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Agreement Perkins & Will AGREEMENT BETWEEN CITY OF MIAMI BEACH AND PERKINS & WILL ARCHITECTS INC. FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING (A / E) SERVICES FOR THE MULTI-PURPOSE MUNICIPAL PARKING FACILITY PROJECT JULY 2004 S-MPMPF-03b-06172004-DS-OI Miami Beach Multipurpose Municipal Parking Facility Project July 2004 TABLE OF CONTENTS DESCRIPTION ARTICLE 1 DEFINITIONS 1.1 City 1.2 City Commission 1.3 City Manager 1.4 Proposal Documents 1.5 Consultant 1.6 City Project Coordinator 1.7 Program Manager 1.8 Basic Services 1.9 The Project 1.9.1 The Project Cost 1.9.2 The Project Scope 1.10 Construction Cost 1.10.1 Construction Cost Budget 1.10.2 Statement of Probable Construction Cost 1.11 Force Majeure 1.12 Contractor 1.13 Contract Documents 1.14 Contract for Construction 1.15 Construction Documents 1.16 Contract Amendment 1.17 Additional Services 1.18 Work 1.19 Services 1.20 Base Bid 1.21 Schedules 1.22 Scope of Services PAGE 2 2 2 2 2 2 3 3 3 4 4 4 4 4 5 5 5 5 6 6 6 6 6 6 7 7 7 ARTICLE 2. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 BASIC SERVICES Planning Services Design Services Bidding and Award Services Construction Phase Services Additional Services Responsibility for Claims and Liabilities Time 8 9 9 9 9 9 9 10 ARTICLE 3. THE CITY'S RESPONSIBILITIES 15 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 18 ARTICLE 5. ADDITIONAL SERVICES 19 ARTICLE 6. REIMBURSABLE EXPENSES 20 11 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 ARTICLE 7. COMPENSATION FOR SERVICES 22 ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 24 ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 25 ARTICLE 10. TERMINATION OF AGREEMENT 10.1 Termination for lack of Funds 10.2 Termination for Cause 10.3 Termination for Convenience 10.4 Termination by Consultant 10.5 Implementation of Termination 10.6 Non-Solicitation 25 25 25 26 27 27 28 ARTICLE 11. INSURANCE 28 ARTICLE 12. INDEMNIFICATION 28 ARTICLE 13. VENUE 29 ARTICLE 14. LIMITATION OF LIABILITY 30 ARTICLE 15. MISCELLANEOUS PROVISIONS 31 ARTICLE 16. NOTICE 33 SCHEDULES: SCHEDULE A SCOPE OF SERVICES SCHEDULE B CONSULTANT COMPENSATION SCHEDULE C HOURLY BILLING RATE SCHEDULE D PROJECT SCHEDULE SCHEDULE E ALTERNATE SCOPE OF SERVICES SCHEDULE F ALTERNATE CONSULTANT COMPENSATION 35 36 37 38 39 40 iii Miami Beach Multipurpose Municipal Parking Facility Project July 2004 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT PERKINS & WILL ARCHITECTS INC. FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING (AlE) SERVICES FOR THE MULTI-PURPOSE MUNICIPAL P ARKING FACILITY PROJECT This Agreement made and entered into this _ day of , 2004, 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 PERKINS & WILL ARCHITECTS, INC., a Florida corporation having its principal office at 999 Ponce de Leon Boulevard, Suite 915, Coral Gables, Florida 33134 (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 this Agreement and the attached Schedule "A", and wishes to engage the Consultant to provide architecture, landscape architecture, and/or engineering services for the Project at the agreed fees as set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of architectural, landscape architectural, and/or engineering and related professional services relative to the Project, as hereinafter set forth. Miami Beach Multipurpose Municipal Parking Facility Project July 2004 NOW THEREFORE, City and Consultant, in consideration ofthe mutual covenants and agreements herein contained, agree as follows: 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 governmg and legislative body of the City. 1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized designees, including the Project Coordinator and / or Program Manager, 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. 69-02/03 TO PROVIDE ARCHITECTURAL, ENGINERING, DESIGN, AND CONSTRUCTION ADMINISTRATION SERVICES NEEDED TO PLAN, DESIGN, AND CONSTRUCT A MULTIPURPOSE MUNICIP AL P ARKING FACILITY ON THE CURRENT SITE OF THE CITY HALL SURFACE PARKING LOT 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 Perkins & Will Architects Inc., a Florida corporation having its principal offices at 999 Ponce de Leon 2 Miami Beach MultipUlpose Municipal Parking Facility Project July 2004 Boulevard, Suite 915, Coral Gables, Florida 33134. 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 subconsultants retained by Consultant pursuant to this Agreement and the Project shall be subject to prior written approval of the City. The following subconsultants were included in the Consultant's Proposal and are hereby approved by the City for the Project: Traffic Consultant: David Plummer & Associates Cost Estimator: Post, Buckley, Schuh & Jernigan, Inc. Mechanical/Electrical/PlumbinglFire Protection Engineering Consultants: Johnson, Avenado, Lopez, Rodriguez & Walewski Eng. Group. Structural Engineers: Donnell, Duquesne & Albaisa, P.A. Civil Engineers: Edwards & Kelsey Landscape Architect: Savino and Miller Design Studio 1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project, except as otherwise provided herein. 1.7 PROGRAM MANAGER: The City has contracted the servIces of URS CORPORATION to act as Program Manager for the City's Parks and Facilities Improvements Program (Program), of which this Project is a part. URS will function as a representative of the City in performance of its Program Management role, as detailed in Schedule "A" entitled "Scope of Services", attached hereto. 1.8 BASIC SERVICES: "Basic Services" shall include the architectural, landscape architectural, and/or engineering and related professional services relative to the Project, as hereinafter set forth, including: planning, design, bidding/award, and construction i administration for the Project, as described in Article 2 herein and in Schedule "A" entitled "Scope of Services" attached hereto. 3 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 1.9 PROJECT: The "Project" shall mean the City Capital Project named the "Multi-Purpose Municipal Parking Facility Project" that has been approved by the City Commission and as described in Schedule "A" attached hereto. 1.9.1 PROJECT COST: The "Project Cost", as established by the City, shall mean the total cost of the Project to the City including: Construction Cost, professional compensation, land cost, if any, financing cost, materials testing services, surveys, contingencies and other miscellaneous costs. 1.9.2 PROJECT SCOPE: The "Project Scope" shall mean the description of the Project contained in Schedule A attached hereto. 1.10 CONSTRUCTION COST: The "Construction Cost" for the Project shall mean the sum which is the total cost or estimated cost to the City of all elements of the Project designed or specified by the Consultant and approved by the City, including, at current market rates (with a reasonable allowance for overhead and profit), the cost of labor and materials and any equipment which has been designed, specified, selected or specifically provided for by the Consultant and approved by the City, and including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) of construction cost for rehabilitation of historic buildings, and not including the compensation of the Consultant and any subconsultants, the cost of land, rights-of-way, surveys, testing, or other reimbursable expenses. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsible bidder or proposer for any and all of such Work. 1.10.1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean an amount budgeted by the City for Construction Cost, as specified in the Project Scope in Schedule "A" attached hereto. 4 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean a forecast of Construction Cost prepared by the Consultant, as defined in attached Schedule "A" entitled "Scope of Services", for the guidance of the City. For Work which bids or proposals have not been let, the Construction Cost shall be the same as the latest Statement of Probable Construction Cost. The City shall have the right to verify the Statement of Probable Construction Cost or detailed cost estimate by the Consultant. 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on the Project; other causes beyond the parties' control; or by any other such causes which the Consultant and the City decide in writing justify the delay; provided, however, that market conditions, labor conditions, construction industry price trends and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. 1.12 CONTRACTOR / CONTRACTORS: "Contractor" or "Contractors" shall mean those persons or entities responsible for performing the Work or providing the materials, supplies and equipment identified in the bid and Construction Documents for the Project. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement; the greement between City and Contractor; Contract for Construction; Conditions of the Contract for Construction (General, Supplementary, and other Conditions); Construction Documents; and addenda issued prior to execution of the Contract for Construction. A Modification is one of the following: (1) written amendment to this Agreement or the Contract for Construction signed by both parties; (2) an approved Change Order; (3) a Construction Change Directive; or (4) a written order for a minor change in the Work issued by the Consultant. 5 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean a legally binding agreement with Contractors. 1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans, specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.6 and approved by the City. 1.16 CONTRACT AMENDMENT: "Contract 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 or the method and manner of performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Contract Amendments shall be approved by the City Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those servIces described in Article 5 herein, which have been duly authorized in writing by the City Manager prior to commencement of same. 1.18 WORK: "Work" shall mean the work to be performed on the Project by the Contractor, pursuant to the applicable Documents, whether completed or partially completed, and includes labor and materials, equipment, and services provided, or to be provided, by the Contractor to fulfill its obligations. 1.19 SERVICES: "Services" shall mean the services to be performed on the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, 6 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 and includes other labor and materials, equipment and servIces provided, or to be provided, by Consultant to fulfill its obligations herein. 1.20 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant and approved by the City as being within the Construction Cost Budget pursuant to the Statement of Probable Construction Cost provided by Consultant. "Base Bid" shall not include "Additive Alternates" or "Deductive Alternates". 1.21 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A - Scope of Services. Schedule B- Consultant Compensation: The schedule of compensation to the Consultant for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional Services, as submitted by the Consultant and approved by the City. Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates to the Consultant as submitted by the Consultant and approved by the City. Schedule D - Project Schedule. Schedule E - Alternate Scope of Services. Schedule F - Alternate Consultant Compensation. 1.22 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as described in Schedule "A", together with the Basic Services and any Additional Services approved by the City, as described in Articles 2 and 5, respectively herein. 7 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 ARTICLE 2. BASIC SERVICES The Consultant shall provide Basic Services for the Project as set forth hereafter. The Services for this Project will be performed by the Consultant upon receipt of a written Notice to Proceed issued by the City Manager, or his designee, and Consultant shall countersign the Notice to Proceed. A separate Notice to Proceed shall be required for commencement of each Task. as discussed in attached Schedule "A" entitled "Scope of Services". The Consultant's Basic Services shall consist offive Tasks (inclusive of planning, design, bidding/award, construction administration and additional services) as described in attached Schedule A "Scope of Services". The Consultant shall coordinate with sub consultants and other consultants, and conform to all applicable building codes and regulations. Consultant, as it relates to its Services, represents and warrants to the City that it is knowledgeable of codes, rules and regulations applicable in the jurisdictions in which the Project is located, including, local ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Statutes, Administrative rules and regulations including, 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, and shall further take into account all known pending changes to the foregoing, of which it should reasonably be aware. The Consultant shall insert the provisions of all required codes into the Contract Documents. 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 8 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 for the technical accuracy of it Contract Documents. 2.1 PLANNING SERVICES: Consultant shall perform Planning Services as noted in attached Schedule "A" entitled "Scope of Services". 2.2 DESIGN SERVICES: Based on the approved Planning documents developed under Article 2.5, Consultant shall prepare Design Documents, as noted in attached Schedule "A" entitled "Scope of Services" . 2.3 BIDDING AND AWARD SERVICES: Consultant shall provide bidding and award services as noted in attached Schedule "A" entitled "Scope of Services". 2.4 CONSTRUCTION ADMINISTRATION SERVICES: Consultant shall furnish construction administration servIces as noted III attached Schedule "A" entitled "Scope of Services". 2.5 ADDITIONAL SERVICES: If required and so approved by the City, Consultant shall provide Additional Services as noted in attached Schedule "A" entitled "Scope of Services". 2.6 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 9 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 accuracy and validity of written decisions and approvals furnished by the City and its employees. 2.7 TIME: It is understood that time is of the essence in the completion of this Project, and in this respect the parties agree as follows: 2.7.1 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement and the orderly progress ofthe Work. 2.7.2 The parties agree that the Consultant's Services during all phases of this Project will be performed in a manner that shall conform with the approved Project Schedule, which is attached to this Agreement as Schedule "D". The Consultant may submit requests for an adjustment to the Project Schedule, made necessary by undue time taken by the City to approve the Consultant's submissions, and/or excessive time taken by the City to approve the Services or parts of the Services. The City shall not unreasonably refuse to approve such adjustment(s) to the Project Schedule if the request is made in a timely manner and is fully justified. 2.7.3 In providing the Services described in this Agreement, the Consultant shall use its best efforts to maintain, on behalf of the City, a constructive, professional, cooperative working relationship with the Program Manager, Contractor(s), and others that have been contracted to perform Services and / or Work pertaining to the Proj ect. While the Services to be provided by Consultant under this Agreement will be provided under the general direction of the City's Program Coordinator and Program Manager, it is the intent of this Agreement to allow the Consultant to coordinate the performance of all design and construction administration to the extent such coordination by the Consultant is permitted by the contracts for the design and construction administration. 2.7.4 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 10 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 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. 2.7.5 Whenever during the term ofthis Agreement, others are required to verify, review, or consider any work performed by Consultant, including but not limited to the design professionals, Contractors, and other consultants retained by the City, the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable public projects; or which are inconsistent with applicable laws, codes, ordinances, and regulations; or which are inconsistent with standards or decisions provided in writing by the City's Program Coordinator and / or Program 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 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. 2.7.6 The City shall have the right at any time, and in its sole and absolute discretion, to submit for review to consulting engineers or consulting architects or other consultants, engaged by the City at its own expense for that purpose, any or all parts of the services performed by the Consultant, and the Consultant shall cooperate fully in such review at the City's request. 2.7.7 Consultant agrees to certify and warrant all estimates of Construction Cost prepared by Consultant. Said certifications shall be in a form approved by the City. 2.7.8 Consultant represents to City that all evaluations of the City's Project Budget, Consultant generated Statement of Probable Construction Cost, and detailed estimates represent Consultant's best judgement as a design professional familiar with the 11 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 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. 2.7.9 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. 2.7.10 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. The person selected by Consultant to serve as Project Manager shall be subject to approval and acceptance by City. Replacement (including reassignment) of said Project Manager shall not be made without the prior written approval of the City. Consultant further agrees to obtain a binding agreement with its Project Manager providing a minimum of six (6) months notice before assuming a different position, said notice waivable by the City at its discretion. 2.7.11 Consultant agrees, within fourteen (14) calendar days of receipt of written notice to do such from City, to promptly remove and replace Project Manager, or any other personnel employed or retained by Consultant, or any subconsultant or subcontractors engaged by Consultant, which request may be made by City with or without stating its cause. 2.7.12 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 12 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 standards of professional practice in the State of Florida, as well as in accordance with applicable published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies having jurisdiction over the Project or the Services to be performed by Consultant hereunder. In the event of any conflicts in these requirements, Consultant shall notify City of such conflict and utilize its best professional judgement to advise City regarding resolution of each such conflict. 2.7.13 Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, 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, subconsultants and subcontractors to comply with the provisions of this paragraph. 2.7.14 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 Project Coordinator, in writing, in a timely manner, and obtain said Project Coordinator's written consent, before proceeding with the work. The Project Coordinator must comply with Contract Amendment processing requirements as outlined in Article 1.16, prior to issuance of any written authorization to proceed with Additional Services to Consultant. If Consultant proceeds with additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort, and deemed included as a Basic Service herein, whether or not specifically addressed in the Scope of Services. Notice to the 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 13 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 effort without the prior written consent ofthe City shall be at Consultant's sole risk. 2.7.15 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 document files to the City, at the completion of the Project. 2.7.16 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. 2.7.17 In the event Consultant is unable to timely complete the Project because of delays resulting from untimely review by City or other governmental authorities having jurisdiction over the Project, or such delays which are caused by factors outside the control of Consultant, Consultant shall provide City with immediate written notice stating the reason for such delay and a revised anticipated schedule of completion. City, upon review of Consultant's submittal and such other documentation as the City may require, may grant a reasonable extension of time for completion of the Project and may provide reasonable compensation, if appropriate. 2.7.18 The Consultant covenants with the City to furnish its Services hereunder properly, in accordance with the standards of its profession and in conformance with applicable 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 the Project in no way relieves the Consultant of its professional duties and responsibilities under applicable law and under the Contract Documents 14 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 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 the services to be rendered under this Agreement (herein after referred to as Project Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define City policies and decisions with respect to Consultant's Services on this Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance with Article 1.16 requirements, including but not limited to the following: a) The Scope of Services to be provided and performed by Consultant hereunder; b) The time the Consultant is obligated to commence and complete all such Services; or c) The amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall assist Consultant by placing at Consultant's disposal all information City has available pertinent to the Project, including previous reports and any other data relative to design or construction of the Project. It shall be fully understood that City, in making such reports, site information, and documents available to the Consultant is in no way certifying representing and/or warranting as to the accuracy or completeness of such data, including, but not limited to, any information provided in the City's Request for Qualifications and backup documentation thereto. Any conclusions or assumptions drawn through examination thereof shall be the sole responsibility of the Consultant and subject to whatever measure it deems necessary to final verification essential to its performance under this Agreement. Additional Services required due to inaccurate, incomplete or incorrect information supplied by the City may be undertaken by the 15 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 Consultant as an Additional Service to this Agreement. Consultant shall notify the Project Coordinator, in writing, in a timely manner and obtain said Project Coordinator's written consent, before proceeding with the work. If Consultant proceeds with the Additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service herein. 3.3 The City has established a Construction Cost Budget for the Project, as stated in Schedule A. 3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling services as may be required at any time for the Project, including such 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 or vendors working on this Project for which Consultant has received payment from the City. 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, the City shall give prompt written notice thereof to the Consultant. 3.6 The City shall furnish required information and services and render approvals and decisions in writing as reasonably expeditious as necessary for the orderly progress of the Consultant's Services and of the Work. No approvals required by the City during the various phases of the Project shall be unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submissions of Consultant for any reasonable basis. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreement. 16 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 3.7.1 The City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement, except when noted otherwise (i.e., where delegated to the City Manager or his designee) in this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate Consultant. 3.7.3 All required City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment to this Agreement. 3.7.4 The City Commission shall hear appeals from the administrative decision of the City Manager's appointed designee(s), upon the Consultant's written request, in which case the Commission's decision shall be final. 3.7.5 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.8 The City Manager or his designee(s) shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. These authorizations shall include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans, reports, estimates, contracts and other documents submitted to the City by the Consultant. 17 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 3.8.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's Services. The City Manager, in his administrative discretion, may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 3.8.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided, however, that the Consultant's compensation or other budgets established by this Agreement cannot be increased. 3.8.3 The City Manager, or his designee, shall be the sole representative of the City authorized to issue a Notice to Proceed, as referenced in Section 2.2 and attached Schedule "A" entitled "Scope of Services". 3.8.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. 3.8.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The Construction Cost Budget, as established by the City and stated in Schedule "A", shall not be exceeded without fully justifiable, extraordinary and unforeseen 18 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 circumstances, such as Force Majeure, which is beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval by passage of an enabling resolution and amendments to the appropriate agreements relative to the Project, prior to any modification of the Construction Cost. Provided further, however, that even in the event of a Force Majeure, as defined in Article 1.11, the City shall have no obligation to approve an increase in the Construction Cost Budget limitations established herein, and, if such budget is exceeded, the City Commission may, at its sole option and discretion, terminate this Agreement without any further liability to the City. 4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more than five percent (5%), the City Commission shall, at its sole discretion, have any of the following options: (1) give written approval of an increase in the Construction Cost Budget; (2) rej ect all bids or proposals, authorize rebidding, or (if permissible) authorize a renegotiation of the Project within a reasonable time; (3) abandon the Project and terminate the Consultant's Services for the Project covered by this Agreement without further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the award within the Construction Cost Budget; or (5) cooperate with the Consultant in reducing the Project scope, construction schedule, and sequence of Work, as may be required to reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the Consultant shall provide such revisions to the Construction Documents, and provide rebidding services, as many times as reasonably requested by the City, as a Basic Service, with no additional cost to the City, in order to bring the bids within five percent (5%) of the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services for this Project will only be performed by the Consultant following receipt of a written authorization by the Project Coordinator prior to commencement of same. Such authorization shall contain a description of the Additional Services required; an hourly fee, as provided in Schedule "C" with an "Not to Exceed" 19 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 amount on additional Reimbursable Expenses (if any); the amended Construction Cost Budget (if applicable); and an amended completion date for the Project (if any). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable, which the Consultant shall not exceed without specific written authorization from the City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services requested by the City and all costs applied to such shall be verifiable through time sheet and reimbursable expense reviews. 5.2 The term "Additional Services" includes services involving the Consultant or any subconsultants whether previously retained for the Services or not or whether participating as members with Consultant or not, subject to the City's right to previously approve any change in Consultants as set forth in this Agreement. 5.3 Additional Services may consist of the following: 5.3.1 Serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding unless such preparation has arisen from the failure of the Consultant to meet the Standard of Care set forth in Article 2. 5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated at the City's request and outside the scope of the Work specified in the Construction Documents, after commencement of the Construction Phase. 5.3.3 Providing such other professional servIces to the City relative to the Proj ect which arises from subsequent circumstances and causes (excluding circumstances and causes resulting from error, inadvertence or omission of the Consultant) which do not currently exist or which are not contemplated by the parties at the time of execution of this Agreement. 5.3.4 Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as 20 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 otherwise expressly provided for herein. ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Consultant in the interest of the Project. All Reimbursable Expenses pursuant to this Article, in excess of $500, must be authorized in advance in writing by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City, along with supporting receipts, and other back-up material reasonably requested by the City, and Consultant shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement". 6.2 Expenses subject to reimbursement in accordance with the above procedures may include the following: 6.2.1 The cost of testing or investigation of underground utilities, if authorized by the City Project Coordinator. 6.2.2 Expense of reproduction, postage and handling of drawings, specifications and other documents, excluding reproductions for the office use of the Consultant and sub-consultants. Courier and postage between the Consultant and its sub-consultants are not reimbursable. 6.2.3 Expenses for reproduction and the preparation of graphics for community workshops 6.2.4 Fees for all necessary permits shall be paid directly by City. 21 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 ARTICLE 7. COMPENSATION FOR SERVICES 7.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee listed in Schedule "B" for Basic Services, based on the "Hourly Rate Schedule" presented in Schedule "C". Payments for Basic Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the City Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed in each Phase so that the payments for Basic Services for each Phase shall not exceed the progress percentage noted in the Consultant's Progress Schedule, submitted with each invoice. No markup shall be allowed on subcontracted Basic Services. The City and the Consultant agree that the Consultant's fee for the Services in Schedule "A" will be $1,200,788, as detailed in Schedule "B", and as approved by the City Commission on April 14, 2004. This includes the Services, in the amount of $1,073,806 (including $57,000 in reimbursable costs); a traffic consultant's fee of $52,685; a cost estimator's fee of$37,864; and a Meridian Avenue Streetscape planning fee of$36,433. 7.2 Additional Services authorized in accord with Article 5 will be compensated using the hourly rates forth in Schedule "C". Request for payment of Additional Services shall be included with the monthly Basic Services payment request noted in Article 7.1 above. All Additional Services must be approved by the Project Coordinator, in writing, prior to commencement of same, as noted in Article 5. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B" be exceeded without prior written approval from the City Project Coordinator. No markup shall be allowed on subcontracted Additional Services. 7.3 Reimbursable Expenses, as defined in Article 6, shall be paid up to the "Not to Exceed" amount noted in Schedule "B". Request for payment of Reimbursable Expenses shall be included with the monthly Basic Services payment request noted in Article 7. Proper backup must be submitted with all reimbursable requests. No markup or 22 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 administrative charges shall be allowed on Reimbursable Expenses. 7.4 The City and the Consultant agree that: 7.4.1 If the scope of the Project or the Consultant's Services is changed substantially and materially, the amount of compensation may be equitably adjusted by mutual agreement of the parties. Notwithstanding the preceding sentence, City and Consultant herein acknowledge and agree that the City has advised Consultant that the Mayor and City Commission may consider, at its sole discretion, an expansion of the scope of the Project, as contemplated by "Alternate Scope of Work" and as incorporated herein and attached hereto as Schedule "E," In the event that the Mayor and City Commission consider and approve the additional scope of work, as set forth in the "Alternate Scope of Work" (Schedule E), then Consultant hereto agrees that its resulting compensation for Basic Services shall not exceed the total sum of $1,368,768, as described in "Alternate Consultant Compensation," and as incorporated and attached hereto as Schedule "F," 7 .4.2 Commencing on October I, 2004, the Hourly Billing Rate Schedule shown in Exhibit "c" may be adjusted annually based upon the Miami - Fort Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying the ratio of the April index divided by the previous year's index by the Hourly Rate Schedule to define the new Hourly Rate Schedule. The maximum increase will be limited to three percent (3%). 7.5 No retainage shall be made from the Consultant's compensation on account of sums withheld from payments to Contractors. 7.6 Method of Billing and Payment. With respect to all Services, Consultant shall submit billings on a monthly basis in a timely manner. These billings shall identify the nature of the work performed; the total hours of work performed by employee category and the 23 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 respective hourly billing rate associated with the employee category from the Hourly Rate Schedule. In the event sub consultant work is accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings shall also itemize and summarize Reimbursable Expenses by category. Where written approval of the City is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such Reimbursable. When requested, Consultant shall provide backup for past and current invoices that records hours for all Services by employee category and reimbursable by category. 7.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of Consultant's proper statement. 7.8 Final payment of the Consultant upon Project completion must be approved by the Mayor and City Commission. ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 8.1 Consultant shall keep such records and accounts and require any and all Consultant and subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project, and any expenses for which Consultant expects to be reimbursed. All books and records relative to the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes. ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 9.1 Electronic files of all documents, including, but not limited to, tracings, drawings, estimates, specifications, investigations and studies completed or partially completed, shall become the property of the City upon completion, termination, or abandonment of 24 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 the Project. Consultant shall deliver the above documents to the City within thirty (30) days of completion of the Project, or termination of this Agreement, or termination or abandonment of the Project. (Reference attached Schedule "A", entitled "Scope of Services" for additional requirements). 9.2 Any re-use of documents by City without written verification or adaptation by Consultant for the specific purpose intended will be without liability to Consultant. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 Termination For Lack Of Funds. The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding for the Project, the Project may be abandoned or terminated, and the City may cancel this Agreement as provided for herein without further liability to the City. 10.2 Termination For Cause. The City may terminate this Agreement for cause in the event that the Consultant (1) violates any provisions of this Agreement or performs same in bad faith or (2) unreasonably delays the performance of the Services or does not perform the Services in a timely and satisfactory manner, upon written notice to the Consultant In the case of termination by the City for cause, the Consultant shall be first granted a thirty (30) day cure period after receipt of written notice from the City. 10.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant( s) or otherwise. In such event, the Consultant shall be liable to the City for any additional cost incurred by the City due to such 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. 25 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 10.2.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination, shall be made in accordance with Article 7 herein and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 7. 10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 10.2.4 In the event of a termination for cause, no payments to the Consultant shall be made (1) for Services not satisfactorily performed and (2) for assembly of submittal of documents, as provided above. 10.3 Termination For Convenience. The City, in addition to the rights and options to Terminate for Cause, as set forth herein, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement, at its sole option, at any time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon notice to Consultant, in writing, fourteen (14) days prior to termination. In the event City terminates Consultant's services for its convenience, as provided herein, Consultant shall be compensated for all Services rendered up to the time of receipt of said written termination notice, and for the assembly and submittal to the City of documents for the Services performed, in accordance with Article 7 herein, and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 7. 10.4 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) 26 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 days prior to termination. In that event, payment for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination shall be made in accordance with Article 7 herein. In the case of termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt of written notice from the Consultant. 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 10.5 Implementation Of Termination. In the event of termination, either for cause or for convenience, the Consultant, upon receipt of the Notice of Termination, shall (1) stop the performance of Services under this Agreement on the date and to the extent specified in the Notice of Termination; (2) place no further orders or subcontracts except for any that may be authorized, in writing, by the Project Coordinator, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the Services performed, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice Of Termination, And As Specifically Set Forth Therein. 10.6 Non Solicitation. The Consultant warrants that it has not employed or retained any company or person, other than an employee working solely for the Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the Consultant for any reason whatsoever. ARTICLE 11. INSURANCE 11.1 The Consultant shall comply throughout the term of this Agreement with the 27 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 insurance requirements stipulated herein. It is agreed by the parties that the Consultant shall not commence with work on this Project until satisfactory proof of the following insurance coverage has been furnished to the City. The Consultant will maintain in effect the following insurance coverage: (a) Professional Liability Insurance in the amount of One Million ($1,000,000.00) Dollars per occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant shall notify City in writing within thirty (30) days of any claims filed or made against the Professional Liability Insurance Policy. (b) Comprehensive General Liability Insurance III the amount of $1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverage. The City must be named as an additional insured on this policy. (c) Worker's compensation and employer's liability coverage within the statutory limits of the State of Florida. 11.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage, to the Project Coordinator. 11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book and must additionally be furnished by insurance companies duly authorized to do business in the State of Florida and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance policies required above. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that the City shall be given thirty (30) days notice prior to expiration or cancellation of the policy. 28 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 ARTICLE 12. INDEMNIFICATION Consultant herein agrees to indemnify and hold harmless the City, and its officer and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of the Agreement. This Article 12, and Consultant's indemnification contained herein, shall survive the termination and expiration of the Agreement. ARTICLE 13. VENUE 13.1 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. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. ARTICLE 14. LIMITATION OF LIABILITY 14.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the amount of the fees for Services agreed upon under the terms of the 29 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of the fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actually paid by the City to the Consultant Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement in an amount in excess of the amount of fee under any this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. ARTICLE 15. MISCELLANEOUS PROVISIONS 15.1 The laws of the State of Florida shall govern this Agreement. 15.2 Equal Opportunity Employment Goals: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, 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, including apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action Policy. 15.3 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 30 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 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 sub consultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Violation ofthis Section by Consultant shall result in cancellation and may result in ConsultantDs debarment. 15.4 No Contingent Fee: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15.5 The Consultant represents that it has made and will make reasonable investigation of all subconsultants to be utilized in the performance of work under this Agreement to determine that they possess the skill, knowledge and experience necessary to enable them to perform the services required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for the performance of the work under this Agreement. 15.6 The Consultant, its consultants, agents and employees and sub contractors, shall comply with all applicable Federal, State and County laws, the Charter, related laws and ordinances of the City of Miami Beach, and with all applicable rules and regulations 31 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 promulgated by local, state and national boards, bureaus and agencies as they relate to this Project. 15.7 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of City. 15.8 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE 16. NOTICE 16.1 All written notices given to City by Consultant shall be addressed to: City Manager's Office c/o Assistant City Manager Robert Middaugh City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: 32 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 Tim Hemstreet Capital Improvement Projects Director Capital Improvement Project Office City of Miami Beach 1701 Meridian Avenue, Suite 201 Miami Beach, Florida 33139 All written notices given to the Consultant from the City shall be addressed to: Jose A. Gelabert-Navia, AlA Perkins & Will Architects, Inc. 999 Ponce de Leon Boulevard Suite 915 Coral Gables, Florida 33134 All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. 33 Miami Beach Multipul1'ose Municipal Parking Facility Project July 2004 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. euclv- Attest CITY CLERK ~ CONSULTANT PERKINS & WILL ARCHITECTS, INe. J~'t?lC-jyV Attest $$v Secretary Signature/President ..J 0/ .E. If, ; Ii. I. A IJ,E ~ T Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1fI~~ City Attom~ Date 34 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PERKINS & WILL SCOPE OF SERVICES Please refer to attached schedule. 35 SCHEDULE A CITY OF MIAMI BEACH, FLORIDA MULTI-PURPOSE MUNICIPAL PARKING FACILITY SCOPE OF AlE CONSULTANT SERVICES, CONSULTANT: PERKINS AND WILL ARCHITECTS INC. BACKGROUND The City of Miami Beach (CITY) has developed its multi-million dollar, multi-year "Planned Progress" Capital Improvement Program to rebuild the City's existing roads, infrastructure, utilities, parks and facilities, and to build new capital projects where they are needed. The Program will dramatically improve the quality of life of the City's residents and complement the enormous amount of private reinvestment that has taken place in the City. For the park and facilities projects included in the Planned Progress Program (including the Multi-Purpose Municipal Parking Facility), the CITY has contracted the services of URS Corporation to function as Program Manager (PROGRAM MANAGER), and act as the CITY's agent with regard to all aspects of this scope of services. Hence, PROGRAM MANAGER shall serve as the focal point of contact with the Architectural/Engineering firm (CONSULTANT). The CITY will retain contractual agreement responsibilities with the CONSULTANT. This project scope is limited to the Multi-purpose Municipal Parking Facility to be located adjacent to City Hall. This scope of services refers to CONSULTANT planning (Task 1), design (Task 2), bidding and award (Task 3), and construction administration (Task 4) services, Additional Services (Task 5), and Reimbursable Expenses (Task 6) as identified below: Multi-purpose Municipal Parking Facility The Multi-purpose Municipal Parking Facility Site is bounded to the north by the "P Lot", the west by Meridian Avenue, to the east by City Hall and to the south by 1ih Street and the City owned building at 777 Meridian Avenue. The project consists of the construction of up to 480 parking spaces, up to 20,000 square feet of retail and office space, a pedestrian bridge to the existing City Hall building, and associated streetscape and site improvements. Work elements include site demolition, renovation and construction, landscaping, lighting, and roadway interface and streetscape improvements. 1 Total construction costs budgeted for the project are approximately $14,761,250 the funding for which will be provided primarily from parking impact fees. Please note that for the Meridian streetscape improvement component of the project (excluding the actual frontage of the structure on the east side of the street from 1 ih to 18th streets which is included in this scope) the approved scope of services includes only Task 1 and excludes Tasks 2 through 6. It is anticipated that the City will negotiate an additional services agreement for the scope and fee for the completion of Tasks 2 through 6 for the Meridian streetscape improvements once the improvements are identified at the conclusion of Task 1. TASK 1-PLANNING SERVICES The purpose of this Task is to develop a concept plan that meets the City's functional requirements, addresses community input, and stays within established schedule and cost parameters. The planning phase of the project will include the following major tasks: (1) Project Kick - Off Meeting; (2) Visioning Session to clarify project goals and confirm budget; (3) Site Reconnaissance Visit and Development of Design Concept Alternatives; (4) two Community Design Workshops to provide residents the opportunity to participate in the planning process; and (5) the preparation and presentation of a basis of Design Report (BOOR) for approval by the Mayor and City Commission. Note that Tasks 1.1 through 1.4 are intended to identify the information required to develop an initial concept plan. A total of two Community Design Workshops shall be conducted as discussed in Task 1.5. Based on the results of the Community Design Workshops, a draft Basis of Design Report shall be developed as noted in Task 1.6. Subsequent City Division, Design Review Board and City Commission presentations and approvals shall be as noted in Task 1.7. A final Basis of Design Report shall then be prepared summarizing the accepted design concept, budget level cost estimate and implementation schedule as noted in Task 1.8. To facilitate the implementation of a Public Information Program, CONSULTANT shall provide electronic files of all project documents, as requested by CITY and/or PROGRAM MANAGER. Task 1.1 - Proiect Kick-Off Meetina: CONSULTANT shall meet with CITY and PROGRAM MANAGER to review existing planning documents and receive copies of 2 available reference documents. CITY and PROGRAM MANAGER shall present general discussions as to Program procedures and direction. Based on this meeting CONSULTANT will schedule a reconnaissance visit of the Project site(s). Deliverables: - Attend Project kick-off meeting. Schedule: - Within 1 calendar day of Task 1 - Planning Phase Notice- to-Proceed. Task 1.2 - Attend "Visionina" Session: The CONSULTANT shall attend a half-day "Visioning" session to be scheduled with representatives of CITY, CONSULTANT and PROGRAM MANAGER. The purpose of the "Visioning" session shall be to clarify project goals to prepare for the Community Design Workshops. Issues to be discussed shall include the proposed alternatives, budget and schedule. Deliverables: - Attend "Visioning" session with representatives from CITY and PROGRAM MANAGER. - Within 15 calendar days of Task 1.1 completion. Schedule Task 1.3 - Proiect Site Reconnaissance Visit and Development of Desian Concept Alternatives: After the Visioning Session the CONSULTANT shall attend a reconnaissance site visit. The site visit will be attended by CITY staff, PROGRAM MANAGER. This will facilitate CONSULTANT's understanding of the project needs. Based on the results of the site visit, and the visioning session the CONSULTANT shall assemble a minimum of three alternative design concepts that the project may follow. At least two of the referenced concepts shall present proposed improvements possible under current budget limitations. The other concept(s) shall reflect additional levels of potential improvements that may be possible should additional funding become available. In addition, CONSULTANT shall prepare preliminary "budget" level cost estimates (+30%, -15% as defined by the American Association of Cost Engineers) for each alternative treatment indicating opinions of probable cost. Estimates shall present costs by category types (Le. paving, lighting, landscaping, etc.) and shall be prepared in a Microsoft Excel Spreadsheet format. 3 The CITY has performed certain planning efforts that identified potential locations and types of improvements anticipated. These efforts are summarized in the RFQ. Deliverables: - Attend reconnaissance project site visit - Develop three alternative design concepts - Develop "budget" level cost estimates for each concept Schedule: . Within 35 calendar days of completion of Task 1.2 services. Task 1.4 - Review Meeting Prior to Community Design Workshops: CONSULTANT shall meet with applicable CITY and PROGRAM MANAGER Staff to ensure that any and all concerns regarding project scope, schedule and cost parameters are addressed prior to scheduling the Community Design Workshops. PROGRAM MANAGER shall prepare and distribute meeting minutes, accordingly. Deliverables: . Meet with representatives of CITY and PROGRAM MANAGER during Task 1.1 through 1.3. Schedule - Through completion of Task 1.1 through 1.3. Task 1.5 . Community Design Workshops: Two community workshops shall be conducted to solicit and address resident input on the design of the project. CITY will schedule, find locations for, and notify residents of all such meetings. CONSULTANT shall prepare all materials for presentation at each workshop. At a minimum these shall include "full size" graphics, a summary of cost estimates, workshop agendas and requisite handouts of each. CONSULTANT shall prepare draft meeting minutes and forward them to PROGRAM MANAGER, who shall finalize and distribute, accordingly. Each workshop is intended to address specific design issues as discussed in the following: Task 1.5.1 Community Design Workshop No. 1 - The first workshop is intended to provide community residents with a review of the proposed project scope, budget and schedule. CONSULTANT shall prepare full size presentation graphics illustrating the Site Analysis Maps and Design Concept Alternatives developed under Tasks 1.2 and 1.3. As previously noted, the alternatives shall present proposed improvements possible under current budget limitations. In 4 addition, graphics shall be prepared presenting a summary of probable costs for the various improvements and the workshop agenda. "Budget" level cost estimates shall be +30%, -15% as defined by the American Association of Cost Engineers. Based on this data, CONSULTANT shall present the preliminary planning information to attendees. CITY and PROGRAM MANAGER Staff will also attend these meetings, and assist CONSULTANT with responses to resident questions, as applicable. CONSULTANT shall note reasonable design revision requests from residents for review and incorporation into the proposed plan. Due to the fixed nature of funding on the various projects within the Program, budget limits must be adhered to. CONSULTANT shall be prepared to discuss budgets and the various impacts of resident requested revisions on such, accordingly. Deliverables: - Prepare materials, attend and conduct Community Design Workshop NO.1. Schedule: - Within 30 calendar days after completion of Task 1.3. Task 1.5.2 Community Design Workshop No. 2 - The second workshop is intended to present community residents with the selected design concept, budget and schedule after consideration of the input received during Workshop No. 1. CONSULTANT shall prepare full size presentation graphics illustrating the selected design concept, along with a summary of probable costs for the improvements and the workshop agenda. The selected design concept shall be presented and shall illustrate proposed improvements possible under current budget limitations. "Budget" level cost estimates shall be +30%, -15% as defined by the American Association of Cost Engineers. _ Based on this data, CONSULTANT shall present the information to attendees. CITY and PROGRAM MANAGER Staff will also attend these meetings, and assist CONSULTANT with responses to resident questions, as applicable. CONSULTANT shall note that the design concepts presented during this meeting are considered "near final" and CITY will consider only minor design revision requests from residents for review and incorporation into the proposed plan. 5 Deliverables: - Prepare materials, attend and conduct Community Design Workshop NO.2. Schedule: - Within 29 calendar days of Community Design Workshop NO.1. Task 1.6 - Basis of Desio" Report (DRAFTI: CONSULTANT shall prepare a draft Basis of Design Report (BOOR) presenting the results of the Community Design Workshops and final design concept plan. The BOOR will include a summary of findings and a Site Plan illustrating all proposed improvements, inclusive of demolition, utilities, buildings, lighting and landscape. Where required, CONSULTANT shall perform a study to determine the most desirable routing for proposed underground improvements. The BOOR shall include sufficient detail in plans, sections, notes and key descriptions to facilitate review by the various CITY permitting and planning divisions discussed in Task 1.7. The draft BOOR shall also include discussions and graphics illustrating: . A project implementation plan, inclusive of demolition, utilities, buildings, landscape, lighting and landscape construction with a discussion of expected impacts to the facility operations. · Proposed improvements. Description of all proposed project elements. . A "budget" level cost estimate prepared in conformance with format approved by PROGRAM MANAGER. Estimates shall be provided for both current phase and future (unfunded) improvements. Based upon CONSULTANT's cost estimate, CITY shall advise CONSULTANT if portions of the project need to be deleted, phased and/or bid as alternate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise BOOR to reflect such issues accordingly. . A schedule for implementing the Project itemized phase by phase (design, bid, award, and construction) including critical issues and the time period allowed for resolving each issue. The schedule shall be prepared in "Primavera Project Planner, Version 3.0" format or SureTrak and provided to the CITY and PROGRAM MANAGER. 6 . Discussion regarding permitting authorities having jurisdiction over Projects and provide a list of permits typically retained by the Owner and/or Contractor. Unique and/or special permitting requirements shall be identified as well as permitting fees. Deliverables: - Prepare 25 copies of the draft BODR. Schedule: - Within 30 calendar days from completion of Community Design Workshop No.2. Task 1.7 - Review of BOOR with CITY Divisions: CONSULTANT shall meet to present and review the draft BODR with the following review agencies: . City of Miami Beach Departments, to include representatives of the Fire, Police, Planning, Parking, Building Department, Public Works and Property Management. . City of Miami Beach Design Review Board (DRB). . City of Miami Beach City Commission. CITY and PROGRAM MANAGER shall attend review meetings and assist CONSULTANT, as practicable, in obtaining approvals from noted review agencies by participating in negotiations with such authorities. CONSULTANT retains final responsibility for procuring all necessary approvals, and for implementing required revisions and resubmissions as necessary. It is recognized by CITY and PROGRAM MANAGER that the time period for obtaining approvals from the various review agencies is beyond the control of CONSULTANT, except for issues concerning the acceptability of the proposed design concepts and CONSULTANT's ability to respond to review agency comments. CONSULTANT shall address and respond to comments received from the various reviews in writing, and implement requested revisions into the draft BODR, as agreed with CITY and PROGRAM MANAGER, within fourteen (14) calendar days of receipt of comments, unless agreed to otherwise with PROGRAM MANAGER. CONSULTANT shall draft meeting minutes and forward them to PROGRAM MANAGER, who shall finalize and distribute accordingly. 7 Deliverables: -Attend BOOR review meetings with noted committees. - Prepare draft meeting notes. - Address comments and revise BOOR accordingly. - Within 14 calendar days of draft BOOR completion. Schedule: Task 1.8 . Final Basis of Desian Report: CONSULTANT shall prepare a final BOOR based on comments and revisions implemented during the reviews with the various CITY Divisions. The final BOOR will serve as the basis for development of detailed design documents as discussed in Task 2. Deliverables: - Prepare 25 copies of a final BOOR. Schedule: - Within 30 calendar days after completion of reviews noted in Task 1.7. TASK 2 -DESIGN SERVICES The purpose of this Task is to establish requirements for the preparation of contract documents for the Project. Note that Task 2.1 requires that CONSULTANT perform a variety of forensic tasks to verify, to the extent practicable, existing conditions and the accuracy of base maps to be used for development of the contract drawings. Task 2.2 discusses requirements for the preparation of contract documents, inclusive of drawings, specifications and front-end documents. Task 2.3 establishes requirements with regard to constructability and value engineering reviews to be performed by others. Task 2.4 establishes requirements for the preparation of opinions of total probable cost by the CONSULTANT. Task 2.5 specifies requirements for review of contract documents with jurisdictional permitting agencies prior to finalization. Task 2.6 establishes requirements for developing final (100%) contract documents. To facilitate the implementation of a Public Information Program, CONSULTANT shall provide electronic files of all project documents, as requested by CITY and/or PROGRAM MANAGER. CONSULTANT shall provide the electronic files for the front end documents, technical specifications, and construction drawings. 8 Task 2.1 - Field Verification of Existina Conditions: CONSULTANT shall perform a detailed topographic survey of the existing project areas to be impacted by construction activities under the scope of this project. The survey shall be performed by a Certified Land Surveyor in the State of Florida and shall meet the minimum technical standards identified in Chapter 61G17-6, FAC. All survey files shall be prepared in AutoCAD Version 14 format with a layering system as approved by PROGRAM MANAGER. As a minimum, the survey shall address the following: . Topographic survey shall consist of establishing a baseline with 100-foot stations, and identify sectionalized land corners. Baseline of survey shall be tied into the sectionalized land monuments. . CONSULTANT shall set benchmarks at convenient locations within the project site to be used during both the design and construction phases of the project. As a minimum, permanent benchmarks shall be set at corners of the project property. CONSULTANT shall tie-in at least two existing County benchmarks. The benchmarks shall be derived from existing government benchmarks and be carried into the proposed system using Second Order, Class II procedures. A full listing of benchmark locations shall accompany the survey data. . CONSULTANT shall locate and identify all the existing surface improvements / topographic features that are visible within the project site, such as the following: ~ Existing valve boxes, water / electrical meter boxes, electrical pull boxes, telephone / cable risers, fences, hydrants, roof drains, etc. ~ Above ground and underground utilities, invert elevations of accessible underground utilities, wood / concrete utility poles, culverts, guardrails, pavement limits, headwalls, end walls, manholes, vaults, mailboxes, driveways, side streets, trees, landscaping, traffic signage and any other noted improvements. Survey shall identify fence material/height, landscaping plant materials and driveway construction materials. Landscaping materials with a trunk diameter greater than 6 - inches in diameter shall be identified. ~ All buildings including overall dimensions and finished floor elevations. 9 . Survey limits shall include the entire project site and an additional overlap to encompass all adjoining areas potentially impacted by the project. . Topographic survey / base map shall be prepared in AutoCAD version 14.0 and submitted on a 3.5-inch diskette or CD with one copy on 24-inch by 36- inch bond paper to the CITY. CAD mapping shall be performed to a scale of 1:1 in the World Coordinate System. Text size shall be 100 leroy for a final product at 1 =20 units. . Indicate geometry of perimeter private property plats (inclusive of fences, landscaping and driveways). Upon completion of the survey, CONSULTANT shall forward the same to the following agencies with a request to mark / identify their respective utilities on the survey base map. CONSULTANT shall coordinate this effort with each agency in an effort to identify the location of all underground utilities. CONSULTANT shall incorporate utility owner markups / edits into its survey base map file. CONSULTANT shall contact the following entities and request that they each verify locations of their existing improvements in the affected areas: . Florida Power and Light . BellSouth . Charter Communications . Natural Gas Utility · Miami-Dade Public Works Department . Miami-Dade Water and Sewer Authority . Others as deemed necessary Based on the collected data, CONSULTANT shall develop detailed design site plans for the project. The site plans shall include an overall key map and partial plans scaled at 1- inch equals 20 feet. CONSULTANT shall illustrate proposed improvements on the site plans based on available planning documents provided by CITY. A subsequent review 10 shall be scheduled with CITY and PROGRAM MANAGER staff to determine locations where additional field verifications, via "Soft-Dig" underground identification services, may be implemented. As a minimum, a $5,000 underground improvements verification budget allowance shall be included under this scope of services. Unused amounts in this allowance shall be credited back to the CITY at the completion of the design services. CONSULTANT shall prepare final site plans based on the information gathered herein. Copies of base maps shall be distributed to CITY and PROGRAM MANAGER. Deliverables: - Perform forensic work as noted to develop final base maps. Deliver five (5) sets of site plans to PROGRAM MANAGER. Schedule: - Within 30 calendar days after Task 2 - Design Notice to Proceed. Task 2.2 - Detailed Desian: CONSULTANT shall prepare detailed design documents consisting of general, civil, traffic, mechanical, architectural, electrical, landscaping, irrigation and structural drawings, as applicable. CONSULTANT shall use CITY standard details as provided by PROGRAM MANAGER, and as deemed appropriate by CONSULTANT. CONSULTANT shall supplement design documents with its own additional details, as it deems necessary, to provide CITY with a complete work product. All drawings shall be prepared using AutoCAD Version 14 software with a layering system as approved by PROGRAM MANAGER. Technical specifications shall be prepared in conformance with Construction Specifications Institute (CSI) format. PROGRAM MANAGER shall furnish CONSULTANT with standard CITY specification outlines for Division 1. CONSULTANT shall refrain from amending FDOT standard specifications and including same in the detail design documents. CONSULTANT may provide technical specification sections that CONSULTANT may require, not already provided through CITY standard outlines, subject to review and comment by CITY and/or PROGRAM MANAGER. Any Supplier listings required by specifications shall include a minimum of two named Supplier's and shall meet all applicable CITY and State of Florida procurement codes. CITY standard 11 specifications shall be provided to CONSULTANT in "Microsoft MS-Word" format. CONSULTANT shall use the same software in all project related work. CONSULTANT shall utilize base front-end documents provided by CITY. CONSULTANT shall edit accordingly to result in a project specific document. Any changes I modifications to the Supplementary General Conditions shall be subject to review and acceptance by CITY. CONSULTANT shall attend four (4) progress meetings with CITY, DESIGN REVIEW BOARD (ORB) and PROGRAM MANAGER staff during the design task. CONSULTANT shall prepare and maintain a design progress schedule in Primavera Project Planner, version 3.0 format or SureTrak. CONSULTANT shall update the schedule and review project status at each progress meeting. Should PROGRAM MANAGER determine that the CONSULTANT has fallen behind schedule, CONSULTANT shall provide a recovery schedule that will accelerate work to get back on schedule. For purposes of this Scope of Services, the following will be considered the minimum effort to be provided by CONSULTANT for establishing the detail design milestones: · 30% design completion shall consist of the completed survey I base map work as identified in Task 2.1 with the proposed improvements identified in plan view at a scale of 1-inch equals 20 feet. A key map shall also be provided which illustrates the relationship between the drawings and its respective location within the neighborhood. An outline identifying the anticipated technical specifications to be incorporated into the work shall also be submitted. CONSULTANT shall provide its "Budget" level opinion of probable cost as defined by the American Association of Cost Engineers with the submittal. · 60% design completion shall consist of the plan and profile view of all improvements, applicable sections and construction details. Prior to the preparation of the 60% design drawings the CONSULTANT shall incorporate changes to its design based upon its underground utility verification efforts. Plan and profile sheets shall be provided for water and sewer improvements. CONSULTANT shall include the technical specifications and a draft schedule of prices bid (bid form) identifying the items to be bid by the prospective contractors with the submittal. CONSULTANT shall provide its "Budget" level 12 opinion of probable cost as defined by the American Association of Cost Engineers with the submittal. The Consultant shall submit the 60% design to the DRB for review and comments. Said comments from the DRB shall be incorporated into the 90% design submittal. . 90% design completion shall consist of the entire construction document set including the front end documents (general and supplemental conditions), technical specifications and construction drawings for all the work proposed to be completed. CONSULTANT shall provide the detailed construction sequencing restrictions for the PROGRAM MANAGER's review. CONSULTANT shall provide its "Definitive" level opinion of probable cost as ---.- defined by the American Association of Cost Engineers with the submittal. Oeliverables: - Furnish five (5) sets of 30, 60, 90 and 100 percent completion stage documents to PROGRAM MANAGER. - Prepare and update project schedule, on a monthly basis. - Attend progress meetings with CITY, DRB and PROGRAM MANAGER staff. Schedule: - Complete 30 percent documents within 87 calendar days after the Task 2 - Design Notice to Proceed. - Complete 60 percent documents within 178 calendar days after Task 2 - Design Notice to Proceed. Submit to DRB for review. - Complete 90 percent documents within 267 calendar days after Task 2 - Design Notice to Proceed. - Complete 100 percent documents within 328 calendar days after Task 2 - Design Notice to Proceed. Note: The above 30%, 60%, 90% and 100% design documents completions shown in calendar days are contingent upon City's reviews occurring pursuant to the attached Schedule D. 13 Task 2.2.1 - Geotechnical Evaluation CONSULTANT shall conduct a preliminary field exploration program to identify typical geotechnical conditions within the project site as further defined in Task 6.4. Actual locations shall be as directed by CONSULTANT. Task 2.3 - Desian I Constructabilitv Review: To verify that all design review meeting comments have been incorporated and design standards have been followed, PROGRAM MANAGER shall perform reviews of all design project documents at the preliminary (30 percent completion), intermediate (60 percent completion) and near final (90 percent completion) design stages. The purpose of these reviews shall be to verify that the documents are consistent with the design intent. The PROGRAM MANAGER shall also review CONSULTANT's prepared cost estimates for the project at the 30, 60 and 90 percent submittal stages. Five (5) sets of construction drawings and specifications shall be submitted to the PROGRAM MANAGER at the 30, 60 and 90- percent design completion level. These documents will be furnished as bound 8-1/2-inch by 11-inch specifications, 2 full sets (24-inch by 36-inch) blue line drawings, and 3 full sets 11" X 17" drawings. PROGRAM MANAGER and applicable CITY departments shall perform reviews on these documents and provide written comments (in the form of markups of submitted documents) back to CONSULTANT within the timeframes specified in Schedule D. Following receipt of comments, a meeting shall be scheduled between CITY, CONSULTANT and PROGRAM MANAGER, to discuss the requirements, intent and review of comments. CONSULTANT shall prepare a written memorandum to address how each comment was resolved. Such written response shall be prepared and submitted to PROGRAM MANAGER, for acceptance, within 7 calendar days after the review session. CONSULTANT shall revise documents to include review comments accordingly. In addition, PROGRAM MANAGER shall perform constructability reviews of the design documents relative to value, construction sequencing and bid format. The reviews shall be based upon the 60 and 90 percent design submittals received from the AlE consultant(s) and shall be conducted concurrently with the 60 and 90 percent design reviews. Meetings shall be held with CONSULTANT and CITY representatives to discuss review comments, as required. A detailed review of CONSULTANT's proposed construction sequencing restrictions will be performed by PROGRAM MANAGER at the 90-percent completion stage. The CONSULTANT shall note that the PROGRAM 14 MANAGER's review of the contract documents does not relieve CONSULTANT from its responsibility to the CITY with regard to the quality of its contract documents. Deliverables: Furnish five (5) sets of the 30, 60 and 90 percent completion stage documents to PROGRAM MANAGER. Attend meetings with CITY and PROGRAM MANAGER staff to review and discuss design, constructability and value comments. Prepare written responses to comments made during review sessions. Schedule: - Complete concurrently with Design schedule. Task 2.4 - Cost Opinions: CONSULTANT shall prepare opinions of probable construction costs for each design submittal (30, 60 and 90 percent) as well as the final (100 percent) completion stage. The accuracy of the cost estimate associated with the 30 and 60 percent completion stage shall be +30% to -15% "Budget" Level as defined by the American Association of Cost Engineers. The accuracy of the cost estimate associated with the 90 and 100 percent completion stage shall be a +15% to -5% "Definitive" Level Estimate as defined by the American Association of Cost Engineers. All estimates shall be submitted in Microsoft "Excel" format in accordance with the template approved by PROGRAM MANAGER. All estimates shall be furnished bound in 8-1/2-inch by 11-inch size. Based upon CONSULTANT's cost estimate, CITY shall advise CONSULTANT if portions of the project need to be deleted, phased and/or bid as alternate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise documents to reflect such issues accordingly. Deliverables: - Prepare opinions of probable costs at the 30, 60, 90 and 100 percent completion stages. 15 - Attend meetings with CITY and PROGRAM MANAGER staff to review and discuss cost estimates. Schedule: - Complete concurrently with Design schedule. Task 2.5 - Community Desian Review Meetina CONSULTANT shall attend and participate in one community design review meeting to review the design progress and concept at 60% design completion status. The CITY will schedule, find location for, and notify residents of said meeting. CONSULTANT shall prepare draft meeting minutes and forward them to PROGRAM MANAGER, who shall review, provide comments and distribute, accordingly. CONSULTANT base fee proposal shall include participation and attendance of one (1) meeting. CONSULTANT shall identify in the fee proposal, the cost to participate in one (1) additional such meeting should it be necessary based on Community Input. Task 2.6 - Document Revisions Based upon the input provided by the residents, CONSULTANT shall incorporate the necessary contract document as approved by the CITY. Task 2.7 - Permittina Reviews: CONSULTANT shall prepare applications and such documents and design data as may be required to procure approvals from all such governmental authorities that have jurisdiction over Project. CITY shall pay all permit fees. CONSULTANT shall participate in meetings, submissions, resubmissions and negotiations with such authorities. CONSULTANT shall respond to comments by such authorities through PROGRAM MANAGER within 10 calendar days of receipt of comments unless a different time is agreed to by PROGRAM MANAGER. It is the intent of this scope of services that CONSULTANT shall be the responsible party for formally transmitting and receiving permits to and from the respective authorities. PROGRAM MANAGER shall track and monitor progress on the preparation and review of permits and subsequent requests for information. It is recognized by PROGRAM MANAGER that the time period for obtaining permits is beyond the control of CONSULTANT except for issues concerning the permitability of the design and CONSULTANT's ability to respond to permitting agency requests for information. At the time of the scope preparation, the 16 following governmental authorities that have or may have jurisdiction over Project have been identified: · Miami Dade Water and Sewer Authority . South Florida Water Management District · Miami-Dade Department of Health . Florida Department of Environmental Protection · Miami-Dade Department of Environmental Resource Management · City of Miami Beach Building Department Failure to identify governmental authorities that have jurisdiction over Project at the time of permitting scope preparation does not relieve CONSULTANT from responsibility to pursue the permit as described above. Deliverables: - Correspond with jurisdictional authorities to establish permitting requirements. - Revise documents and respond to permitting inquiries as required. - Attend meetings with CITY and PROGRAM MANAGER staff to review and discuss permitting status. Schedule: - Complete within 90 calendar days after the completion of the 100 percent detail design milestone. TASK 3 -BIDDING AND AWARD SERVICES Task 3.1 - Construction Contract Document Review CONSULTANT shall assist CITY in bidding and award of the contract. PROGRAM MANAGER shall transmit permit approved contract documents prepared by the CONSULTANT to the CITY's Risk Management and Procurement Departments for 17 verification of appropriate insurance and bonding capacity requirements for each Project prior to bid. Various departments within CITY (Risk Management, Procurement and the City Attorney's Office) have non-technical review responsibility for the Construction Contract Documents. CONSULTANT shall assist PROGRAM MANAGER in this process by providing three copies of Construction Contract Documents, participating in meetings, submissions, resubmissions and discussions with these departments. CONSULTANT shall respond to CITY comments within ten calendar days of receipt of comments unless a different time schedule is agreed to by PROGRAM MANAGER. CONSULTANT's compensation has been based upon one meeting with these departments. Task 3.2 - Bid Document Delivery CONSULTANT shall provide PROGRAM MANAGER with reproducible, camera ready, sets of permit approved contract documents. The CITY Procurement Department will reproduce documents and handle the advertising, distribution, sale, maintenance of plan holder lists and other aspects of bid document distribution. Task 3.3 - Pre-Bid Conference PROGRAM MANAGER shall conduct one pre-bid conference. CONSULTANT shall attend the pre-bid conference and bid opening for each project. Task 3.4 - Addenda Issuance CONSULTANT shall provide, through PROGRAM MANAGER, timely responses to the inquiries of prospective bidders by preparing written addenda. Format for addenda shall be as provided to CONSULTANT by PROGRAM MANAGER. These queries and responses shall be documented and a record of each shall be transmitted to PROGRAM MANAGER on a same day basis. CONSULTANT shall prepare and distribute necessary addenda as approved by PROGRAM MANAGER. Task 3.5 - Bid Evaluation Within five calendar days of receipt of bids, CONSULTANT shall evaluate the bids for completeness, full responsiveness and price, including alternative prices and unit prices, and shall make a formal recommendation to CITY with regard to the award of contract. Non-technical bid requirements shall be evaluated by others. 18 This scope of services includes no allowance for CONSULTANT's time to assist CITY in the event of a bid protest. To the proportionate extent CONSULTANT's services are required in the event of a bid protest, due to a direct action or lack thereof by CONSULTANT, CONSULTANT shall participate in such activities at no additional cost to CITY. Task 3.6 - Contract Award CONSULTANT shall provide eight sets of Construction Contract Documents for execution by CITY and the successful bidder within five calendar days of request by CITY. Task 3.7 - As- Bid Contract Documents After contract award and prior to the preconstruction conference, CONSULTANT shall prepare As-Bid construction contract documents, which incorporate the following items into the construction contract documents: . Contractor's bid submittals, including but not limited to, bid proposal, insurance, licenses, etc. . Amend! modify front end documents and ! or technical specifications to incorporate changes made via contract addenda. . Revise construction contract drawings to include modifications I revisions incorporated via contract addenda. CONSULTANT shall prepare As-Bid construction contract documents and reproduce ten (10) sets for distribution to PROGRAM MANAGER within ten (10) calendar days after the City Commission approval! contract execution. Deliverables: - Attend and participate in Pre-bid conferences and bid openings. - Respond to questions from prospective bidders and prepare Addenda for distribution by others. - Prepare recommendation of award letter 19 - Prepare As-Bid contract documents, reproduce ten (10) sets and forward to PROGRAM MANAGER. Schedule: - Upon receipt of Task 3 Bidding and Award Notice to Proceed and within 120 calendar days upon receipt of Notice to Proceed. TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES The CONSULTANT shall perform the following tasks associated with office administration activities related to the construction of the Project. These tasks shall be performed during the duration of the construction project. CONSULTANT's compensation is based upon a construction period of Eighteen (18) calendar months. Task 4.1 - Pre-Construction Conferences: CONSULTANT shall attend a pre- construction conference for the Project. PROGRAM MANAGER shall prepare and distribute meeting minutes to all attendees and other appropriate parties. PROGRAM MANAGER shall issue a Limited Notice to Proceed at the Pre-Construction Conference. A final Notice to Proceed shall be issued upon receipt of a final schedule and procurement of all applicable construction permits from the Contractor. Oeliverables: -Attend and participate in pre-construction conferences. Schedule: -As scheduled by Program Manager after receipt of Task 4 Construction Administration Notice to Proceed. Task 4.2 - Weekly Construction Meetinas: CONSULTANT shall attend weekly meetings with the Contractor, PROGRAM MANAGER and applicable CITY representatives on the Project. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals and contract document clarifications and interpretations. In addition, the Contractor shall furnish a two-week look ahead work schedule to allow for proper coordination of necessary work efforts. These meetings shall also serve as a forum for discussion of construction issues, potential changes I conflicts and any other applicable matters. PROGRAM MANAGER shall prepare and distribute meeting minutes to all attendees and other appropriate parties. 20 Deliverables: - Attend and participate in weekly progress meetings with Contractors. Schedule: - Weekly throughout the project duration. Task 4.3 - Reauests for Information (RFI's): PROGRAM MANAGER will receive, log and process all RFl's. Whenever an RFI involves the interpretation of design issues or design intent, PROGRAM MANAGER shall forward the RFI to CONSULTANT. CONSULTANT shall prepare a response in fourteen (14) calendar days and return it to PROGRAM MANAGER. Deliverables: -Respond to those RFl's that involve design interpretations and return to PROGRAM MANAGER's office. Issue Contract Document Clarification's (CDC) as required. Schedule: - Ongoing throughout project construction duration. Task 4.4 - Reauests for Chanaes to Construction Cost and/or Schedule: PROGRAM MANAGER will receive, log and evaluate all requests for project cost and/or schedule changes from the Contractor. Changes may be the result of unforeseen conditions or interferences identified by the Contractor during the routine progress of work, inadvertent omissions (betterment) issues in the contract documents, or additional improvements requested by the CITY or CONSULTANT after the project bid date. Regardless of the source, CONSULTANT will evaluate the merit of the claim as well as the impact of the potential change in terms of project cost and the schedule. CONSULTANT will review claims and / or change order requests with PROGRAM MANAGER. No claims assistance services are included under this task. Deliverables: - - Perform independent review of request for cost increase and/or time extension. Coordinate and participate in meetings, as required, with PROGRAM MANAGER, CITY and Contractor to resolve and/or negotiate the equitable resolution of request. Prepare change order documentation. 21 Schedule: Ongoing throughout project construction duration. Task 4.5 - Processina of Shop Drawinas: PROGRAM MANAGER will receive, log and distribute shop drawings to CONSULTANT for its review. CONSULTANT shall have 14 calendar days from the time of receipt in its office, to review and return shop drawings to PROGRAM MANAGER's office. Deliverables:- - Review Shop Drawings and return them to PROGRAM MANAGER's office. - Ongoing throughout project construction duration. Schedule: Task 4.6 - Field Observation Services: PROGRAM MANAGER will providelield staff to observe the construction of the work. CONSULTANT shall provide specialty site visits by various design disciplines (civil, traffic, structural, mechanical, plumbing, electrical, and landscaping) on an as requested basis. For the purposes of this scope of services, it is assumed that a total of twenty-two (22) specialty site visits are included. Deliverables: - Provide up to twenty-two (22) specialty site visits. Schedule: - Ongoing throughout project construction duration. Task 4.7 - Proiect Closeout: Upon receiving notice from the PROGRAM MANAGER advising the CONSULTANT that the Project is substantially complete, CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall conduct an overview of the Project. The overview shall include development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. CONSULTANT shall develop the Substantial Completion Punch list with assistance from CITY and PROGRAM MANAGER. The Substantial Completion Punch list shall be forwarded to the Contractor. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Upon notification from PROGRAM MANAGER that all remaining "punch list" items have been resolved, the CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall perform a final review of the finished Project. Based on successful completion of all outstanding work items by the Contractor, 22 CONSULTANT shall assist in closing out the construction contract. This shall include, but not limited be to, preparation of record drawings (based on markups forwarded by Contractor through PROGRAM MANAGER), and certifying record drawings to the various affected permitting authorities. This certification shall be based on the CONSULTANT having received and reviewed all applicable test data, daily observation reports, record drawing markups, submittals, change orders and performed final walk through of the completed work during substantial and final completion punch list walk thru. Deliverables:- - Attend field meetings to review substantial completion and develop "Substantial Completion punch lists". - Certify project completion to appropriate agencies. - At the Substantial completion of project. Schedule: TASK 5 - ADDITIONAL SERVICES No additional services are envisioned at this time. However, if such services are required during the performance of the Work, they shall be requested by CITY and negotiated in accordance with contract requirements. Note that a separate notice to Proceed is required prior to performance of any Work not expressly required by this scope of services. If CONSULTANT, proceeds with out of scope Work without proper authorization, it does so at its own risk. TASK 6 - REIMBURSABLE'S Task 6.1 - Reproduction Services: CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports, contract documents and miscellaneous items, as may be requested by CITY. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 6.2 - Travel and Subsistence: Not Allowed. Task 6.3 - Survevina: 23 CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to prepare a topographical survey of the project limits which meets the requirements of sub-task 2.1. CONSULTANT's compensation shall be a reimbursement of actual costs. Consultant shall solicit no fewer than 3 proposals from properly licensed and qualified surveyors, recommend the desired firm, and receive approval from the PROGRAM MANAGER prior to engaging the surveyor. Task 6.4 . Geotechnical Evaluation CONSULTANT shall conduct a preliminary field exploration program to identify typical geotechnical conditions throughout the project site to ascertain the sub surface conditions with respect to its drainage design and structural characteristics. The program will consist of sufficient quantity, depth and type of borings to adequately define the soil characteristics for the purposes of design. Asphalt pavement depth will be determined at to establish the existing thickness of asphalt. Actual locations shall be as directed by CONSULTANT. Cost shall be limited to the noted not-ta-exceed amount. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 6.5 - Underaround Utility Verification: CONSULTANT shall employ the services of an underground utility location service in an effort to better identify existing underground conditions where work is to be performed. Actual locations shall be as directed by CONSULTANT. Cost shall be limited to a $5,000 not-to-exceed amount. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Minimum Drawina Reauirement The composite set of drawings to be produced shall contain sufficient information and detail to clearly define all proposed improvements in terms of quantity, quality and location. All drawings and details shall be to a scale sufficient to be legible. The consultant shall propose a drawing list to be reviewed and approved by the Program Manager. 24 Site Plans Existing Conditions - Site Survey - to include property lines, sidewalks, pavement, landscaping, existing site improvements and buildings, fencing, lighting, overhead and underground utilities, and dimensions of buildings, pavement areas, fencing, etc. Demolition - Clearly depict existing conditions to be demolished or modified. Proposed Improvements - Clearly depict all new design elements including sidewalks, pavement areas, landscaping, buildings, recreational courts and fields, fencing lighting, utility modifications, replacements, and additions, etc. Enlarged Site plans - Where necessary to clearly define project requirements, provide enlarged site plans for specific areas of improvement. Buildina Drawinas All buildings to be renovated or constructed shall be detailed in the project drawings in sufficient detail to clearly and thoroughly depict the intended improvements or modifications and shall at a minimum include drawings from all involved disciplines: Architectural, Civil, Landscape Architecture, Structural, Mechanical, Plumbing, and Electrical. Drawings shall be organized by building and by discipline. 25 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 SCHEDULE B PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PERKINS & WILL CONSULTANT COMPENSATION Please refer to attached schedule. 36 I- Zw ~...J ...J=> =>fil> U)J:I- Zu- OU)::! uwu J:LYw~ u<(u.....J ID~~~~ ~-t!)!;(~ =>~0U)~ fililfi5:i Gu..U)~m U)O !!:! 00 ~!::uo.. 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",!'l8 "'~o N'" ... 00 !lj!~:; ~11l lil8 !lj!NO "'~ ...- '" Q 000 "'0 ",!<8 r--"';:l; ~'" ",leg .....0'" .....~~ ...'" cog ~~~ ~:,e ~~ l- tS i:i: 5iE >=~ :3~ -I:J ~>= w:J -10 D E il, e "- c . l " "' J ~ >- !;! ~ o o :i '" w o > a: w '" ~ w "- o l;l w ~ !j' it Miami Beach Multipurpose Municipal Parking Facility Project July 2004 SCHEDULE C PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PERKINS & WILL HOURLY BILLING RATE SCHEDULE Classification Hourlv Billine: Rate Principal / Proj ect Director $ 165.30 per hour Proj ect Manager $ 105.00 per hour Sr. Engineer / Architect $ 84.00 per hour Engineer / Architect $ 75.00 per hour Staff Engineer $ 65.00 per hour Designer $ 110.00 per hour Drafter $ 50.00 per hour Clerical $ 40.00 per hour Traffic Consultant Principal/Director $ 170.00 per hour Traffic Consultant Project Manager $ 110.00 per hour Traffic Consultant Clerical $ 33.00 per hour Cost Estimator QC Coordination $ 120.00 per hour Cost Estimator Senior Estimator $ 90.00 per hour Cost Estimator Estimator $ 61.00 per hour 37 Miami Beach Multipurpose Municipal Parking Facility Project SCHEDULE D July 2004 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PERKINS & WILL PROJECT SCHEDULE Task 1 1.1 1.2 1.3 1.4 1.5 1.5.1 1.5.2 1.6 1.7 1.8 2 2.1 2.2 - 2.2a 2.4 2.2- 2.2a 2.4 2.2 - 2.2a 2.4 2.2- 2.5a 2.4 2.7 3 4 5 Description: Planning Services (Total) Project Kick-Off Meeting Visioning Session Project Site Reconnaissance & Development of Design Concept Alternatives Review meeting prior to CDW Community Design Workshop CDWl CDW2 Basis of Design Report (DRAFT) Review of BODR with CITY Divisions Final Basis of Design Report Design Services Field Verification Existing Conditions Detailed Design 30% 30% Design Review Detailed Design 60% 60% Design Review Detailed Design 90% 90% Design Review Detailed Design 100% 100% Design Review and Review Comment Implementation Permitting Reviews Bidding and Award Services Construction Administration Services Construction Final Completion Calendar days after Notice to Proceed 187 Days 1 Days 15 Days 35 days Concurrent with 1.1 thru 1.3 30 Days 29 Days 30 Days 14 Days 31 Days 396 Days 30 Days 57 Days 30 Days 61 Days 30 Days 59 Days 30 Days 31 Days 60 Days 90 Days 120 Days 548 Days (18 Months) 30 Days The above durations include, in calendar days, the response time of the City and the Program Manager. 38 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 SCHEDULE E PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PERKINS & WIL ALTERNATE SCOPE OF SERVICES Please refer to the Attached Schedule 39 SCHEDULE E CITY OF MIAMI BEACH, FLORIDA MULTI-PURPOSE MUNICIPAL PARKING FACILITY ALTERNATE SCOPE OF AlE CONSULTANT SERVICES, CONSULTANT: PERKINS AND WILL ARCHITECTS INC. BACKGROUND The City of Miami Beach (CITY) has developed its multi-million dollar, multi-year "Planned Progress" Capital Improvement Program to rebuild the City's existing roads, infrastructure, utilities, parks and facilities, and to build new capital projects where they are needed. The Program will dramatically improve the quality of life of the City's residents and complement the enormous amount of private reinvestment that has taken place in the City. For the park and facilities projects included in the Planned Progress Program (including the Multi-Purpose Municipal Parking Facility), the CITY has contracted the services of URS Corporation to function as Program Manager (PROGRAM MANAGER), and act as the CITY's agent with regard to all aspects of this scope of services. Hence, PROGRAM MANAGER shall serve as the focal point of contact with the Architectural/Engineering firm (CONSULTANT). The CITY will retain contractual agreement responsibilities with the CONSULTANT. This project scope is limited to the Multi-purpose Municipal Parking Facility to be located adjacent to City Hall. This scope of services refers to CONSULTANT planning (Task 1), design (Task 2), bidding and award (Task 3), and construction administration (Task 4) services, Additional Services (Task 5), and Reimbursable Expenses (Task 6) as identified below: Multi-purpose Municipal Parking Facility The Multi-purpose Municipal Parking Facility Site is bounded to the north by the "P Lot", the west by Meridian Avenue, to the east by City Hall and to the south by 1 ih Street and the City owned building at 777 Meridian Avenue. The project consists of the construction of up to 600 parking spaces, up to 50,000 square feet of retail and office space, a pedestrian bridge to the existing City Hall building, and associated streetscape and site improvements. Work elements include site demolition, renovation and construction, landscaping, lighting, and roadway interface and streetscape improvements. 1 Total construction costs budgeted for the project are approximately $14,761,250 the funding for which will be provided primarily from parking impact fees. Please note that for the Meridian streetscape improvement component of the project (excluding the actual frontage of the structure on the east side of the street from 1ih to 18th streets which is included in this scope) the approved scope of services includes only Task 1 and excludes Tasks 2 through 6. It is anticipated that the City will negotiate an additional services agreement for the scope and fee for the completion of Tasks 2 through 6 for the Meridian streetscape improvements once the improvements are identified at the conclusion of Task 1. TASK 1-PLANNING SERVICES The purpose of this Task is to develop a concept plan that meets the City's functional requirements, addresses community input, and stays within established schedule and cost parameters. The planning phase of the project will include the following major tasks: (1) Project Kick - Off Meeting; (2) Visioning Session to clarify project goals and confirm budget; (3) Site Reconnaissance Visit and Development of Design Concept Alternatives; (4) two Community Design WorkShOps to provide residents the opportunity to participate in the planning process; and (5) the preparation and presentation of a basis of Design Report (BODR) for approval by the Mayor and City Commission. Note that Tasks 1.1 through 1.4 are intended to identify the information required to develop an initial concept plan. A total of two Community Design Workshops shall be conducted as discussed in Task 1.5. Based on the results of the Community Design Workshops, a draft Basis of Design Report shall be developed as noted in Task 1.6. Subsequent City Division, Design Review Board and City Commission presentations and approvals shall be as noted in Task 1.7. A final Basis of Design Report shall then be prepared summarizing the accepted design concept, budget level cost estimate and implementation schedule as noted in Task 1.8. To facilitate the implementation of a Public Information Program, CONSULTANT shall provide electronic files of all project documents, as requested by CITY and/or PROGRAM MANAGER. Task 1.1 - Proiect Kick-Off Meetina: CONSULTANT shall meet with CITY and PROGRAM MANAGER to review existing planning documents and receive copies of 2 available reference documents. CITY and PROGRAM MANAGER shall present general discussions as to Program procedures and direction. Based on this meeting CONSULTANT will schedule a reconnaissance visit of the Project site(s). Deliverables: - Attend Project kick-off meeting. Schedule: - Within 1 calendar day of Task 1 - Planning Phase Notice- to-Proceed. Task 1.2 - Attend "Visioning" Session: The CONSULTANT shall attend a half-day "Visioning" session to be scheduled with representatives of CITY, CONSULTANT and PROGRAM MANAGER. The purpose of the "Visioning" session shall be to clarify project goals to prepare for the Community Design Workshops. Issues to be discussed shall include the proposed alternatives, budget and schedule. Deliverables: - Attend "Visioning" session with representatives from CITY and PROGRAM MANAGER. - Within 15 calendar days of Task 1.1 completion. Schedule Task 1.3 - Proiect Site Reconnaissance Visit and Development of Design Concept Alternatives: After the Visioning Session the CONSULTANT shall attend a reconnaissance site visit. The site visit will be attended by CITY staff, PROGRAM MANAGER. This will facilitate CONSULTANT's understanding of the project needs. Based on the results of the site visit, and the visioning session the CONSULTANT shall assemble a minimum of three alternative design concepts that the project may follow. At least two of the referenced concepts shall present proposed improvements possible under current budget limitations. The other concept(s) shall reflect additional levels of potential improvements that may be possible should additional funding become available. In addition, CONSULTANT shall prepare preliminary "budget" level cost estimates (+30%, -15% as defined by the American Association of Cost Engineers) for each alternative treatment indicating opinions of probable cost. Estimates shall present costs by category types (Le. paving, lighting, landscaping, etc.) and shall be prepared in a Microsoft Excel Spreadsheet format. 3 The CITY has performed certain planning efforts that identified potential locations and types of improvements anticipated. These efforts are summarized in the RFQ. Deliverables: - Attend reconnaissance project site visit - Develop three alternative design concepts - Develop "budget" level cost estimates for each concept Schedule: . Within 35 calendar days of completion of Task 1.2 services. Task 1.4 - Review Meetina Prior to Community Desian Workshops: CONSULTANT shall meet with applicable CITY and PROGRAM MANAGER Staff to ensure that any and all concerns regarding project scope, schedule and cost parameters are addressed prior to scheduling the Community Design Workshops. PROGRAM MANAGER shall prepare and distribute meeting minutes, accordingly. Deliverables: . Meet with representatives of CITY and PROGRAM MANAGER during Task 1.1 through 1.3. Schedule - Through completion of Task 1.1 through 1.3. Task 1.5 . Community Desian Workshops: Two community workshops shall be conducted to solicit and address resident input on the design of the project. CITY will schedule, find locations for, and notify residents of all such meetings. CONSULTANT shall prepare all materials for presentation at each workshop. At a minimum these shall include "full size" graphics, a summary of cost estimates, workshop agendas and requisite handouts of each. CONSULTANT shall prepare draft meeting minutes and forward them to PROGRAM MANAGER, who shall finalize and distribute, accordingly. Each workshop is intended to address specific design issues as discussed in the following: Task 1.5.1 Community Design Workshop No. 1 - The first workshop is intended to provide community residents with a review of the proposed project scope, budget and schedule. CONSULTANT shall prepare full size presentation graphics illustrating the Site Analysis Maps and Design Concept Alternatives developed under Tasks 1.2 and 1.3. As previously noted, the alternatives shall present proposed improvements possible under current budget limitations. In 4 addition, graphics shall be prepared presenting a summary of probable costs for the various improvements and the workshop agenda. "Budget" level cost estimates shall be +30%, -15% as defined by the American Association of Cost Engineers. Based on this data, CONSULTANT shall present the preliminary planning information to attendees. CITY and PROGRAM MANAGER Staff will also attend these meetings, and assist CONSULTANT with responses to resident questions, as applicable. CONSULTANT shall note reasonable design revision requests from residents for review and incorporation into the proposed plan. Due to the fixed nature of funding on the various projects within the Program, budget limits must be adhered to. CONSULTANT shall be prepared to discuss budgets and the various impacts of resident requested revisions on such, accordingly. Deliverables: - Prepare materials, attend and conduct Community Design Workshop NO.1. Schedule: - Within 30 calendar days after completion of Task 1.3. Task 1.5.2 Community Design Workshop No. 2 - The second workshop is intended to present community residents with the selected design concept, budget and schedule after consideration of the input received during Workshop No. 1. CONSULTANT shall prepare full size presentation graphics illustrating the selected design concept, along with a summary of probable costs for the improvements and the workshop agenda. The selected design concept shall be presented and shall illustrate proposed improvements possible under current budget limitations. "Budget" level cost estimates shall be +30%, -15% as defined by the American Association of Cost Engineers. Based on this data, CONSULTANT shall present the information to attendees. CITY and PROGRAM MANAGER Staff will also attend these meetings, and assist CONSULTANT with responses to resident questions, as applicable. CONSULTANT shall note that the design concepts presented during this meeting are considered "near final" and CITY will consider only minor design revision requests from residents for review and incorporation into the proposed plan. 5 Deliverables: - Prepare materials, attend and conduct Community Design Workshop No.2. Schedule: - Within 29 calendar days of Community Design Workshop NO.1. Task 1.6 - Basis of Desio" Report (DRAFTI: CONSULTANT shall prepare a draft Basis of Design Report (BOOR) presenting the results of the Community Design Workshops and final design concept plan. The BOOR will include a summary of findings and a Site Plan illustrating all proposed improvements, inclusive of demolition, utilities, buildings, lighting and landscape. Where required, CONSULTANT shall perform a study to determine the most desirable routing for proposed underground improvements. The BOOR shall include sufficient detail in plans, sections, notes and key descriptions to facilitate review by the various CITY permitting and planning divisions discussed in Task 1.7. The draft BOOR shall also include discussions and graphics illustrating: · A project implementation plan, inclusive of demolition, utilities, buildings, landscape, lighting and landscape construction with a discussion of expected impacts to the facility operations. . Proposed improvements. Description of all proposed project elements. · A "budget" level cost estimate prepared in conformance with format approved by PROGRAM MANAGER. Estimates shall be provided for both current phase and future (unfunded) improvements. Based upon CONSULTANT's cost estimate, CITY shall advise CONSULTANT if portions of the project need to be deleted, phased and/or bid as alternate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise BOOR to reflect such issues accordingly. · A schedule for implementing the Project itemized phase by phase (design, bid, award, and construction) including critical issues and the time period allowed for resolving each issue. The schedule shall be prepared in "Primavera Project Planner, Version 3.0" format or SureTrak and provided to the CITY and PROGRAM MANAGER. 6 . Discussion regarding permitting authorities having jurisdiction over Projects and provide a list of permits typically retained by the Owner and/or Contractor. Unique and/or special permitting requirements shall be identified as well as permitting fees. Deliverables: - Prepare 25 copies of the draft BODR. Schedule: . Within 30 calendar days from completion of Community Design Workshop NO.2. Task 1.7 - Review of BOOR with CITY Divisions: CONSULTANT shall meet to present and review the draft BODR with the following reviewagenc;ies: . City of Miami Beach Departments, to include representatives of the Fire, Police, Planning, Parking, Building Department, Public Works and Property Management. . City of Miami Beach Design Review Board (DRB). . City of Miami Beach City Commission. CITY and PROGRAM MANAGER shall attend review meetings and assist CONSULTANT, as practicable, in obtaining approvals from noted review agencies by participating in negotiations with such authorities. CONSULTANT retains final responsibility for procuring all necessary approvals, and for implementing required revisions and resubmissions as necessary. It is recognized by CITY and PROGRAM MANAGER that the time period for obtaining approvals from the various review agencies is beyond the control of CONSULTANT, except for issues concerning the acceptability of the proposed design concepts and CONSULTANT's ability to respond to review agency comments. CONSULTANT shall address and respond to comments received from the various reviews in writing, and implement requested revisions into the draft BODR, as agreed with CITY and PROGRAM MANAGER, within fourteen (14) calendar days of receipt of comments, unless agreed to otherwise with PROGRAM MANAGER. CONSULTANT shall draft meeting minutes and forward them to PROGRAM MANAGER, who shall finalize and distribute accordingly. 7 Deliverables: .Attend BOOR review meetings with noted committees. - Prepare draft meeting notes. - Address comments and revise BOOR accordingly. Schedule: - Within 14 calendar days of draft BOOR completion. Task 1.8 - Final Basis of Desian Report: CONSULTANT shall prepare a final BOOR based on comments and revisions implemented during the reviews with the various CITY Divisions. The final BOOR will serve as the basis for development of detailed design documents as discussed in Task 2. Deliverables: - Prepare 25 copies of a final BOOR. Schedule: - Within 30 calendar days after completion of reviews noted in Task 1.7. TASK 2 -DESIGN SERVICES The purpose of this Task is to establish requirements for the preparation of contract documents for the Project. Note that Task 2.1 requires that CONSULTANT perform a variety of forensic tasks to verify, to the extent practicable, existing conditions and the accuracy of base maps to be used for development of the contract drawings. Task 2.2 discusses requirements for the preparation of contract documents, inclusive of drawings, specifications and front-end documents. Task 2.3 establishes requirements with regard to constructability and value engineering reviews to be performed by others. Task 2.4 establishes requirements for the preparation of opinions of total probable cost by the CONSULTANT. Task 2.5 specifies requirements for review of contract documents with jurisdictional permitting agencies prior to finalization. Task 2.6 establishes requirements for developing final (100%) contract documents. To facilitate the implementation of a Public Information Program, CONSULTANT shall provide electronic files of all project documents, as requested by CITY and/or PROGRAM MANAGER. CONSULTANT shall provide the electronic files for the front end documents, technical specifications, and construction drawings. 8 Task 2.1 - Field Verification of Existina Conditions: CONSULTANT shall perform a detailed topographic survey of the existing project areas to be impacted by construction activities under the scope of this project. The survey shall be performed by a Certified Land Surveyor in the State of Florida and shall meet the minimum technical standards identified in Chapter 61G17-6, FAC. All survey files shall be prepared in AutoCAD Version 14 format with a layering system as approved by PROGRAM MANAGER. As a minimum, the survey shall address the following: . Topographic survey shall consist of establishing a baseline with 100-foot stations, and identify sectionalized land corners. Baseline of survey shall be tied into the sectionalized land monuments. · CONSULTANT shall set benchmarks at convenient locations within the project site to be used during both the design and construction phases of the project. As a minimum, permanent benchmarks shall be set at corners of the project property. CONSULTANT shall tie-in at least two existing County benchmarks. The benchmarks shall be derived from existing government benchmarks and be carried into the proposed system using Second Order, Class II procedures. A full listing of benchmark locations shall accompany the survey data. · CONSULTANT shall locate and identify all the existing surface improvements I topographic features that are visible within the project site, such as the following: ~ Existing valve boxes, water I electrical meter boxes, electrical pull boxes, telephone I cable risers, fences, hydrants, roof drains, etc. ~ Above ground and underground utilities, invert elevations of accessible underground utilities, wood I concrete utility poles, culverts, guardrails, pavement limits, headwalls, end walls, manholes, vaults, mailboxes, driveways, side streets, trees, landscaping, traffic signage and any other noted improvements. Survey shall identify fence material I height, landscaping plant materials and driveway construction materials. Landscaping materials with a trunk diameter greater than 6 - inches in diameter shall be identified. ~ All buildings including overall dimensions and finished floor elevations. 9 · Survey limits shall include the entire project site and an additional overlap to encompass all adjoining areas potentially impacted by the project. · Topographic survey I base map shall be prepared in AutoCAD version 14.0 and submitted on a 3.5-inch diskette or CD with one copy on 24-inch by 36- inch bond paper to the CITY. CAD mapping shall be performed to a scale of 1:1 in the World Coordinate System. Text size shall be 100 leroy for a final product at 1 =20 units. · Indicate geometry of perimeter private property plats (inclusive of fences, landscaping and driveways). Upon completion of the survey, CONSULTANT shall forward the same to the following agencies with a request to mark I identify their respective utilities on the survey base map. CONSULTANT shall coordinate this effort with each agency in an effort to identify the location of all underground utilities. CONSULTANT shall incorporate utility owner markups I edits into its survey base map file. CONSULTANT shall contact the following entities and request that they each verify locations of their existing improvements in the affected areas: . Florida Power and Light . BellSouth · Charter Communications · Natural Gas Utility · Miami-Dade Public Works Department · Miami-Dade Water and Sewer Authority · Others as deemed necessary Based on the collected data, CONSULTANT shall develop detailed design site plans for the project. The site plans shall include an overall key map and partial plans scaled at 1- inch equals 20 feet. CONSULTANT shall illustrate proposed improvements on the site plans based on available planning documents provided by CITY. A subsequent review 10 shall be scheduled with CITY and PROGRAM MANAGER staff to determine locations where additional field verifications, via "Soft-Dig" underground identification services, may be implemented. As a minimum, a $5,000 underground improvements verification budget allowance shall be included under this scope of services. Unused amounts in this allowance shall be credited back to the CITY at the completion of the design services. CONSULTANT shall prepare final site plans based on the information gathered herein. Copies of base maps shall be distributed to CITY and PROGRAM MANAGER. Deliverables: - Perform forensic work as noted to develop final base maps. Deliver five (5) sets of site plans to PROGRAM MANAGER. Schedule: - Within 30 calendar days after Task 2 - Design Notice to Proceed. Task 2.2 - Detailed Desion: CONSULTANT shall prepare detailed design documents consisting of general, civil, traffic, mechanical, architectural, electrical, landscaping, irrigation and structural drawings, as applicable. CONSULTANT shall use CITY standard details as provided by PROGRAM MANAGER, and as deemed appropriate by CONSULTANT. CONSULTANT shall supplement design documents with its own additional details, as it deems necessary, to provide CITY with a complete work product. All drawings shall be prepared using AutoCAD Version 14 software with a layering system as approved by PROGRAM MANAGER. Technical speCifications shall be prepared in conformance with Construction Specifications Institute (CSI) format. PROGRAM MANAGER shall furnish CONSULTANT with standard CITY specification outlines for Division 1. CONSULTANT shall refrain from amending FDOT standard specifications and including same in the detail design documents. CONSULTANT may provide technical specification sections that CONSULTANT may require, not already provided through CITY standard outlines, subject to review and comment by CITY and/or PROGRAM MANAGER. Any Supplier listings required by specifications shall include a minimum of two named Supplier's and shall meet all applicable CITY and State of Florida procurement codes. CITY standard 11 specifications shall be provided to CONSULTANT in "Microsoft MS-Word" format. CONSULTANT shall use the same software in all project related work. CONSULTANT shall utilize base front-end documents provided by CITY. CONSULTANT shall edit accordingly to result in a project specific document. Any changes I modifications to the Supplementary General Conditions shall be subject to review and acceptance by CITY. CONSULTANT shall attend four (4) progress meetings with CITY, DESIGN REVIEW BOARD (ORB) and PROGRAM MANAGER staff during the design task. CONSULTANT shall prepare and maintain a design progress schedule in prJmavera Project Planner, version 3.0 format or SureTrak. CONSULTANT shall update the schedule and review project status at each progress meeting. Should PROGRAM MANAGER determine that the CONSULTANT has fallen behind schedule, CONSULTANT shall provide a recovery schedule that will accelerate work to get back on schedule. For purposes of this Scope of Services, the following will be considered the minimum effort to be provided by CONSULTANT for establishing the detail design milestones: . 30% design completion shall consist of the completed survey I base map work as identified in Task 2.1 with the proposed improvements identified in plan view at a scale of 1-inch equals 20 feet. A key map shall also be provided which illustrates the relationship between the drawings and its respective location within the neighborhood. An outline identifying the anticipated technical specifications to be incorporated into the work shall also be submitted. CONSULTANT shall provide its "Budget" level opinion of probable cost as defined by the American Association of Cost Engineers with the submittal. . 60% design completion shall consist of the plan and profile view of all improvements, applicable sections and construction details. Prior to the preparation of the 60% design drawings the CONSULTANT shall incorporate changes to its design based upon its underground utility verification efforts. Plan and profile sheets shall be provided for water and sewer improvements. CONSULTANT shall include the technical specifications and a draft schedule of prices bid (bid form) identifying the items to be bid by the prospective contractors with the submittal. CONSULTANT shall provide its "Budget" level 12 opinion of probable cost as defined by the American Association of Cost Engineers with the submittal. The Consultant shall submit the 60% design to the DRB for review and comments. Said comments from the DRB shall be incorporated into the 90% design submittal. . 90% design completion shall consist of the entire construction document set including the front end documents (general and supplemental conditions), technical specifications and construction drawings for all the work proposed to be completed. CONSULTANT shall provide the detailed construction sequencing restrictions for the PROGRAM MANAGER's review. CONSULTANT shall provide its "Definitive" level opinion of probable cost as defined by the American Association of Cost Engineers with the submittal. Deliverables: - Furnish five (5) sets of 30, 60, 90 and 100 percent completion stage documents to PROGRAM MANAGER. - Prepare and update project schedule, on a monthly basis. - Attend progress meetings with CITY, DRB and PROGRAM MANAGER staff. Schedule: - Complete 30 percent documents within 87 calendar days after the Task 2 - Design Notice to Proceed. - Complete 60 percent documents within 178 calendar days after Task 2 - Design Notice to Proceed. Submit to DRB for review. - Complete 90 percent documents within 267 calendar days after Task 2 - Design Notice to Proceed. - Complete 100 percent documents within 328 calendar days after Task 2 - Design Notice to Proceed. Note: The above 30%, 60%, 90% and 100% design documents completions shown in calendar days are contingent upon City's reviews occurring pursuant to the attached Schedule D. 13 Task 2.2.1 - Geotechnical Evaluation CONSULTANT shall conduct a preliminary field exploration program to identify typical geotechnical conditions within the project site as further defined in Task 6.4. Actual locations shall be as directed by CONSULTANT. Task 2.3 - Desian I Constructabilitv Review: To verify that all design review meeting comments have been incorporated and design standards have been followed, PROGRAM MANAGER shall perform reviews of all design project documents at the preliminary (30 percent completion), intermediate (60 percent completion) and near final (90 percent completion) design stages. The purpose of these reviews shall be_to verify that the documents are consistent with the design intent. The PROGRAM MANAGER shall also review CONSULTANT's prepared cost estimates for the project at the 30, 60 and 90 percent submittal stages. Five (5) sets of construction drawings and specifications shall be submitted to the PROGRAM MANAGER at the 30, 60 and 90- percent design completion level. These documents will be furnished as bound 8-1/2-inch by 11-inch specifications, 2 full sets (24-inch by 36-inch) blue line drawings, and 3 full sets 11" X 17" drawings. PROGRAM MANAGER and applicable CITY departments shall perform reviews on these documents and provide written comments (in the form of markups of submitted documents) back to CONSULTANT within the timeframes specified in Schedule D. Following receipt of comments, a meeting shall be scheduled between CITY, CONSULTANT and PROGRAM MANAGER, to discuss the requirements, intent and review of comments. CONSULTANT shall prepare a written memorandum to address how each comment was resolved. Such written response shall be prepared and submitted to PROGRAM MANAGER, for acceptance, within 7 calendar days after the review session. CONSULTANT shall revise documents to include review comments accordingly. In addition, PROGRAM MANAGER shall perform constructability reviews of the design documents relative to value, construction sequencing and bid format. The reviews shall be based upon the 60 and 90 percent design submittals received from the AlE consultant(s) and shall be conducted concurrently with the 60 and 90 percent design reviews. Meetings shall be held with CONSULTANT and CITY representatives to discuss review comments, as required. A detailed review of CONSULTANT's proposed construction sequencing restrictions will be performed by PROGRAM MANAGER at the 90-percent completion stage. The CONSULTANT shall note that the PROGRAM 14 MANAGER's review of the contract documents does not relieve CONSULTANT from its responsibility to the CITY with regard to the quality of its contract documents. Deliverables: Furnish five (5) sets of the 30, 60 and 90 percent completion stage documents to PROGRAM MANAGER. Attend meetings with CITY and PROGRAM MANAGER staff to review and discuss design, constructability and value comments. Prepare written responses to comments made during review sessions. Schedule: - Complete concurrently with Design schedule. Task 2.4 - Cost Opinions: CONSULTANT shall prepare opinions of probable construction costs for each design submittal (30, 60 and 90 percent) as well as the final (100 percent) completion stage. The accuracy of the cost estimate associated with the 30 and 60 percent completion stage shall be +30% to -15% "Budget" Level as defined by the American Association of Cost Engineers. The accuracy of the cost estimate associated with the 90 and 100 percent completion stage shall be a + 15% to -5% "Definitive" Level Estimate as defined by the American Association of Cost Engineers. All estimates shall be submitted in Microsoft "Excel" format in accordance with the template approved by PROGRAM MANAGER. All estimates shall be furnished bound in 8-1/2-inch by 11-inch size. Based upon CONSULTANT's cost estimate, CITY shall advise CONSULTANT if portions of the project need to be deleted, phased and/or bid as alternate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise documents to reflect such issues accordingly. Deliverables: - Prepare opinions of probable costs at the 30, 60, 90 and 100 percent completion stages. 15 - Attend meetings with CITY and PROGRAM MANAGER staff to review and discuss cost estimates. Schedule: - Complete concurrently with Design schedule. Task 2.5 - Community Desion Review Meetina CONSULTANT shall attend and participate in one community design review meeting to review the design progress and concept at 60% design completion status. The CITY will schedule, find location for, and notify residents of said meeting. CONSULTANT shall prepare draft meeting minutes and forward them to PROGRAM MANAGER, who shall review, provide comments and distribute, accordingly. CONSULTANT base fee proposal shall include participation and attendance of one (1) meeting. CONSULTANT shall identify in the fee proposal, the cost to participate in one (1) additional such meeting should it be necessary based on Community Input. Task 2.6 - Document Revisions Based upon the input provided by the residents, CONSULTANT shall incorporate the necessary contract document as approved by the CITY. Task 2.7 - Permittina Reviews: CONSULTANT shall prepare applications and such documents and design data as may be required to procure approvals from all such governmental authorities that have jurisdiction over Project. CITY shall pay all permit fees. CONSULTANT shall participate in meetings, submissions, resubmissions and negotiations with such authorities. CONSULTANT shall respond to comments by such authorities through PROGRAM MANAGER within 10 calendar days of receipt of comments unless a different time is agreed to by PROGRAM MANAGER. It is the intent of this scope of services that CONSULTANT shall be the responsible party for formally transmitting and receiving permits to and from the respective authorities. PROGRAM MANAGER shall track and monitor progress on the preparation and review of permits and subsequent requests for information. It is recognized by PROGRAM MANAGER that the time period for obtaining permits is beyond the control of CONSULTANT except for issues concerning the permitability of the design and CONSULTANT's ability to respond to permitting agency requests for information. At the time of the scope preparation, the 16 following governmental authorities that have or may have jurisdiction over Project have been identified: . Miami Dade Water and Sewer Authority . South Florida Water Management District . Miami-Dade Department of Health . Florida Department of Environmental Protection . Miami-Dade Department of Environmental Resource Management . City of Miami Beach Building Department Failure to identify governmental authorities that have jurisdiction over Project at the time of permitting scope preparation does not relieve CO~SUL TANT from responsibility to pursue the permit as described above. Deliverables: - Correspond with jurisdictional authorities to establish permitting requirements. - Revise documents and respond to permitting inquiries as required. - Attend meetings with CITY and PROGRAM MANAGER staff to review and discuss permitting status. Schedule: - Complete within 90 calendar days after the completion of the 100 percent detail design milestone. TASK 3 -BIDDING AND AWARD SERVICES Task 3.1 - Construction Contract Document Review CONSULTANT shall assist CITY in bidding and award of the contract. PROGRAM MANAGER shall transmit permit approved contract documents prepared by the CONSULTANT to the CITY's Risk Management and Procurement Departments for 17 verification of appropriate insurance and bonding capacity requirements for each Project prior to bid. Various departments within CITY (Risk Management, Procurement and the City Attorney's Office) have non-technical review responsibility for the Construction Contract Documents. CONSULTANT shall assist PROGRAM MANAGER in this process by providing three copies of Construction Contract Documents, participating in meetings, submissions, resubmissions and discussions with these departments. CONSULTANT shall respond to CITY comments within ten calendar days of receipt of comments unless a different time schedule is agreed to by PROGRAM MANAGER. CONSULTANT's compensation has been based upon one meeting with these departments. Task 3.2 - Bid Document Delivery CONSULTANT shall provide PROGRAM MANAGER with reproducible, camera ready, sets of permit approved contract documents. The CITY Procurement Department will reproduce documents and handle the advertising, distribution, sale, maintenance of plan holder lists and other aspects of bid document distribution. Task 3.3 - Pre-Bid Conference PROGRAM MANAGER shall conduct one pre-bid conference. CONSULTANT shall attend the pre-bid conference and bid opening for each project. Task 3.4 - Addenda Issuance CONSULTANT shall provide, through PROGRAM MANAGER, timely responses to the inquiries of prospective bidders by preparing written addenda. Format for addenda shall be as provided to CONSULTANT by PROGRAM MANAGER. These queries and responses shall be documented and a record of each shall be transmitted to PROGRAM MANAGER on a same day basis. CONSULTANT shall prepare and distribute necessary addenda as approved by PROGRAM MANAGER. Task 3.5 - Bid Evaluation Within five calendar days of receipt of bids, CONSULTANT shall evaluate the bids for completeness, full responsiveness and price, including alternative prices and unit prices, and shall make a formal recommendation to CITY with regard to the award of contract. Non-technical bid requirements shall be evaluated by others. 18 This scope of services includes no allowance for CONSULTANT's time to assist CITY in the event of a bid protest. To the proportionate extent CONSULTANT's services are required in the event of a bid protest, due to a direct action or lack thereof by CONSULTANT, CONSULTANT shall participate in such activities at no additional cost to CITY. Task 3.6 - Contract Award CONSULTANT shall provide eight sets of Construction Contract Documents for execution by CITY and the successful bidder within five calendar days of request by CITY. Task 3.7 - As- Bid Contract Documents After contract award and prior to the preconstruction conference, CONSULTANT shall prepare As-Bid construction contract documents, which incorporate the following items into the construction contract documents: · Contractor's bid submittals, including but not limited to, bid proposal, insurance, licenses, etc. · Amend! modify front end documents and ! or technical specifications to incorporate changes made via contract addenda. · Revise construction contract drawings to include modifications! revisions incorporated via contract addenda. CONSULTANT shall prepare As-Bid construction contract documents and reproduce ten (10) sets for distribution to PROGRAM MANAGER within ten (10) calendar days after the City Commission approval! contract execution. Deliverables: - Attend and participate in Pre-bid conferences and bid openings. - Respond to questions from prospective bidders and prepare Addenda for distribution by others. - Prepare recommendation of award letter 19 - Prepare As-Bid contract documents, reproduce ten (10) sets and forward to PROGRAM MANAGER. Schedule: . - Upon receipt of Task 3 Bidding and Award Notice to Proceed and within 120 calendar days upon receipt of Notice to Proceed. TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES The CONSULTANT shall perform the following tasks associated with office administration activities related to the construction of the Project. These tasks shall be performed during the duration of the construction project. CONSULTANT's compensation is based upon a construction period of Eighteen (18) calendar months. Task 4.1 - Pre-Construction Conferences: CONSULTANT shall attend a pre- construction conference for the Project. PROGRAM MANAGER shall prepare and distribute meeting minutes to all attendees and other appropriate parties. PROGRAM MANAGER shall issue a Limited Notice to Proceed at the Pre-Construction Conference. A final Notice to Proceed shall be issued upon receipt of a final schedule and procurement of all applicable construction permits from the Contractor. Deliverables: -Attend and participate in pre-construction conferences. Schedule: -As scheduled by Program Manager after receipt of Task 4 Construction Administration Notice to Proceed. Task 4.2 - Weekly Construction Meetinas: CONSULTANT shall attend weekly meetings with the Contractor, PROGRAM MANAGER and applicable CITY representatives on the Project. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals and contract document clarifications and interpretations. In addition, the Contractor shall furnish a two-week look ahead work schedule to allow for proper coordination of necessary work efforts. These meetings shall also serve as a forum for discussion of construction issues, potential changes I conflicts and any other applicable matters. PROGRAM MANAGER shall prepare and distribute meeting minutes to all attendees and other appropriate parties. 20 Deliverables: - Attend and participate in weekly progress meetings with Contractors. Schedule: - Weekly throughout the project duration. Task 4.3 - Reauests for Information (RFI's): PROGRAM MANAGER will receive, log and process all RFI's. Whenever an RFI involves the interpretation of design issues or design intent, PROGRAM MANAGER shall forward the RFI to CONSULTANT. CONSULTANT shall prepare a response in fourteen (14) calendar days and return it to PROGRAM MANAGER. Deliverables: -Respond to those RFl's that involve design interpretations and return to PROGRAM MANAGER's office. Issue Contract Document Clarification's (CDC) as required. Schedule: - Ongoing throughout project construction duration. Task 4.4 - Reauests for Chanaes to Construction Cost and/or Schedule: PROGRAM MANAGER will receive, log and evaluate all requests for project cost and/or schedule changes from the Contractor. Changes may be the result of unforeseen conditions or interferences identified by the Contractor during the routine progress of work, inadvertent omissions (betterment) issues in the contract documents, or additional improvements requested by the CITY or CONSULTANT after the project bid date. Regardless of the source, CONSULTANT will evaluate the merit of the claim as well as the impact of the potential change in terms of project cost and the schedule. CONSULTANT will review claims and / or change order requests with PROGRAM MANAGER. No claims assistance services are included under this task. Deliverables: - - Perform independent review of request for cost increase and/or time extension. Coordinate and participate in meetings, as required, with PROGRAM MANAGER, CITY and Contractor to resolve and/or negotiate the equitable resolution of request. Prepare change order documentation. 21 Schedule: Ongoing throughout project construction duration. Task 4.5 - Processina of Shop Drawinas: PROGRAM MANAGER will receive, log and distribute shop drawings to CONSULTANT for its review. CONSULTANT shall have 14 calendar days from the time of receipt in its office, to review and return shop drawings to PROGRAM MANAGER's office. Deliverables:- - Review Shop Drawings and return them to PROGRAM MANAGER's office. - Ongoing throughout project construction duration. Schedule: Task 4.6 - Field Observation Services: PROGRAM MANAGER will provide field staff to observe the construction of the work. CONSULTANT shall provide specialty site visits by various design disciplines (civil, traffic, structural, mechanical, plumbing, electrical, and landscaping) on an as requested basis. For the purposes of this scope of services, it is assumed that a total of twenty-two (22) specialty site visits are included. Deliverables: - Provide up to twenty-two (22) specialty site visits. Schedule: - Ongoing throughout project construction duration. Task 4.7 - Proiect Closeout: Upon receiving notice from the PROGRAM MANAGER advising the CONSULTANT that the Project is substantially complete, CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall conduct an overview of the Project. The overview shall include development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. CONSULTANT shall develop the Substantial Completion Punch list with assistance from CITY and PROGRAM MANAGER. The Substantial Completion Punch list shall be forwarded to the Contractor. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Upon notification from PROGRAM MANAGER that all remaining "punch list" items have been resolved, the CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall perform a final review of the finished Project. Based on successful completion of all outstanding work items by the Contractor, 22 CONSULTANT shall assist in closing out the construction contract. This shall include, but not limited be to, preparation of record drawings (based on markups forwarded by Contractor through PROGRAM MANAGER), and certifying record drawings to the various affected permitting authorities. This certification shall be based on the CONSULTANT having received and reviewed all applicable test data, daily observation reports, record drawing markups, submittals, change orders and performed final walk through of the completed work during substantial and final completion punch list walk thru. Deliverables:- - Attend field meetings to review substantial completion and develop "Substantial Completion punch lists". - Certify project completion to appropriate agencies. - At the Substantial completion of project. Schedule: TASK 5 - ADDITIONAL SERVICES No additional services are envisioned at this time. However, if such services are required during the performance of the Work, they shall be requested by CITY and negotiated in accordance with contract requirements. Note that a separate notice to Proceed is required prior to performance of any Work not expressly required by this scope of services. If CONSULTANT, proceeds with out of scope Work without proper authorization, it does so at its own risk. TASK 6 - REIMBURSABLE'S Task 6.1 - Reproduction Services: CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports, contract documents and miscellaneous items, as may be requested by CITY. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 6.2 - Travel and Subsistence: Not Allowed. Task 6.3 - Survevina: 23 CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to prepare a topographical survey of the project limits which meets the requirements of sub-task 2.1. CONSULTANT's compensation shall be a reimbursement of actual costs. Consultant shall solicit no fewer than 3 proposals from properly licensed and qualified surveyors, recommend the desired firm, and receive approval from the PROGRAM MANAGER prior to engaging the surveyor. Task 6.4 - Geotechnical Evaluation CONSULTANT shall conduct a preliminary field exploration program to identify typical geotechnical conditions throughout the project site to ascertain the sub surface conditions with respect to its drainage design and structural characteristics. The program will consist of sufficient quantity, depth and type of borings to adequately define the soil characteristics for the purposes of design. Asphalt pavement depth will be determined at to establish the existing thickness of asphalt. Actual locations shall be as directed by CONSULTANT. Cost shall be limited to the noted not-to-exceed amount. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 6.5 - Underaround Utility Verification: CONSULTANT shall employ the services of an underground utility location service in an effort to better identify existing underground conditions where work is to be performed. Actual locations shall be as directed by CONSULTANT. Cost shall be limited to a $5,000 not-to-exceed amount. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Minimum Drawina Reauirement The composite set of drawings to be produced shall contain sufficient information and detail to clearly define all proposed improvements in terms of quantity, quality and location. All drawings and details shall be to a scale sufficient to be legible. The consultant shall propose a drawing list to be reviewed and approved by the Program Manager. 24 Site Plans Existing Conditions - Site Survey - to include property lines, sidewalks, pavement, landscaping, existing site improvements and buildings, fencing, lighting, overhead and underground utilities, and dimensions of buildings, pavement areas, fencing, etc. Demolition - Clearly depict existing conditions to be demolished or modified. Proposed Improvements - Clearly depict all new design elements including sidewalks, pavement areas, landscaping, buildings, recreational courts and fields, fencing lighting, utility modifications, replacements, and additions, etc. Enlarged Site plans - Where necessary to clearly define project requirements, provide enlarged site plans for specific areas of improvement. Buildina Drawinas All buildings to be renovated or constructed shall be detailed in the project drawings in sufficient detail to clearly and thoroughly depict the intended improvements or modifications and shall at a minimum include drawings from all involved disciplines: Architectural, Civil, Landscape Architecture, Structural, Mechanical, Plumbing, and Electrical. Drawings shall be organized by building and by discipline. 25 Miami Beach Multipurpose Municipal Parking Facility Project July 2004 SCHEDULE F PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PERKINS & WILL ALTERNATE CONSULTANT COMPENSATION Please refer to the Attached Schedule 40 I i i I I I i i I I to LO ~U) ..."'~g"'~O "'~~"'N"'O"'N'3,"'~ ~oggg...g8 ~g~"'8...~~gg~g8"'''' ~ ~;2;N~~"'~ "'82g8~~ 2 222~~ ~ ~ N m ~~ <b 0 t:. N ~ ~ ~ ~ ~ ~ 0; (t)~ co 0"'" (!; ~ ~ 0 ~ ~ N 0 0> Ll'J,.... ~ co ~ CO....ll) a to:1') N t:. r: 0 co o",,....;a (0 10 ~ N 0 ~ N ~ co~,.... 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"'~~ o~ 000 '" "'10 0 000 0 0 0 0 0 000 0 0010 oaa oa8 SCHEDULE F CITY OF MIAMI BEACH PARKS AND FACILITIES PROGRAM A-E CONSULTANT MERIDIAN PLANNING SERVICES ONLY {CONSULTANT COMPENSATION FEE SCHEDULE MULTIPURPOSE MUNICIPAL FACILITY 36.433 o o $1,835 $2,200 $5,152 $418 $1,229 $8.266 $0 $0- $3,373 $3,693 $1,134 ~ $727 $840 $0 $580 $580 $751 $751 $840 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 IQ ~ $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 17 24 58 5 11 88 o o 36 44 12 52 :;0 S- O 8 S- a a ~ 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- [ 0- 0- 0- 0- 0- 0- [ o [ o o o o o 409 i36.433 8 ~ 4 4 16 4 4 1Si 8 16 8 2 16 1Si 8 8 8 6" 16 3" 8 8 6" 16 3" ~ 4 8 4 4 2 2 IF NEEDED ETQ, EVlEW COMMENTS NSI 60%.90%.100% 53 $2:;20 4QJ)Q 75 $6]00 $Moo 115 $12075 10500 4 HRS EACH 4.4 REQUESTS FOR CHANGES TO CONSTRUCTION COST AND/OR SCHEDULE 4.5 PROCESSING OF SHOP DRAWINGS 4.6 FIELD OBSERVATION SERVICES (22 VISITS 4.7 PROJECT CLOSEOUT 5 ADDITIONAL SERVICES 6 OTHER DIRECT COSTS 6.1 REPRODUCTION SERVICES 6.2 MILEAGE - N1A 6.3 SURVEYING 6.4 GEOTECHNiCAl EVALUATION 6.5 UNDERGROUND UTILITY VERIFICATION 409 TOTAL HOURS TOTAL FEE ESTIMATE Hou~v Rates R:\4014\AE SCOPE OF SERVICES AND CONTRACTS\Schedule B Meridian Programing