EAC Consulting Agreement
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
EAC CONSULTING, INC.
,/
FOR
COMPLETION OF FINAL DESIGN AND ENGINEERING SERVICES
FORA
MODIFIED ROADWAY PROJECT
FOR
SR AlA/COLLINS AVENUE, FROM 5TH TO 15TH STREET
SOUTH BEACH
Date: February 2003
Neighborhood and Project Name Date
T ABLE OF CONTENTS
DESCRIPTION PAGE
ARTICLE 1 DEFINITIONS 2
1.1 City 2
1.2 City Commission 2
1.3 City Manager 2
1.4 Proposal Documents 2
1.5 Consultant 2
1.6 FDOT 3
1.7 City's Project Coordinator 3
1.8 Basic Services 3
1.9 The Project 3
1.9.1 Project Budget 3
1.9.2 Statement of Probable Construction Cost 4
1.10 Force Majeure 4
1.11 Construction Documents 4
1.12 Additional Services 4
1.13 Agreement Amendment 4
1.14 Base Bid 5
1.15 Schedules 5
1.16 Scope of Services 6
ARTICLE 2. BASIC SERVICES 6
2.5 Final Design/Construction Plans Services 7
2.6 Design Plan Review 7
2.7 CES/Summary of Pay Items 7
2.8 Special Provisions 7
2.9 Bidding and Award Services 8
2,10 Additional Services 8
2.11 Responsibility for Claims and Liabilities 8
2.13 Time 8
ARTICLE 3. THE CITY'S RESPONSIBILITIES 12
ARTICLE 4. RESPONSIBILITY FOR PROJECT BUDGET 16
ARTICLE 5. ADDITIONAL SERVICES 16
ARTICLE 6. COMPENSATION FOR SERVICES 17
ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS 18
ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS 18
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DESCRIPTION
PAGE
ARTICLE 9.
9.1
9.2
9.3
9.4
9.5
TERMINATION OF AGREEMENT
Termination for Cause
Termination for Convenience
Termination by Consultant
Implementation of Termination
Non-Solicitation
18
18
19
20
20
21
ARTICLE 10, INSURANCE
21
ARTICLE 11. INDEMNIFICATION
22
ARTICLE 12. VENUE
22
ARTICLE 13. LIMITATION OF LIABILITY
23
ARTICLE 14. MISCELLANEOUS PROVISIONS
23
ARTICLE 15, NOTICE
25
SIGNATURES
27
SCHEDULES
SCHEDULE "A" - SCOPE OF SERVICES
SCHEDULE "B" - CONSULTANT COMPENSATION
SCHEDULE "C" - SERVICES SCHEDULE
SCHEDULE "D" - PROJECT BUDGET
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29
30
31
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULT ANT
EAC CONSULTING, INC.
FOR
COMPLETION OF FINAL DESIGN AND ENGINEERING SERVICES
COLLINS AVENUE ROADWAY PROJECT, FROM 5TH TO 15TH STREETS
This Agreement made and entered into this _ day of , 2002, 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 EAC CONSULTING, INC., 815 NW 5ih Avenue,
Suite 402, Miami, Florida 33126, (hereinafter referred to as Consultant).
WIT N E SSE T H:
WHEREAS, the City intends to undertake a project within the City of Miami Beach,
which is more particularly described in Exhibit "A", attached hereto (the Project), and wishes to
engage the Consultant to provide architectural and/or engineering services for final
design/construction plans 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
engineering services for final design/construction plans relative to the Project, 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 governing and legislative
body of the City.
1.3 CITY MANAG~R. 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 No. 54-00/01, for Completion of Final Design and Engineering Services for a
Modified Roadway Project for Collins Avenue, from 5th to 15th Streets, 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 EAC Consulting, Inc., a
Florida corporation having its principal offices at 815 NW 5ih Avenue, Suite 402, Miami,
Florida 33126. 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 under the direction or control
of Consultant. Any sub consultants retained by Consultant pursuant to this Agreement and the
Project shall be subject to prior written approval of the City.
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The following sub-consultants were included in the Consultant's Proposal and are hereby
approved for the Project:
ConsulTech Engineering
Savino & Miller
Metec Group
(signing, pavement markings/MOT plans)
(landscaping plans)
(public involvement)
1.6 FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT). FDOT shall mean the
State agency responsible for all projects within the State roadway system. The Project is within
FDOT right of way, and the plans shall be completed in accordance with FDOT -approved
standards and specifications.
1.7 CITY'S PROJECT COORDINATOR. The "City's Project Coordinator" shall mean
the individual appointed by the City Manager who shall be the City-authorized representative to
coordinate, direct, and review on behalf of the City, all matters related to the Project, except as
otherwise provided herein.
1.8 BASIC SERVICES. "Basic Services" shall include the preparation of final design!
engineering plans, from the present 30% level of completion, for the bidding/award for the
Project, and public involvement services, as described in Article 2 herein and in Schedule "A"
entitled "Scope of Services", attached hereto.
1.9 THE PROJECT. The "Project" shall mean that certain City-modified SR AlA! Collins
Avenue Roadway Project, from 5th to 15th Streets, that has been approved by the City
Commission and described in Schedule "A," attached hereto.
1.9.1 PROJECT BUDGET. For the purposes of this Agreement, the "Project Budget"
shall mean the preliminary forecast of Overall Project Costs prepared by FDOT, as part
of its Joint Participation Agreement (IP A) with the City, as amended, and delineated in
Schedule "D," attached hereto.
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1.9.2 STATEMENT OF PROBABLE CONSTRUCTION COST. The "Statement
of Probable Construction Cost" shall mean a forecast of Project Construction Costs
prepared by the Consultant. The City and FDOT reserve the right to verifY the Statement
of Probable Construction Cost or detailed cost estimate by the Consultant, and negotiate
among them for the needed construction cost increases, if any.
1.10 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.
1.11 CONSTRUCTION DOCUMENTS. "Construction Documents" shall mean the final
plans, specifications, drawings, documents and diagrams submitted by the Consultant, and
approved by the City and FDOT.
1.12 ADDITIONAL SERVICES. "Additional Services" are nQt provided for as part of
this Agreement. If Additional Services are required, above and beyond the approved Project
Budget, such Additional Services/cost increase shall be duly negotiated by and between the City,
FDOT, and Consultant, and authorized in writing by the City and FDOT, via City Resolutions,
Joint Participation Agreement (JPA) Amendment, and an Amendment to this Agreement, as
needed, prior to commencement of same.
1.13 AGREEMENT AMENDMENT. "Agreement Amendment" shall mean the written
order to the Consultant approved by the City, as specified in this Agreement, and signed by the
City's duly authorized representative, authorizing a change in the Project's final design or
method and manner of performance thereof, or an adjustment in the fees and/or completion
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dates, as applicable. The City Commission shall also approve agreement Amendments, if they
exceed twenty-five thousand ($25,000.00), or the City Manager if they are twenty-five thousand
($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 Agreement Amendments for less than
twenty-five thousand ($25,000.00), the City Manager shall retain the right to seek and obtain
concurrence ofthe City Commission for the approval of any such Agreement Amendment.
1.14 BASE BID. "Base Bid" shall mean the elements contained in the Project Construction
Documents recommended by the Consultant and approved by the City and FDOT as being
within the Project Budget pursuant to the Statement of Probable Construction Cost provided by
Consultant. "Base Bid" shall not include "Additive Alternates" or "Deductive Alternates".
1.15 SCHEDULES. "Schedules" shall mean the various schedules attached to this Agreement
and referred to as follows:
Schedule "A" - Scope of Services: Includes all the Basic Services approved by City and
FDOT for the Project.
Schedule "B" - Consultant Compensation: The schedule of compensation to the
Consultant for Basic Services, as submitted by the Consultant and approved by the City
and FDOT.
Schedule "C" - Final Design Services Schedule: Upon receipt of a Notice to Proceed
from the City, Consultant shall update the original Draft Services Schedule and submit
copies of the updated version to the City, for attachment to this Agreement as Schedule
"e." Consultant shall furnish the City five (5) originals of the updated Final Design
Schedule.
Schedule "D" - Project Budget: A preliminary forecast of Collins Avenue Roadway
Project costs prepared by FDOT, as part of its Joint Participation Agreement (JPA) with
the City, dated June 14,2000, as amended on November 14, 2002.
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1.16 SCOPE OF SERVICES. "Scope of Services" shall mean the Project Scope as described
in Schedule "A", together with the Basic Services, Article 2 below.
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Proj ect as set forth hereafter. The
Services for this Project will be performed by the Consultant upon receipt of written Notice to
Proceed issued by the City Manager, or his designee. Consultant shall countersign the Notice to
Proceed.
2.2 The Consultant's Basic Services shall consist of AlE services relative to preparation of
final design/construction plans, and public involvement services, as described in attached
Schedule "A", "Scope of Services".
2.3 The Consultant shall coordinate with its sub-consultants and conform to all applicable
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 (FDOT), 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 of this
Agreement, and shall further take into account all known pending changes to the foregoing, of
which it should reasonably be aware.
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 of all plans,
specifications, cost estimates, and any and all documents prepared pursuant to this Agreement
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2.5 FINAL DESIGN/CONSTRUCTION PLANS SERVICES:
Consultant shall complete those certain FDOT final design/construction plan documents,
currently at 30% completion level, in accordance with City and FDOT -approved standards and
specifications, as shown in attached Schedule "A" entitled "Scope of Services". The FDOT
plan documents are known as Financial Project No. 250236-1-52-01, State Project No. 87060-
3581, Work Program Item (WPI) No. 6114413, dated FY 2000.
2.6 DESIGN PLANS REVIEW:
Consultant shall submit the final design documents for review by the designated City and FDOT
Project Coordinators, at 60%; 90%; and 100% completion, respectively, to ensure conformance
with City/FDOT standards and specifications. Consultant will submit the plans for approval by
all pertinent permitting agencies, including but not limited to the City, FDOT, Miami-Dade
County, and DERM. Consultant will also acquire all necessary permits.
2.7 c'E,S./SUMMARY OF PAY ITEMS:
Consultant shall prepare a summary of all pay items and quantities according to the FDOT Cost
Estimating System (CES). A summary of Pay Items computer output sheet shall be prepared at
the Phases II, III, IV and final plans for all components of the set of plans, as required by FDOT
specifications. The Consultant will provide the CES input sheets for the City and FDOT input in
the system.
2.8 SPECIAL PROVISIONS:
The Consultant shall provide Technical Special Provisions for all items of work not covered by
the FDOT Standard Specifications, Supplemental Specifications or Recurring Special Provisions.
The current Supplemental Specifications are accessible on the FDOT's mainframe computer.
Specifications should not be modified unless necessary to control Project specific requirements.
Each modification must be justified to the FDOT Specifications Office to be included in the
Project's Specifications Package as Technical Special Provisions. Technical Special Provisions
shall be submitted on standard size sheets, and shall be signed and sealed, for all components of
the set of plans.
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2.9 BIDDING AND AWARD SERVICES:
Consultant shall nQt provide bidding and award services, under this Agreement, but shall be
available to answer questions from designated City staff, if/as needed
2.10 ADDITIONAL SERVICES:
Consultant shall provide Additional Services only if previously negotiated and authorized in
writing by and between the City and FDOT, as stated in Article 1.12 and Article 5., herein, and
attached Schedule "A" entitled "Scope of Services".
2.11 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.
2.12 The Consultant shall perform the Services as expeditiously as is consistent with the
standard of professional skill and care required by this Agreement.
2.13 TIME. Notwithstanding the above subsection, the entire final design/construction plan
preparation process shall be completed within eleven (11) months from the receipt of a Notice to
Proceed to be issued by the City. It is understood that time is ofthe essence in the completion of
this Project, and in this respect the parties agree as follows:
2.14 The parties agree that the Consultant's Services will be performed in a manner that
shall conform to the approved Project Schedule. Upon receipt of a Notice to Proceed from the
City, Consultant shall update the original Draft Project Schedule and submit copies of the
updated version to the City, for attachment to this Agreement as Schedule "C". The Consultant
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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 umeasonably refuse to
approve such adjustment(s) to the Project Schedule if the request is made in a timely manner and
is fully justified.
2.15 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 Project Coordinator(s), and others that have been engaged to perform
Services and / or Work pertaining to the Project. While the Services to be provided by
Consultant under this Agreement will be provided under the general direction of the City's
Project Coordinator, it is the intent of this Agreement to allow the Consultant to coordinate the
performance of all design work to the extent such coordination by the Consultant is permitted by
this Agreement.
2.16 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.
2.17 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 FDOT, design
professionals, 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 Project Coordinator and/or FDOT Project Manager. 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
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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.
2.18 Consultant represents to City that all evaluations of the 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.
2.19 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.
2.20 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 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.
2.21 Consultant herein represents to City that it has expertise in the type of professional
services that will 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 shall 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.
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2.22 Consultant agrees not to divulge, furnish or make available to any third person, firm or
organization beyond FDOT, without 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-public information
concerning Services to be rendered by Consultant hereunder, and Consultant shall require its
employees, agents, sub consultants and subcontractors to comply with the provisions of this
paragraph.
2.23 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 Project Coordinator must comply with Agreement Amendment processing
requirements as outlined in Article 1.13 and Article 5, 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, 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 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 ofthe City shall be at Consultant's sole risk.
2.24 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.
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2.25 It is further the intent ofthis 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.
2.26 In the event Consultant is unable to timely complete the Project because of delays
resulting from untimely review by City or FDOT, 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 oftime for completion ofthe Project.
2.27 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,
in compliance with Article 1.13 and Article 5. 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;
c) The amount of compensation the City is obligated or committed to pay Consultant.
3,2 The City shall ensure that FDOT will provide the Consultant with copies of the following
Project documents: CADD files, lighting plans, traffic signal plans (for Collins Avenue and ih
Street), parking striping plans, all known underground utility locations, and estimated costs for
permitting, construction and construction engineering inspection (CEI) services.
3.3 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 and/or warranting as to the accuracy or completeness of such data, including any
information provided in the RFQ 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. If Consultant performs additional services without notifying
and obtaining written consent of the City and FDOT Project Coordinators, said work shall be
deemed to be within the original level of effort and deemed included as a Basic Service herein.
3.4 The City is herein providing Consultant with the FDOT-prepared Project Budget, as
shown in Schedule "D," attached hereto, but makes no warranty or representation as to the
validity or accuracy of same.
3.5 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 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 sub-consultants working on this
project for which Consultant has received payment from the City.
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3.6 If the City observes or otherwise becomes aware of any fault or defect in the Project or
non-conformance with the Agreement Documents, the City shall give prompt written notice
thereof to the Consultant.
3.7 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 and FDOT hereunder, during the
various stages of the Project, shall be unreasonably delayed or withheld; provided that the City
and FDOT shall at all times have the right to approve or reject any proposed submissions of
Consultant for any reasonable basis.
3.8 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.
3.8.1 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.
3.8.2 The City Commission shall be the body to consider, comment upon, or approve
any subcontracts made pursuant to this Agreement. Assignment and transfer shall be any
assignment, sale, transfer or subletting of this Agreement or any interest therein and
defined to include sale of the majority of the stock of a corporate Consultant.
3.8.3 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.
3.8.4 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.
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3.8.5 The City Commission shall approve or consider all Agreement 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).
3.9 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.
3.9.1 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.
3.9.2 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 budgets established by
this Agreement cannot be increased.
3.9.3 The City Manager, or his designee, shall be the sole representative of the City
authorized to issue a Notice to Proceed, as referenced in attached Schedule "A" entitled
"Scope of Services".
3.9.4 The City Manager may approve Agreement Amendments which do not exceed
the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be
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specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do
not increase any of the budgets established herein.
3.9.5 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 PROJECT BUDGET
4.1 The Project Budget, as established by the City and FDOT and stated in Schedule "D",
shall not be exceeded without fully justifiable, extraordinary and unforeseen circumstances, such
as Force Majeure, which is beyond the control ofthe parties. Any expenditure above this amount
shall be subject to prior City and FDOT approval by passage of an enabling City resolution, and
amendments to the appropriate agreements (JPA and Consultant) relative to the Project, prior to
any modification ofthe Project Budget.
4.2 Ifthe lowest bona fide base bid exceeds the Project Budget by more than five percent
(5%), the City Commission shall, at its sole discretion, have any of the following options: (1)
give written approval of an increase in the Project Budget; (2) reject all bids or proposals,
authorize rebidding, or (if permissible) authorize a renegotiation of the Project within a
reasonable time; or (3) select as many Deductive Alternatives as may be necessary to bring the
award within the Project Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 "Additional Services" are not provided for as part of this Agreement. If Additional
Services (if any) are required, above and beyond the Scope of Services and the FDOT-
approved fixed cost, such Additional Services/cost increase shall be duly negotiated by
and between the City, FDOT, and Consultant, and authorized in writing by City and
FDOT, via City Resolutions; JPA Amendment; and Agreement Amendment; as needed,
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Neighborhood and Project Name
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prior to commencement of same. Such authorization shall contain a description of the
Services required; the amended Agreement Cost Budget (if applicable); and an amended
completion date for the Project (if any).
ARTICLE 6, COMPENSATION FOR SERVICES
6.1 FIXED FEE. The Consultant shall be compensated for the Services to be provided
herein in an amount not to exceed One Hundred Ninety Three Thousand, Nine Hundred Eighty
Two and 00/1000 Dollars ($193,982), pursuant to Schedule "B," "Agreement Fee Computation
(Basic Services)." The City's Project Coordinator shall make payments for Basic Services
within forty-five (45) calendar days of receipt and approval of an acceptable invoice. No markup
shall be allowed on subcontracted Basic Services. 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.
6.2 Additional Services, if any, authorized in accordance with Article 5, will be compensated
as approved by City and FDOT. Request for payment of Additional Services shall be included
with the monthly Basic Services payment request noted in Article 6.1 above. All Additional
Services must be approved, in advance and in writing, by both the City and FDOT prior to
commencement of same, as noted in Article 5. No markup shall be allowed on subcontracted
Additional Services.
6.3 Method ofBillin~ and Payment. With respect to all Services, Consultant shall submit
billings on a monthly basis in a timely manner, in a format and content that will satisfy City and
FDOT requirements. In the event sub consultant work is accomplished utilizing the lump sum
method, the percentage of completion shall be identified. Billings shall also be itemized and
summarized by category. Consultant shall provide backup records for all Services, by category.
6.4 The City shall pay Consultant within forty-five (45) calendar days from receipt of
Consultant's proper statement.
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ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS
7.1 Consultant shall keep such records and accounts and reqUIre any and all sub-
consultants to keep such records and accounts as may be necessary in order to record complete
and correct entries as to charges 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 8, OWNERSHIP AND USE OF DOCUMENTS
8.1 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).
8.2 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 9, TERMINATION OF AGREEMENT
9.1 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
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Neighborhood and Project Name
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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.
9.1.1 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 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.
9.1.2 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 6 herein and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 6.
9.1.3 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.
9.1.4 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.
9.2 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
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Neighborhood and Project Name
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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 6. herein, and the City shall have no further liability for compensation,
expenses or fees to the Consultant, except as set forth in Article 6.
9.3 Termination by 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 6 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.
9,3.1 The Consultant shall have no right to terminate this Agreement for convenience of
the Consultant.
9.4 Implementation of Termination. In the event of termination, either for cause or for
convenience, the Consultant, upon receipt of the Notice of Termination, shall (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.
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9.5 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.
ARTICLE 10. INSURANCE
10.1 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)
(b)
J (c)
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.
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.
Worker's compensation and employer's liability coverage within the statutory
limits ofthe State of Florida.
10.2 The Consultant must give thirty (30) days prior written notice of cancellation or of
substantial modifications in the insurance coverage, to the City Manager.
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Neighborhood and Project Name
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10.3 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.
10.4 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 11. INDEMNIFICATION
In consideration of a separate and specific consideration of $10.00 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 ofthis Agreement as a result of any negligent acts, errors or omissions of the
Consultant, or the Consultant's sub-consultants, 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, error or omissions and shall defend all suits, in the name ofthe City,
its employees, agents and authorized representatives, when applicable, including appellate
proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon.
ARTICLE 12. VENUE
12.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal 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.
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Neighborhood and Project Name
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ARTICLE 13. LIMITATION OF LIABILITY
13.1 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 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 14. MISCELLANEOUS PROVISIONS
14.1 The laws of the State of Florida shall govern this Agreement.
14.2 Equal Opportunity Employment: 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, 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,
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Neighborhood and Project Name
Date
including apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative
Action Policy.
14.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to the City, may not submit a bid on a contract with the
City for the construction or repair of a public building or public work, may not 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 ofthe 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 debarment.
14.4 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.
14.5 The Consultant represents that it has made and will make reasonable investigation of all
sub consultants to be utilized in the performance of work under this Agreement to determine that
they possess the skill, knowledge and experience necessary 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.
14.6 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
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Neighborhood and Project Name
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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. 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.
14.7 This document incorporates and includes all pnor 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 15. NOTICE
15.1 All written notices given to City by Consultant shall be addressed to:
Fred Beckmann,
Director of Public Works
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Joseph W. Johnson III
City's Project Coordinator
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
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Neighborhood and Project Name
Date
All written notices given to the Consultant from the City shall be addressed to:
Enrique 'Rick' Crooks, P.E.
Project Manager
EAC Consulting, Inc.
915 NW 5ih Avenue, Suite 402
Miami, Florida 33126
With a copy to:
Harold Desdunes, P.E.
FDOT Proj ect Coordinator
Florida Department of Transportation, District Six
1000 NW 111 th Avenue
Miami, Florida 33172
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
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Neighborhood and Project Name
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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.
~r~Mck-
Attest:
CITY CLERK
Attest:
EAC CONSULTING, INC.
A~
Secretary
Company Seal
APPROVED AS TO
FORM & LANGUAGI
& FOR ECUTION
F:\WORK\$TRA \AMELIA \FD01\EACConsultingAgree,doc
27
SCHEDULE "A"
SCOPE OF SERVICES
PREPARATION OF FINAL DESIGN/CONSTRUCTION PLANS
FOR
A DRAINAGE, MILLING, RESURFACING, AND LIGHTING PROJECT
ON
SR AlA / COLLINS AVENUE
5TH TO 15TH STREETS
South Beach
CITY OF MIAMI BEACH, FLORIDA
SCOPE OF SERVICES
TABLE OF CONTENTS
DESCRIPTION
PAGE
Background
A. Objective
B. Project Proposal
c.E.S.lSummary of Pay Items
Special Provisions
I
I
2
3
3
I. Roadway Plans Package
A. General 4
B. Design Analysis 4
C. Drainage Analysis 5
D. Roadway Plans 6
E. Drainage Plans 6
F. Traffic Control Plans 6
G. Utili ties 7
H. Environmental ServicesIPermits 7
I. Signing and Pavement Markings 7
II. Signalization Plans
A. General 7
B. Engineering Analysis 8
C. Inventory of Equipment 8
D. Signal Interconnect 8
III. Lighting Plans
A. General 9
IV. Study Requirements and Provisions for Work
A. Governing Regulations 9
B. Project Schedule 11
C. Progress Reporting 11
D. Fixed Fee (Additional Services not included) 11
E. Meetings and Presentations 11
F. Quality Control 12
G. Correspondence 12
H. Liaison Office 12
I. Computer Automation 12
V. Public Involvement Program 14
SCOPE OF SERVICES
CONSULTING ENGINEERING SERVICES
for
Preparation of Final Design/Construction Plans for
A Drainage, Milling, Resurfacing, and Lighting Project
SR AlA/COLLINS AVENUE, FROM 5TH TO 15TH STREETS
BACKGROUND
For years, the Florida Department of Transportation (FDOT) had been plarming a
roadway reconstruction project for SR AlA/Collins Avenue, from 5th to 15th Streets -
the core of the City's Art Deco Historic District. FDOT's final design plans, at the 65%
completion level, included roadway reconstruction, installation of french drains, a one-
way plan for the crossing streets, and streetscaping and lighting features which were
being disputed by the City and the area stakeholders.
By mutual agreement between the City of Miami Beach (City) and FDOT, the City has
assumed the lead role in final design and implementation of the Project, in order to
modify the original plans, minimize the impacts to, and better serve the needs of the Art
Deco Historic District and its stakeholders. The City intends to bring the project's final
design plans back to the 30% level, and incorporate the changes envisioned by the City
and the community.
Although the City assumed the lead role, FDOT remains the major partner and sole
funder ofthe project, via Agreements with the City, as amended.
A. OBJECTIVE
The City of Miami Beach (CITY) desires to obtain assistance from EAC Consulting, Inc.
(EAC and/or Consultant) for the preparation of final design/construction plans,
beginning at the 30% level, for the Project.
The project is on a State Road and will be designed according to FDOT standards, and
City specifications, which are reflective of the character of the Historic District and its
intensive pedestrian activity. The CONSULTANT shall engineer this project to be
constructed with the least possible disruption to the stakeholders and traffic in the area.
1
B. PROJECT PROPOSAL
The Consultant shall produce a set of plans consisting ofthe following:
Q A drainage, milling, resurfacing, pavement marking (striping), lighting,
signalization, signage, and minor landscaping project for SR AlA/Collins Avenue
from 5th Street to 15th Street, according to FDOT's Resurfacing, Restoration and
Rehabilitation (RRR) standards, per City, FDOT, Miami-Dade County, and all
other relevant specifications.
Q The Consultant will return the existing FDOT plans to the 30% level, and complete
the plans according to this Scope of Services, which is provided as part of the RFQ
packet.
Q An assessment will be made to determine locations where sidewalk replacement is
needed, and where restoration is feasible.
Q A storm sewer system shall be designed to address poor drainage conditions at
critical intersections and provide effective drainage, by including deep wells, as
needed.
Q Special Lighting (acorn type), Signing and Pavement Marking will be planned
taking into account and reflecting the historic district's character and pedestrian
nature of the corridor.
Q New traffic signals will be planned and designed for the intersections of Collins
Avenue at 7th Street and 13th Street, due to the presence of public parking garages
and intense pedestrian activity.
Q Signalization plans for the intersections of Collins Avenue at 7th, 8th, and 13th
Streets, and any other intersections that may be affected by the introduction of the
one-way pairs or new signals. These plans will be developed to ensure proper
synchronization and traffic mobility.
Q Inclusion of the one-way pairs scheme, developed by the CITY's Transportation!
Concurrency Management Division, for the crossing streets, in order to achieve the
following:
a) improve traffic flow in the area by complementing the approved Ocean Drive
traffic management plan;
b) increase pedestrian safety; and
c) help maximize on-street parking opportunities.
Q Streetscaping where feasible,
2
o Consultant will submit the plans for approval by all pertinent permitting agencies,
including but not limited to the City, FDOT, and Miami-Dade County and DERM.
Consultant will also acquire all necessary permits.
o The entire final design/construction plan preparation process shall be completed
within eleven (11) months.
o The construction inspection phase is not included herein, and will be bid out as a
separate item, prior to Project construction.
o Consultant is required and expected to make presentations, answer questions, and
provide pertinent information regarding the Collins Avenue Project at several
community involvement meetings and workshops, during the Final Design!
Construction Plans preparation process. (For details, please refer to Page 13).
C.E.S.lSummary of Pay Items:
A summary of all pay items and quantities shall be prepared according to the FDOT Cost
Estimating System (CES). A Summary of Pay Items computer output sheet shall be
prepared at the Phases II, III, IV and [mal plans for all components of the set of plans.
The Consultant will provide the CES input sheets for the City and FDOT input in the
system.
Special Provisions:
The Consultant shall provide Technical Special Provisions for all items of work not
covered by the FDOT Standard Specifications, Supplemental Specifications or Recurring
Special Provisions. The current Supplemental Specifications are accessible on the
FDOT's mainframe computer. Specifications should not be modified unless necessary to
control project specific requirements. Each modification must be justified to the FDOT
Specifications Office to be included in the project's Specifications Package as Technical
Special Provisions. Technical Special Provisions shall be submitted on standard size
sheets, and shall be signed and sealed, for all components of the set of plans.
3
I. ROADWAY PLANS PACKAGE
,/~
A. General:
The Roadway Plans Package shall be prepared by the Consultant. This work effort
includes the roadway design and drainage analysis needed to prepare a complete set of
Roadway Plans, Drainage Plans, Traffic Control Plans, and other necessary documents,
calculations and incidental items to backup the design.
B. Design Analysis:
1 Typical Section Package. The Consultant shall prepare a Typical Section Design.
Package to be submitted to the City and FDOT for review and approval. This package
shall include the following:
Transmittal letter
Location Map (s)
Typical Section (s)
Data Sheet (s)
The Typical Section Design Package shall be submitted to the City and FDOT for
approval at the earliest possible date and prior to the Phase II roadway plan submittal
stage.
2. Geometrics _ The Consultant shall design the geometrics for the project using the
design standards that are most appropriate with proper consideration given to the design
traffic volumes, design speed, capacity and levels of service, functional classification,
adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and
bicycle concerns, ADA requirements, elder road user policy, access management, and
scope of work.
The design elements shall include, but not be limited to, the horizontal and
vertical alignments, lane widths, sidewalk widths, cross slopes, borders, sight distance
and lane transitions. The geometric design developed by the Consultant shall be an
engineering solution that is not merely an adherence to the minimum AASHTO and/or
FDOT standards.
3. DesiiPl Documentation Computation Book and Quantities. The Consultant shall
submit to the City and FDOT design notes and computations to document the design
conclusions reached during the development of the construction plans.
The design notes and computations shall be recorded on standard size
computation sheets, fully titled, numbered, dated, indexed and signed by the designer and
4
the checker. Computer output forms and other oversized sheets shall be folded to the
standard size. The data shall be in a hard back folder for submittal to the City and FDOT.
One copy of the design notes and computations shall be submitted to the City and
FDOT with the preliminary review plans. When the plans are submitted for final review,
the design notes and computations corrected according to City and FDOT comments shall
be resubmitted. At the project completion, a final set of design notes and computations,
signed by the Consultant, shall be submitted with the record set of plans.
The design notes and calculations shall include, but not be limited to the following data:
a. Design standards used for the project.
b. Pavement design computations.
c. Documentation of decisions reached resulting from meetings, telephone
conversations or site visits.
d. Calculations of quantities.
e. Drainage calculations.
f. Signalization and lighting calculations, traffic and signal timing/phasing.
g. Justification for any variation from standards.
C. Drainage Analysis:
1. The Consultant shall analyze all maintenance records for the corridor and determine
if any drainage problems exist. At locations where there are drainage problems, the
Consultant shall provide wells. The primary consideration in all these alternatives will be
to accomplish the least disruptive and most efficient system within the available right of
way. Deep drainage wells will be added as needed.
All design work shall be in compliance with the FDOT Drainage Manual; Florida
Administrative Code, chapter 14-86; and the requirements of the regulatory agencies,
including the City, Full documentation of all meetings and decisions are to be submitted
to the City and FDOT's Drainage Design section. These activities and submittals should
be coordinated through the City and FDOT Project Managers.
2. The Consultant will consider alternate culvert materials in accordance with Volume I
ofFDOT's Drainage Manual.
3. Prior to proceeding with the Drainage Improvements, the Consultant shall meet with
the FDOT Drainage Engineer and the City. The purpose of this meeting is to provide
s
information to the Consultant that will better coordinate the Preliminary and Final
Drainage Design efforts. This meeting is MANDATORY and is to occur within 30 days
after the Notice to Proceed is given to the Consultant.
4. The Consultant shall provide the City and FDOT District Drainage Engineer a
signed and sealed Drainage Design Report. It shall be a record set of all drainage
computations, both hydrologic and hydraulic. The engineer shall include all support data
such as soil borings and percolation tests.
D. Roadway Plans:
The Consultant shall prepare plan sheets, notes, and details to include the following: Key
Map, Typical Section sheet(s) with notes, Summary of Quantities sheet(s), Plan/Profile
Sheet(s), Summary of Pay Items, miscellaneous construction details, alignment control
and curve data, and any other detail sheets necessary to convey the intent and scope of
the project for the purposes of construction.
E. Drainage Plans:
The Consultant shall prepare plan sheets, notes, and details to include the following:
Drainage Structure sheet(s), Summary of Drainage Structure sheet(s) and Special
Drainage Detail sheet(s).
F. Traffic Control Plans:
1. Traffic Control Analysis. The Consultant shall design a safe and effective Traffic
Control Plan to move vehicular and pedestrian traffic during all phases of construction.
The design shall include construction phasing of roadways, ingress and egress to existing
property owners and businesses, routing, signing and pavement markings, and detour
tabulations. Special consideration shall be given to the construction of the drainage
system when developing the construction phases. Positive drainage must be maintained at
all times.
The Consultant shall investigate the need for temporary traffic signals, alternate detour
roads, and the use of materials such as sheet piling in the analysis. The Traffic Control
Plan shall be prepared by a certified designer who has completed the Department's
training course, and in accordance with FDOT's Roadway and Traffic Design Standards
and the Roadway Plans Preparation Manual.
2. Traffic Control Plans _ The Consultant shall prepare plan sheets, notes, and details to
include the following: Typical Section sheet(s), General Notes and Construction
Sequence sheet(s), Typical Detail sheet(s), Tabulation of Quantities sheet(s), Traffic
Control Plan sheet(s), Signing and Pavement Marking sheet(s) and Temporary
Signalization sheet(s).
6
G. Utilities:
1. Coordination with Utility Companies. The Consultant will be responsible for providing
technical data at a Utility Pre-Design Conference arranged by the City. The purpose will
be to determine the effects the project will have on existing and proposed facilities. This
allows the utility representatives to provide input into the development of the roadway
plans. The existing utilities shall be shown on the plans.
2. Prt<rare Utility Relocation Agreements - The City and FDOT shall prepare utility
relocation agreements. However, the Consultant shall make every effort to avoid any
conflict with the existing utilities during the design process.
H. Environmental Services/Permits:
Both the FDOT District 6 Environmental Management Office (EMO) , and the City
Environmental Division will review the project for environmental concerns and will be
responsible for obtaining any required environmental permits. The Consultant shall
implement comments brought forth by the EMO and City and provide notes to the plans
as directed by the EMO.
I. Signing and Pavement Markings:
General: The Consultant shall prepare plan sheets, notes, and details to include the
following: Key Sheet, Tabulation of Quantities sheet(s) with the quantities tabulated by
sheet, General Note sheet(s), Plan Sheet(s), Guide Sign Detail sheet(s), Sign Cross
Section and Layout sheet(s), Special Marking Detail sheet(s). Signs and pavement
markings shall be designed in accordance with the elder road user policy.
The Consultant shall also provide for lighted overhead signing (truss or cantilever) and/or
overhead span wire signing if required.
The Consultant shall be responsible for the design of any sign support to be built
integrally with the structures included in this scope. The Consultant shall show all details
(anchor bolt size, bolt circle, bolt length, etc.) as well as all design assumptions (wind
loads, moments, torsion, etc.) used in arriving at those details. (The FDOT Structures
Design office has computer programs available to the Consultant for the design of
cantilever and truss supports, if needed).
II. SIGNALIZATION PLANS
A. General:
The Consultant shall prepare contract plan sheets, notes, and details to include the
following: Key Sheet, Tabulation of Quantities sheet(s), General Note sheet(s),
7
Signalization Plan sheet(s), Signal Interconnect Plan detail(s), Pole detail(s), and special
detail(s).
The Consultant shall plot existing and proposed topography, existing utilities (above and
below ground), storm sewers, right-of-way, and proposed improvements. In addition the
Consultant shall prepare quantities and pole schedules (including any design
calculations),
B. Engineering Analysis:
The Consultant shall design the pole and signal head system. (The FDOT Structure
Design office has a computer program available to the Consultant for this analysis, if
needed).
C, Inventory of Equipment:
The Consultant shall collect information from the maintaining agencies and conduct a
field review to complete a list of all existing traffic signal equipment at the locations
listed for submittal to the City and FDOT. The inventory shall include the following:
1. Existing signal and pedestrian phasing.
2. Controller make, model, capabilities and condition.
3. Coordinator make, model, capabilities and condition.
4. Weekly program unit make, model, capabilities and condition.
5. Interconnect media.
6. Distance between intersections.
7. For existing computerized signal systems inventory the computer interface
equipment make, model, capabilities and condition. Testing of components is not
required.
8. Controller timing data.
D. Signal Interconnect:
The Consultant shall determine the needs of the signal interconnection system. The
Consultant shall identify all usable and replacement interconnection and shall submit
design cable (interconnect) plans.
8
III. LIGHTING PLANS
A. General:
Q The Consultant shall prepare a complete set of Roadway Lighting Plans in accordance
with Chapter 7 of the FDOT Plans Preparation Manual and Miami-Dade County
Lighting Standards.
Q The plans shall incorporate the light fixture type to be selected and approved by the
City, which will be reflective ofthe character of the Art Deco Historic District.
Q The Consultant shall provide all lighting plans including: Key Sheet, Tabulation of
Quantities sheet(s), Pole Data and Legend sheet(s), Lighting Plan sheet(s), Service
Point Detail sheet(s), and Special Detail sheet(s).
Q The Consultant shall prepare the lighting poles spacing calculations based on the
following variables: typical section, mounting height, mast arm length and type of
luminary, and possible conflicts/obstructions.
Q The Consultant shall coordinate with the City and FDOT and adjacent section design
firms to ensure consistency in the design of lighting appurtenances
Q The Consultant shall submit a lighting report, which shall include: Project Description
Design Criteria, Proposed Lighting System, and Voltage Drop calculations for
approval by the City and FDOT.
IV. STUDY REQUIREMENTS AND PROVISIONS FOR WORK
A. Governing Regulations:
The services performed by the Consultant shall be in compliance with all applicable
FDOT Manuals and Guidelines. The FDOT's Manuals and Guidelines incorporate by
requirement or reference all applicable State and Federal regulations. The current edition,
including updates, of the following FDOT Manuals and Guidelines shall be used in the
performance of this work.
1. Project Development and Environmental Manual.
2. Roadway Plans Preparation Manual.
3. FDOT Roadway Traffic and Design Standards
4. Manual of Uniform Minimum Standards for Design, Construction
Maintenance for Streets and Highways.
9
5. FDOT Bicycle Facilities Planning and Design Manual.
6. FDOT Right-of-Way Mapping Handbook.
7. FDOT Right-of-Way Mapping CADD Handbook.
8, FDOT Location Survey Manual.
9. FDOT EFB User Guide.
10. FDOT Drainage Manual-Standards.
11. FDOT Outline Specifications -Aerial Surveys / Photogrammetry.
12. FDOT Soils and Foundations Manual.
13. FDOT Structures Design Guidelines.
14. FDOT Computer Aided Design and Drafting (CADD) Roadway
Standards Manual.
15. FDOT Roadway CADD Handbook
16. Florida's Level of Service Standards and Guidelines Manual for
Planning.
17. Equivalent Single Axle Load Guidelines.
18. Design Traffic Procedure.
19. FDOT K-Factor Estimation Process.
20. Project Traffic Forecasting Guidelines.
The following provisions shall apply:
1. Signin~ and Markin~ Plans
All plans are to be prepared in accordance with the latest design standards and
practices (Manual on Uniform Traffic Control Devices), FDOT Standard
Specifications, Indexes, FDOT Plans Preparation Manual, and instructions issued
by City and FDOT to the Consultant, and shall be accurate, legible, complete in
design and drawn to the scale as directed by FDOT and furnished in reproducible
form,
1()
2. Traffic Signal Plans
All plans are to be prepared in accordance with the latest design standards
adopted by FDOT and Miami-Dade County, and instructions issued by City and
FDOT to the Consultant, and shall be accurate, legible, complete in design and
drawn to the scale as directed by FDOT and furnished in reproducible form.
3. Li~hting Plans
All plans are to be prepared in accordance with FDOT design standards, City and
FDOT Standard Specifications, City of Miami Beach and Miami-Dade County
requirements, FDOT Plans Preparation Manual, and instructions issued by the
City and FDOT to the Consultant, and shall be accurate, legible, complete in
design and drawn to the scale as directed by FDOT, and furnished in reproducible
form.
B. Project Schedule:
Within ten (10) days after the Notice- To-Proceed, the Consultant shall provide a schedule
of calendar deadlines accompanied by an anticipated payout curve. The schedule and
anticipated payout curve shall be prepared in a format prescribed by the City.
C. Progress Reporting:
The Consultant shall meet with City and FDOT on a monthly basis and provide written
progress reports, which describe the work performed on each task. Progress reports shall
be delivered to the City and FDOT concurrently with the monthly invoice. Judgment on
whether work of sufficient quality and quantity has been accomplished will be made by
the City and FDOT Project Managers by comparing the reported percent complete
against actual work accomplished.
D. Fixed Fee:
A fixed fee, as amended, has been provided by FDOT for the Completion of Final Design
and Engineering Services for the Project. "Additional Services" are not provided for as
part of this Agreement. If additional services are required, above and beyond the
approved Scope of Services and the FDOT -approved fixed cost, such additional
services/cost increase shall be duly negotiated by and between the FDOT, City, and
Consultant, and authorized in writing by FDOT and City, via Resolutions, JP A
Amendment, and Agreement Amendment (as needed) prior to commencement of same.
E. Meetings and Presentations:
The Consultant shall attend a Notice- To-Proceed Meeting with City and FDOT
representatives, where relevant project information will be provided by the City and
FDOT, along with procedures for administering the contract. The Consultant and his staff
shall also be available with no more than a five-(S) workday notice to attend meetings or
11
make presentations at the request of the City and FDOT. Such meetings and
presentations may be held at any hour between 8:00 A.M. and 12:00 midnight on any day
of the week. The Consultant may be called upon to provide maps, press releases,
advertisements, audiovisual displays and similar material for such meetings.
F. Quality Control:
The Consultant shall be responsible for the professional quality, technical accuracy and
coordination of all designs, drawings, specifications and other services furnished by the
Consultant under this contract.
The Consultant shall provide a Quality Control Plan, which describes the procedures to
be utilized to verifY, independently check, and review all design drawings, specifications,
and other documentation prepared as a part of the contract. The Consultant shall describe
how the checking and review processes are to be documented to verifY that the required
procedures were followed. The Quality Control Plan may be one utilized by the
Consultant as part of their normal operation or it may be one specifically designed for
this project. The Consultant shall submit a Quality Control Plan for approval within 20
(twenty)-calendar days ofthe written Notice to Proceed. A marked up set of prints from a
Quality Control review will be sent in with each phase review submittal. The responsible
Professional Engineer or Professional Surveyor that performed the Quality Control
review will sign a statement certifYing that the review was conducted.
The Consultant shall, without additional compensation, correct all errors or deficiencies
in the designs, drawings, specifications and/or other services.
G. Correspondence:
Copies of all written correspondence between the Consultant and any party pertaining
specifically to this contract shall be provided to the City and FDOT for their records
within one (1) week of the receipt or mailing of said correspondence.
H. Liaison Office:
The City, FDOT and the Consultant will designate a Liaison Office and a Project
Manager who shall be the representative of the their respective organizations for the
Project. While it is expected the Consultant shall seek and receive advice from various
state, regional, and local agencies, the final direction on all matters of this project remain
with the City and FDOT Project Managers.
I. Computer Automation:
The project may be developed utilizing computer automation systems in order to
facilitate the development of the contract plans. Various software and operating systems
were developed to aid in assuring quality and conformance with Department of
12
Transportation policies and procedures. Seed Files, Cell Libraries, User Commands,
MDL Applications and related programs developed for roadway design and drafting are
available in Intergraph / Microstation format. However, it is the responsibility of the
Consultant to utilize current FDOT releases of all CADD applications.
The Consultant's role and responsibilities are defined in the FDOT's CADD
ROADWAY STANDARDS MANUAL. The Consultant will be required to submit
final documents and files which shall include complete CADD design & coordinate
geometry files in Autocad 14 format, as described in the above referenced document.
The archived submittal shall also include either a TIMS database file, CADD Index file
(generated from RDMENU) or documentation that shall contain the project history, file
descriptions of all (and only) project files, reference file cross references, and plotting
criteria (e.g. batch, level symbology, view attributes, and display requirements). A
printed directory of the archived submittal shall be included.
Projects developed in metric units must use the following working units:
o master units of meters.
o sub units of 1000.
o positional units of 4.
The global origin will be in the lower left hand comer of the design plane. The working
area is meters square. This insures that:
o all work is accurate to a millimeter with round off.
o any of Florida's three State Plane Coordinate System metric values can
be stored in the CADD file.
. EFB, CAiCE and GEOP AK coordinate geometry files are compatible.
13
V. PUBLIC INVOLVEMENT PROGRAM
Consultant is required and expected to make presentations, answer questions,
and provide pertinent information regarding the Collins Avenue Project at several
community involvement meetings (PIP), during the final design/construction plans
preparation/ environmental permitting process. The following activities will apply:
o Meet with the City and FDOT Project Managers as needed.
o Meet with a City-designated Project Steering Committee, as designated by the
City Project Manager.
o Meet with a Collins Avenue Task Force at a date to be designated by the City
Project Manager.
o The Project Steering Committee shall determine when the first of three (3) public
meetings will be held by Consultant.
o The additional two (2) public meetings shall be held when the project plans are
respectively at 60%, and between 90% and 100% levels of completion.
o Meet once or twice with the City's Transportation and Parking Committee to
present the project and answer questions; a second meeting will be held, if
needed.
o Meet once with City Commission to present the project and answer questions.
There will be a maximum of twelve (12) meetings for the life of this Final Design
phase of the Collins Avenue Roadway Project.
IICH2IVOLl IWORKI$TRA \AMELIA \FD01\SCOPEOFSERVICES,doc
14
Neighborhood and Project Name
Date
SCHEDULE "B"
PROFFESIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH
AND EAC CONSULTING, INC.
CONSULTANT COMPENSATION (FIXED FEE)
As agreed to by and between the City, FDOT, and Consultant
Please refer to the attached Schedule "B"
29
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Neighborhood and Project Name
Date
SCHEDULE "C"
PROFFESIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH
AND EAC CONSULTING, INC.
FINAL DESIGN PROJECT SCHEDULE
Please refer to the attached Schedule "c"
Upon receipt of a Notice to Proceed from the City, Consultant shall update the original Draft
Project Schedule and submit copies of the updated version to the City, for attachment to this
Agreement as Schedule "e." Consultant shall furnish the City five (5) originals of the updated
Project Schedule).
A Notice to Proceed will be issued to the Consultant, after the City receives from FDOT a fully
executed copy of Amendment One to the Joint Participation Agreement (JP A), which funds the
Collins Avenue, 5th_15th Street Project.
30
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Neighborhood and Project Name
Date
SCHEDULE "D"
PROFFESIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH
AND EAC CONSULTING. INC.
PRELIMINARY PROJECT BUDGET
DESIGN AND CONSTRUCTION COST PROVIDED BY FDOT
Please refer to the attached Schedule "D"
31
~
DESIGN AND CONSTRUCTION COST
ACTIVITY DESCRIPTION
ST ATE FUNDS
RoadwaylMOT (180 days)
$1,379,027.05
SigninglMarking Plans
$101,530.87
Lighting
PAID FOR UNDER LAP AGREEMENT
Signalization
$86,044.20
Landscaping
$6,120.00
SUBTOTAL $1,572,722.12
CEI COST 15% OF CONSTRUCTION COST $235,908.32
Public Involvement Cost $150,000.00
TOTAL COST ~1.958.630.44
TOTAL CONSTRUCTION COST ~1.958.630.44
DESIGN COST
Revised Design & Public Involvement
$193,982.00
Design & Public Involvement Contingency
$56,018.00
TOTAL STATE FUNDS (Construction & Design)= $2,208,630.44
GRAND TOTAL J p~
(Construction Cost + Design Cost) =
$2.208.630.44
Lighting (Construction & CEI Under LAP Agreement)= $513.065.00
+
:#v./ 7';}'/, r:!l '16. tf'(
Composite
Exhibit "0"
\'-'
ACORD. CERTIFICATE OF LIABILITY INSURANC~cg6~~ T~ DATE (MMlDDNYI
02/12/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Kahn-Carlin & Company, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3350 s. Dixie Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami FL 33133-9984
Phone: 305-446-2271 Fax: 305-448-3127 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Assurance Company of America
INSURER B: Hartford Casualty Insurance Co
EAC consultin~,Inc. INSURER C: Lexinqton Insurance Comcanv
Nelson SabbaX
815 NW 57th venue #402 INSURER 0:
Miami FL 33126
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ArfY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO \M-IICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Ilrf~ TYPE OF INSURANCE POLICY NUMBER DX~lr'MiliD'5'ryW I rD'kTE\MM/DDNY" LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
- 05/01/03
A X COMMERCIAL GENERAL LIABILITY Q09106516 05/01/02 FIRE DAMAGE (Anyone fire) $1,000,000
I CLAIMS MADE ~ OCCUR MED EX? (Anyone person) $ 10,000
X Contractual PERSONAL & ADV INJURY $.!.... OOO.,Q,OO __
I-- ---------.--'.,- .----.- -_.._-------_..._-
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PROOUCTS-COM~OPAGG $ 2 ,000,000
I POLICY n ~~8r nLOC
AUTOMOBILE LIABILITY COMBINED SNGLE LIMIT
- $1,000,000
A ANY AUTO Q09106516 05/01/02 05/01/03 (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- $
-.!. NON.O_ED AUTOS (Per accK:lent)
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
:=J OCCUR D CLAIMS MADE AGGREGATE $
$
~ ~EDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I fd'R~'tt~YTSI IU~~'
B EMPLOYERS' LIABILITY 21WBCGE043 04/22/02 04/22/03 E.L. EACH ACCIDENT $ 500,000
E.L. DISEASE - E.4. EMPLOYEE $ 500,000
E.L. DISEASE. POLICY LIMIT $ 500,000
OTHER
C Professional 0442259 04/08/02 04/08/03 Limi t 1,000,000
Liabilitv Aaareaate 1,000,000
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS
RE:Collins Avenue 5th to 15th street
Certificate Holder & City of Miami Beach are named as additional Insureds.
CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
CITY-22 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City Hall/ Transportation & DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Concurrency Management Divisio NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
4th Floor IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
1700 Convention Center Dr
Miami Beach FL 33139 REPRESENTATIVES. /". ." . ~
AUTHORI2EDREPRESENTA~11 y[-W ~.. ~ k "En P
I Albert H. Kahn
ACORD 25-8 (7/97) @J cmili"c OR 88
l
ACORDN CERTIFICATE OF LIABILITY INSURANC~c86~~ T~ DATE (MMlDDNY)
02/12/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Kahn-Carlin & Company, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3350 S. Dixie Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami FL 33133-9984
Phone: 305-446-2271 Fax: 305-448-3127 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Assurance Company of America
INSURER B: Hartford Casual tv Insurance Co
EAC consultin~,Inc. INSURER C: Lexington Insurance Company
Nelson SabbaX
815 NW 57th venue #402 INSURER D:
Miami FL 33126
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I'~fi\' TYPE OF INSURANCE POLICY NUMBER D)(~lrc'MM1DDNW I COATE MMIDDNYl LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
- 05/01/02 05/01/03
A X COMMERCIAL GENERAL LIABILITY Q09106516 FIRE DAMAGE (Anyone fire) $ 1,000,000
I CLAIMS MADE [!] OCCUR MED EX? (Anyone person) $ 10,000
X Contractual PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
-
GEN'L AGGREGATE LIMIT APnS PER: PRODUCTS-COM~OPAGG $2,000,000
I n PRO-
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $ 1,000,000
A ANY AUTO Q09106516 05/01/02 05/01/03 (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- $
...!. NON.O\M\lED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
:=J OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I f'6'R~'d~Y;:s I IU~~'
B EMPLOYERS' LIABILITY 21WBCGE043 04/22/02 04/22/03 EL. EACH ACCIDENT $ 500,000
EL. DISEASE - EA EMPLOYEE $ 500,000
EL. DISEASE. POLICY LIMIT $ 500,000
OTHER
C Professional 0442259 04/08/02 04/08/03 Limi t 1,000,000
Liabilitv Aqqreqate 1,000,000
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDEO BY ENDORSEMENTISPECIAL PROVISIONS
RE:Collins Avenue 5th to 15th Street
Certificate Holder & City of Miami Beach are named as additional Insureds.
CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
CITY-22 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
city Hall/ Transportation & DATE THEREOF. THE ISSUING INSURER WILL ENOEAVOR TO MAIL ...3L DAYS WRITTEN
Concurrency Management Divisio NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Attn: Amelia Johnson 4th FL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
1700 Convention Center Dr
Miami Beach FL 33139 REPRESENTATIVES. ~ ^
AUTHORIZED REPRESENTATlt t :!lXj~ - ..../ rYQ 1 ~
I Albert H. Kahn L-
ACORD 25-5 7/97 @ACORDCOFP01iOCl10N 1988