
· Complete 30 percent documents within 20 working days after the Task 2 - Design
Phase Notice to Proceed
. Complete 60 percent documents within 35 working days after Task 2 - Design
Phase Notice to Proceed.
· Complete 90 percent documents within 50 working days after Task 2 - Design
Phase Notice to Proceed.
. Complete 100 percent documents within 65 working days after Task 2 - Design
Phase Notice to Proceed,
Task 2.3 - DesiQn I Constructabilitv Review: To verify that all design review meeting
comments have been incorporated and design standards have been followed, PROGRAM
MANAGER shall perform reviews of all design project documents at the preliminary (30 percent
completion), intermediate (60 percent completion) and near final (90 percent completion) design
stages. The purpose of these reviews shall be to verify that the documents are consistent with
the design intent. The PROGRAM MANAGER shall also review CONSULTANT's prepared cost
estimates for the project at both the 60 and 90 percent submittal stages. These documents will
be furnished as bound 8~ 1/2-inch by 11-inch specifications and full-size (22-inch by 34-inch)
blueline drawings, PROGRAM MANAGER and applicable CITY departments shall perform
reviews on these documents and provide written comments (in the form of markups of
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submitted documents) back to CONSULTANT. Following receipt of comments, a meeting shall
be scheduled between CITY, CONSULTANT and PROGRAM MANAGER, to discuss the
requirements, intent and review of comments, CONSULTANT shall prepare a written
memorandum to address how each comment was resolved. Such written response shall be
prepared and submitted to PROGRAM MANAGER, for acceptance, within 14 calendar days
after the review session. CONSULTANT shall revise documents to include review comments
accordingly.
In addition, PROGRAM MANAGER shall perform constructability reviews of the design
documents relative to value, construction sequencing and bid format. These reviews shall be
based upon the 60 and 90 percent design submittals received from the AlE consultant(s) and
shall be conducted concurrently with the 60 and 90 percent design reviews, Meetings shall be
held with CONSULTANT and CITY representatives to discuss review comments, as required. A
detailed review of CONSULTANT's proposed construction sequencing restrictions will be
performed by PROGRAM MANAGER at the 90-percent completion stage. The intent of this
scope item is to advise the CONSULTANT of the PROGRAM MANAGER's role during the detail
design phase. The CONSULTANT shall note that the PROGRAM MANAGER's review of the
contract documents does not relieve CONSULTANT from its responsibility to the CITY with
regard to the quality of its contract documents.
Deliverables: - Attend meetings with CITY and PROGRAM MANAGER staff to review
and discuss design, constructability and value comments.
- Prepare written responses to comments made during review
sessions.
Schedule:
- Complete concurrently with Design Phase schedule.
Task 2.4 - Cost Opinions: CONSULTANT shall prepare opinions of probable construction
costs for each design submittal (60 and 90 percent) as well as the final (100 percent) completion
stage. The accuracy of the cost estimate associated with the 60 percent completion stage shall
be +30% to -15% "Budget" Level as defined by the American Association of Cost Engineers.
The accuracy of the cost estimate associated with the 90 and 100 percent completion stage
shall be a +15% to -5% "Definitive" Level Estimate as defined by the American Association of
Cost Engineers. All estimates shall be submitted in Microsoft "Excel" format in accordance with
the template supplied by PROGRAM MANAGER. All estimates shall be furnished bound in 8-
1/2-inch by 11-inch size. Based upon CONSULTANT's cost estimate, CITY shall advise
CONSULTANT if portions of the project need to be deleted, phased and/or bid as alternate bid
items to satisfy existing fiscal constraints. CONSULTANT shall revise documents to reflect such
issues accordingly.
Deliverables: - Prepare opinions of probable costs at the 60, 90- and 100 percent
completion stages,
Schedule: - Complete concurrently with Design Phase schedule.
Task 2.5 - Community Deslan Review Meetlnas
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CONSULTANT shall attend and participate in community design review meetings to review the
design progress and concept at different progress levels during the design. The CITY will
schedule, find locations for, and notify residents of all such meetings. CONSULTANT shall
prepare draft meeting minutes and forward them to PROGRAM MANAGER, who shall review,
provide comments and distribute, accordingly. The number of meetings per neighborhood are
as follows:
· Neighborhood 2 - North Shore
CONSULTANT shall participate and attend up to two (2) meetings per Bid
Package.
Task 2.6 . Document Revisions:
Based upon the input provided by the residents, CONSULTANT shall incorporate the necessary
contract document revisions, as approved by the CITY.
Task 2.7 - Permlttlna Reviews:
CONSULTANT shall prepare applications and such documents and design data as may be
required to procure approvals from all such governmental authorities that have jurisdiction over
Project. CITY shall pay all permit fees. CONSULTANT shall consider the impact of permit fees
in its construction opinions of probable cost. CONSULTANT shall participate in meetings,
submissions, resubmissions and negotiations with such authorities. CITY will attend meetings
with governmental authorities as deemed necessary by CITY. CONSULTANT shall respond to
comments by such authorities through PROGRAM MANAGER within ten working days of
receipt of comments unless a different time is agreed to by PROGRAM MANAGER. It is the
intent of this scope of services that PROGRAM MANAGER shall be the responsible party for
formally transmitting permit documents to and from the respective authorities and
CONSULTANT, Hence, PROGRAM MANAGER shall track and monitor progress on the
preparation and review of permits and subsequent requests for information. It is recognized by
PROGRAM MANAGER that the time period for obtaining permits is beyond the control of
CONSULTANT except for issues concerning the permitability of the design and
CONSULTANT's ability to respond to permitting agency requests for information. At the time of
the scope preparation, the following governmental authorities that have or may have jurisdiction
over Project have been identified:
· City of Miami Beach Building Department
· Miami-Dade Department of Environmental Resource Management
· Miami-Dade Water and Sewer Authority
· Miami-Dade Department of Public Works
· Miami-Dade Department of Health and Rehabilitative Services
· South Florida Water Management District
· Florida Department of Transportation
· Florida Department of Environmental Protection
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· U.S. Army Corps of Engineers
· U.S. Environmental Protection Agency
Failure to identify governmental authorities that have jurisdiction over Project at the time of
permitting scope preparation does not relieve CONSULTANT from responsibility to pursue the
permit as described above. However, an equitable adjustment to the CONSULTANT's
compensation may be negotiated if deemed appropriate by CITY.
Deliverables: - Correspond with noted jurisdictional authorities to establish permitting
requirements.
- Revise documents and respond to permitting inquiries as required,
- Attend meetings with CITY and PROGRAM MANAGER staff to review
and discuss permitting status.
- Complete within 43 working days after the completion of the 90
percent detail design milestone (Bid Packages A).
Task 2.8 - Consultant QAlQC of Deslqn Documents:
Schedule:
CONSULTANT shall establish and maintain an in house Quality Assurance / Quality Control
(QAlQC) program designed to verify and ensure the quality, clarity, completeness,
constructability and biddability of its contract documents. CONSULTANT shall provide CITY
and PROGRAM MANAGER with, a written narrative detailing the QAlQC program tasks and
how it is to be implemented over the course of this project. The CITY and/or PROGRAM
MANAGER, at its discretion may require that CONSULTANT attend meetings to review the
status and present results of its QAlQC efforts. Items to be addressed may include, but shall
not be limited to, review of specifications by respective technical experts and a "Redi-check"
type review of the documents to identify conflicts and inconsistencies between the various
disciplines.
TASK 3 -BIDDING AND AWARD SERVICES
Task 3.1 - Construction Contract Document Review
CONSULTANT shall assist CITY in bidding and award of the contract. PROGRAM MANAGER
shall transmit contract documents prepared by the CONSULTANT to the CITY's Risk
Management and Procurement Departments for verification of appropriate insurance and
bonding capacity requirements for each Project prior to bid. Various departments within CITY
(Risk Management, Procurement and the City Attorney's Office) have non technical review
responsibility for the Construction Contract Documents. CONSULTANT shall assist PROGRAM
MANAGER in this process by providing three copies of Construction Contract Documents,
participating in meetings, submissions, resubmissions and discussions with these departments.
CONSULTANT shall respond to CITY comments within ten calendar days of receipt of
comments unless a different time schedule is agreed to by PROGRAM MANAGER.
CONSULTANT's compensation has been based upon one meeting with these departments.
Task 3.2 - Bid Document Dellverv
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CONSULTANT shall provide PROGRAM MANAGER with reproducible, camera ready, sets of
contract documents. The CITY Procurement Department will reproduce documents and handle
the advertising, distribution, sale, maintenance of plan holder lists and other aspects of bid
document distribution.
Task 3.3 . Pre-Bid Conference
PROGRAM MANAGER shall conduct one prebid conference. CONSULTANT shall attend the
pre-bid conference and bid opening for each project.
Task 3.4 . Addenda Issuance
CONSULTANT shall provide, through PROGRAM MANAGER, timely responses to the inquiries
of prospective bidders by preparing written addenda. Format for addenda shall be as provided
to CONSULTANT by PROGRAM MANAGER. These queries and responses shall be
documented and a record of each shall be transmitted to PROGRAM MANAGER on a same
day basis. CONSULTANT shall prepare and distribute necessary addenda as approved by
PROGRAM MANAGER.
Task 3.5 - Bid Evaluation
Within five calendar days of receipt of bids, CONSULTANT shall evaluate the bids for
completeness, full responsiveness and price, including alternative prices and unit prices, and
shall make a formal recommendation to CITY regard to the award of contract. Non-technical bid
requirements shall be evaluated by others.
This scope of services includes no allowance for CONSULTANT's time to assist CITY in the
event of a bid protest. To the proportionate extent CONSULTANT's services are required in the
event of a bid protest, due to a direct action or lack thereof by CONSULTANT, CONSULTANT
shall participate in such activities at no additional cost to CITY.
Task 3.6 - Contract Award
CONSULTANT shall provide eight sets of Construction Contract Documents for execution by
COUNTY and the successful bidder within five calendar days of request by COUNTY.
Task 3.7 - As. Bid Contract Documents
After contract award and prior to the preconstruction conference, CONSULTANT shall prepare
As-Bid construction contract documents, which incorporate the following items into the
construction contract documents:
· Contractor's bid submittals, including but not limited to, bid proposal, insurance,
licenses, etc.
· Amend I modify front end documents and I or technical specifications to
incorporate changes made via contract addenda,
· Revise construction contract drawings to include modifications I revisions
incorporated via contract addenda.
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CONSULTANT shall prepare As-Bid construction contract documents and reproduce ten (10)
sets for distribution to PROGRAM MANAGER within ten (10) calendar days after the City
Commission approval I contract execution.
Deliverables- - Attend and participate in Pre-bid conferences and bid openings,
- Respond to questions from prospective bidders and prepare Addenda
for distribution by others,
- Prepare recommendation of award letter
- Prepare As-Bid contract documents, reproduce ten (10) sets and
forward to PROGRAM MANAGER.
Schedule:
- Upon receipt of Task 3 Bidding and Award Services Notice to Proceed
and within 64 working days from receipt of the Notice to Proceed (Bid
Packages A and B).
TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES
The CONSULTANT shall perform the following tasks associated with office administration
activities related to the construction of the Project(s). These tasks shall be performed during the
duration of all construction projects. Due to the extensive amount of detailed procedures
required to properly manage construction projects, PROGRAM MANAGER has developed a
Construction Management Manual (CMM) for the construction phase of the Infrastructure
Improvement Program, This manual will augment the general program guidelines established in
the Project Work Plan, as provided to CONSULTANT by PROGRAM MANAGER, at the
commencement of the Project, and provides uniform procedures and guidelines for managing
the interface between CITY, Contractors, PROGRAM MANAGER's field observation staff and
CONSULTANT, CONSULTANT's level of effort is based upon a construction duration period per
Bid Package as follows:
Bid Package Description
Bid Package A 7211d Street
Improvements at North Shore Park
Construction Duration (working days)
65
Bid Package B - North Shore
326
Task 4.1 - Pre-Construction Conferences: CONSULTANT shall attend a pre-construction
conference for each Project. PROGRAM MANAGER shall prepare and distribute meeting
minutes to all attendees and other appropriate parties. PROGRAM MANAGER shall issue a
Limited Notice to Proceed at the Pre-Construction Conference, A final Notice to Proceed shall
be issued upon receipt of a final schedule and procurement of all applicable construction
permits from the Contractor.
Deliverables: - Attend and participate in pre-construction conferences.
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Schedule:
- As scheduled by PROGRAM MANAGER after receipt of Task 4
Construction Management Services Notice to Proceed.
Task 4.2 - Weeklv Construction MeetinQs: CONSULTANT shall attend weekly meetings with
the Contractor, PROGRAM MANAGER and applicable CITY representatives on each Project.
The purpose of these meetings shall be to review the status of construction progress, shop
drawing submittals and contract document clarifications and interpretations. In addition, the
Contractor shall furnish a two-week look ahead work schedule to allow for proper coordination
of necessary work efforts, These meetings shall also serve as a forum for discussion of
construction issues, potential changes / conflicts and any other applicable matters. PROGRAM
MANAGER shall prepare and distribute meeting minutes to all attendees and other appropriate
parties,
Dellverables: - Attend and participate in weekly progress meetings with Contractors.
Schedule:
- Weekly throughout the project duration.
Task 4.3 - Requests for Information / Contract Document Clarification (RFls / COCs):
PROGRAM MANAGER will receive, log and process all RFls / COCs. Whenever an RFI
involves the interpretation of design issues or design intent, PROGRAM MANAGER shall
forward the RFI to CONSULTANT. CONSULTANT shall prepare a response in a timely matter
and return it to PROGRAM MANAGER. CONSULTANT may be requested by PROGRAM
MANAGER to prepare and forward COCs should certain items within the contract documents
require clarification.
Deliverables: - Respond to those RFls that involve design interpretations and return
to PROGRAM MANAGER's office. Issue COCs as required.
Schedule: - Ongoing throughout project construction duration.
Task 4.4 - Requests for Chanaes to Construction Cost and/or Schedule: PROGRAM
MANAGER will receive, log and evaluate all requests for project cost and/or schedule changes
from the Contractor. Changes may be the result of unforeseen conditions or interferences
identified by the Contractor during the routine progress of work, inadvertent omissions
(betterment) issues in the contract documents, or additional improvements requested by the
CITY or CONSULTANT after the project bid date. Regardless of the source, PROGRAM
MANAGER will evaluate the merit of the claim as well as the impact of the potential change in
terms of project cost and the schedule. PROGRAM MANAGER will review claims and / or
change order requests with CONSULTANT, No claims assistance services are included under
this task.
Dellverables: - Perform independent review of request for cost increase and/or time
extension.
- Coordinate and participate in meetings, as required, with PROGRAM
MANAGER, CITY and Contractor to resolve and/or negotiate the
equitable resolution of request.
Schedule:
- Prepare change order documentation.
- Ongoing throughout project construction duration.
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Task 4.5 - ProcessinQ of Shop DrawinQs: PROGRAM MANAGER will receive, log and
distribute shop drawings to CONSULTANT for its review. CONSULTANT shall have 14
calendar days from the time of receipt in its office, to review and return shop drawings to
PROGRAM MANAGER's office.
Deliverables: - Review Shop Drawings and return them to PROGRAM MANAGER's
office,
Schedule: - Ongoing throughout project construction duration.
Task 4.6 - Field Observation Services: PROGRAM MANAGER will provide field staff to
observe the construction of the work. CONSULTANT shall provide specialty site visits by
various design disciplines (civil, mechanical, landscaping) on an as requested basis. For the
purposes of this scope of services, it is assumed that a total of twelve (12) specialty site visits
are included,
Deliverables: - Provide up to twelve (12) specialty site visits.
Schedule: - Ongoing throughout project construction duration.
Task 4.7 - Proiect Closeout: Upon receiving notice from the PROGRAM MANAGER advising
the CONSULTANT that the Project is substantially complete, CONSULTANT, in conjunction
with appropriate CITY and PROGRAM MANAGER staff, shall conduct an overview of the
Project. The overview shall include development of a .punch list" of items needing completion
or correction prior to consideration of final acceptance, PROGRAM MANAGER shall develop
the list with assistance from CITY and CONSULTANT. The list shall be forwarded to the
Contractor. For the purposes of this provision, substantial completion shall be deemed to be the
stage in construction of the Project where the Project can be utilized for the purposes for which
it was intended, and where minor items not be fully completed, but all items that affect the
operational integrity and function of the Project are capable of continuous use,
Upon notification from PROGRAM MANAGER that all remaining .punch list" items have been
resolved, the CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER
staff, shall perform a final review of the finished Project. Based on successful completion of all
outstanding work items by the Contractor, CONSULTANT shall assist in closing out the
construction contract. The contract documents shall be structured to require the Contractor to
prepare the record drawings. CONSULTANT shall furnish the electronic drawing files to the
CITY for the Contractor's use. PROGRAM MANAGER shall certify the record drawings to the
various affected permitting authorities.
Deliverables: - Attend field meetings to review substantial completion and develop
.punch lists".
- Certify project completion to appropriate agencies.
Schedule:
- At the Substantial completion of project
TASK 5 - TRAFFIC STUDY
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The study is designed to provide an analysis of traffic conditions along Harding Avenue and
Collins Avenue from 72nd Avenue to 87th Avenue in the City of Miami Beach, The main focus is
to evaluate four alternatives and provide a recommendation on the most appropriate solution,
while providing CITY with enough quality information to come to a consensus, This project is
focused on working closely with the community, as well as FOOT.
The alternatives to be evaluated are as follows:
1. DPZ Alternative
2. (A) One Way Pair, 3 lanes to 2 (with frontage road)
(B) One Way Pair, 3 lanes to 2 (without frontage road)
3, Traffic Calming Alternative
Task 5.1 - Data Collection:
CONSULTANT will collect all data needed to perform the proper analysis and provide adequate
descriptions of existing conditions. Most of the speed data between 75th Street and 87th Street
will be provided by the City of Miami Beach. Corradino will collect the remaining data as
detailed below,
Deliverables:
- Count all signalized intersections (7161, 7200 75th 77th 8161, 85th) (12
counts)
- Count a sample of non-signalized intersections (6 total 3 on Collins,
3 on Harding)
Schedule:
- 20 working days from Kickoff Meeting
Task 5.2 - Preliminary Alternatives Analvsls:
CONSULTANT will assess the alternative of making Collins and Harding two-way streets. This
alternative will be further studied if it considered easily implemented, If not, the alternative will
be discarded.
Deliverables: - Memorandum preliminarily assessing the viability of this potential
alternative
Schedule:
- 20 working days from Kickoff Meeting
Task 5.3 - Traffic CalmlnQ Alternative:
CONSULTANT will recommend traffic calming alternatives as part of the existing conditions
analysis. A variety of potentially acceptable traffic calming alternatives will be described in
concept and located on a site aerial. Each alternative will be consistent with the Florida
Department of Transportation's (FOOT) transportation requirements to improve their chances
for FOOT approval.
Deliverables:
Existing conditions report
Map locating traffic calming devices
Description of palette of traffic calming alternatives
40 working days from Kickoff Meeting
Schedule:
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Task 5.4 - Alternatives Evaluation:
Each alternative will be evaluated for its ability to be implemented using a selection matrix with
six weighted, criteria. This will be used for a final recommendation on the most appropriate
alternative. The goal is to provide CITY with the necessary information to select the best
alternative, These evaluation criteria are as follows:
1, Cost
2. Effectiveness
3. Ability to Be Easily Implemented
4, Availability of Funding
5. Implementation Time Frame
6, Impact on Parking
Dellverables :
- Conceptual Costs.
Each alternative will be measured on its specific cost. Conceptual design
and construction costs will be provided using the existing plans.
- Assessment on how well each alternative fits the community's goals.
- Implementation Assessment of Alternatives 1 and 2 (A and B)
These will detail speeds, capacities, and land uses now and in the future
to determine the impact of the proposals. FSUTMS models will be run to
assist in determining the impact. The third traffic calming alternative will
be provided with a written and graphic description with analysis detailed
in negotiations with FOOT. This effort will be done in close coordination
with FOOT.
- Funding Availability.
The availability of funds (federal, state and local) as well as possible
grants will be researched and reported on.
Implementation Time Frame Assessment.
The speed at which these projects can be approved and put
on the appropriate (MPO and FOOT) work programs will be
assessed,
- Impact on Parking Analysis.
Brief parking analysis will be performed for each alternative, Much of the
existing information will already exist with the City from the on going
Parking Master Plan.
Schedule:
- 60 working days from the end of Task 5,3
Task 5.5 - Public Involvement:
At the conclusion of the alternatives assessment the project will be brought to the pUblic to build
consensus and final approval. Meetings will be held to solicit input from the community. The
culmination of the effort will be approval by City Commission.
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Dellverables :
- 1 public workshop
- 2 meetings with the Transportation and Parking Committee
- 1 Commission Workshop
- 1 Commission Meeting
Schedule:
- 40 working days from end of Task 5,4
Task 5.6 -Initiallmlementation Process:
After Commission approval the goal will be to gain MPO approval and inclusion on the MPO
work plan.
Dellverables : - MPO TPC meeting
- MPO meeting
-Inclusion on MPO Work Plan, (if approved)
Schedule: - Not Applicable
Task 5.7 - MeetlnQs:
The goal of this project is to assist in selecting the most appropriate alternative to achieve the
goals of the community, In order to perform this task close coordination between the project
team and with FOOT will be required, This partnership will provide the best opportunity for
success. CONSULTANT to meet with the project team twice per month and with the steering
committee once per month to provide updates. An FOOT representative should be included on
the steering committee. All other meetings have been specified above, but the actual number of
meetings included in the Consultant's anticipated level of effort are listed herein.
Deliverables :
- 12 Project team meetings
- 6 Steering committee meetings
- 4 FOOT 06 Traffic Operations meetings
- 3 FOOT 06 Planning meetings
- 2 TPC meetings
- 1 Commission workshop
- 1 Commission meeting
- 1 MPO TPC meeting
- 1 MPO meeting
TASK 6 . REIMBURSABLES
Task 6.1 - Reproduction Services:
CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports,
contract documents and miscellaneous items, as may be requested by CITY, Unused amounts
in this allowance shall be credited back to the CITY at the completion of the project.
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Task 6.2 - Travel and Subsistence:
CONSULTANT shall be reimbursed at the United States Internal Revenue Service established
rate for travel and subsistence, up to the maximum not-to-exceed amount as noted. Unused
amounts in this allowance shall be credited back to the CITY at the completion of the project.
Task 6.3 - Survevlna:
CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to prepare a
topographical survey of approximately 2,880 linear feet of right of way within the project limits
which meets the requirements of sub-task 2.1. Unused amounts in this allowance shall be
credited back to the CITY at the completion of the project, It is anticipated that the
CONSULTANT may be able to utilize an existing survey of the North Shore Park area to assist it
in its base map preparation. CITY shall provide an electronic copy of the North Shore Park
survey.
Task 6.4 - Geotechnical Evaluation
CONSULTANT shall conduct a preliminary field exploration program to identify typical
geotechnical conditions along the proposed pipeline corridor(s) and/or to ascertain the sub
surface conditions with respect to its drainage design. The program will consist of up to ten
shallow (5 feet depth) standard penetration borings. Asphalt pavement depth will be
determined to establish the existing thickness of asphalt at key locations. Actual locations shall
be as directed by CONSULTANT, as approved by the City.
Task 6.5 - Underaround Utility Verification:
CITY shall employ the services of an underground utility location service to perform vacuum
extraction excavations, in an effort to better identify existing underground conditions where work
is to be performed. Actual locations shall be as directed by CONSULTANT.
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Minimum Design Features To Be Shown On Drawings
CONSULTANT shall note that the following criteria indicate the minimum design standards to be
shown on drawings. CONSULTANT is encouraged to review and recommend changes as it
deems necessary, subject to the review and acceptance of the CITY and PROGRAM
MANAGER.
Paving, Grading and Drainage Plans
· Show existing grade/topography, centerline roadway, edge of pavement, back of
sidewalk, top of curb, gutter flow line
· Show proposed grade along the centerline of the road at 50 centers, limits of
road work, inlets, curb and gutter and sidewalk
· Show limits of demolition I removal
· Show limits of proposed work
· Identify all surface features of all existing and proposed work
· Identify driveway locations
· Identify proposed structures
· Identify linear footage of pipe, pipe invert elevation, diameter and material
Paving, Grading and Drainage Details
· Show proposed cross sections with topographical information at 50 foot stations
· Identify the following minimum information on cross sections:
Existing utilities
Proposed road slope, lane width, sidewalk width and surface features within
the right-of-way
Road construction details for the sub-base and base and asphalt
Proposed utility locations
· Conflict manhole detail
· Manhole details
· Driveway replacement section
· Catch basin details
· Exfiltration trench details
· Drainage pipe trench detail
· Restoration Details - All pipes
Roadway
Sidewalk
Curb and gutter
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Water Distribution and Sanitary Sewer Plans
General
· Identify existing utilities
· Show future utilities proposed by others
· Identify trees I landscaping to remain in place
Sanitary Sewer
· Manhole details
· Connection to existing manholes (precast I brick)
· Connection to existing service laterals and mainline
· Show sanitary sewer manhole I flow direction
· Show sanitary sewer (single service)
· Show sanitary sewer (double service)
· Show sanitary sewer pIpe diameter, linear feet, material and slope along pipe
length
· Show rim and pipe invert elevations on sanitary sewer manholes
· Indicate sanitary sewer (existing I proposed) clean out locations
· Indicate sanitary sewer service invert elevation at the right-of-way for new
services
Sanitary Sewer Profiles
· Identify sanitary sewer manhole number, rim elevation, invert elevations of
incoming and outgoing pipes
· Show sanitary sewer pipe diameter, linear footage and slope
· Show existing utilities, diameter, type and invert of pipe elevation
Water Distribution System
· Show location of single and double water meter boxes
· Identify fire hydrant assembly
· Identify fitting locations
· Identify limits of restrained joints
· Identify deflection limits
· Identify water sampling points
· Identify dead end blow-offs
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Corradino - No. 2
· Identify air release valves
· Identify pipe diameter and material
· Stationing
Pressure Pipe Profiles
· Show top of pipe elevation
· Identify location of air release valve at high points
· Identify vertical/ horizontal deflection and/or fittings
· Identify minimum cover requirements
· Provide details of major utility crossings
Jack and bore
Horizontal directional drilling
Subaqueous crossing
Aerial crossing
Culvert crossing
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Corradino - No. 2
North Shore Neighborhood
Sid Package A: 7200 Street Improvements at North Shore Park
Proposed Drawing List
DESCRIPTION SCALE NO. SHEETS
Key Sheet N/A 1
.
Typical section N/A 1
General Notes N/A 1
Summary of Quantities N/A 1
Site survey 1:20 5
Site Survey notes N/A 1
Roadway plans and profiles 1:20 5
Drainage Structures 1:5 (h&v) 10
Miscellaneous Details N/A 3
Traffic Control Plans 1:20 3
Sig. & Markings Quantities N/A 1
Signing and Marking plans 1:20 3
Lighting Quantities N/A 1
Pole Data sheet N/.A 1
Lighting plans Various 5
(maybe included on the roadway plans)
Lighting details N/A 1
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Corradino - No. 2
'.
I Drawing Title
I
Page 29 of 29
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North Shore Neighborhood
Sid Package S: North Shore
Proposed Drawing List
Corradino - No. 2
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Neighborhood 2 - North Shore
October 29, 2001
SCHEDULE B
PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE CORRADINO GROUP. INC.
CONSULTANT COMPENSATION
Please refer to the attached Schedule
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Neighborhood 2 - North Shore
October 29. 2001
SCHEDULE C
PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE CORRADINO GROUP. INC.
HOURLY BILLING RATE SCHEDULE
Classification Hourlv Billin!! Rate
Project Director $145.00 per hour
Project Manager $120.00 per hour
Sr. Engineer / Architect $103.00 per hour
Engineer I Architect $87.00 per hour
Staff Engineer $70.00 per hour
Designer $73.00 per hour
Drafter $52.00 per hour
Clerical $40.00 per hour
36
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Neighborhood 2 - North Shore
October 29, 2001
SCHEDULE D
PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE CORRADINO GROUP. INC.
PROJECT SCHEDULE
Task
1
2
3
4
5
6
Description:
Planning Phase Services
Design Phase Services
Bidding and Award Phase Services
Construction Phase Services
Additional Services
Reimbursables
Working days after Notice to Proceed
147 Days
93 Days
64 Days
65 Days
140 Days
N/A
37