Chen & Associates Agreement
.2 Cio l! - 2['"" '7 SJ
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
CHEN AND ASSOCIATES, INC.
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A 1 E)
SERVICES
PURSUANT TO REQUEST FOR QUALIFICATIONS NO.68-02/03
FOR THE
CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT
PROJECT
DECEMBER 2004
CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
1.1 City
1.2 City Commission
1.3 City Manager
1.4 Proposal Documents
1.5 Consultant
1.6 City's Project Coordinator
1.7 Program Manager
1.8 Basic Services
1.9 The Project
1. 9.1 The Proj ect 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
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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
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ARTICLE 3. THE CITY'S RESPONSIBILITIES
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ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
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ARTICLE 5. ADDITIONAL SERVICES
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ARTICLE 6. REIMBURSABLE EXPENSES
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ARTICLE 7. COMPENSATION FOR SERVICES
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ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
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ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
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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
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ARTICLE 11. INSURANCE
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ARTICLE 12. INDEMNIFICATION
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ARTICLE 13. VENUE
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ARTICLE 14. LIMITATION OF LIABILITY
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ARTICLE 15. MISCELLANEOUS PROVISIONS
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ARTICLE 16. NOTICE
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ATTACHED SCHEDULES:
SCHEDULE "A" - SCOPE OF SERVICES
SCHEDULE"B" - CONSULTANT COMPENSATION
SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE
SCHEDULE "D" - PROJECT SCHEDULE
SCHEDULE "E" - PROJECT GEOGRAPHIC LIMITS
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
CHEN AND ASSOCIATES, INC.
FOR PROFESIONAL
ARCHITECTURE AND ENGINEERING (AlE) SERVICES
PURSUANT TO REQUEST FOR QUALIFICATIONS NO.68-02/03
FOR THE
CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
This Agreement made and entered into this g t( day of ft,l~k," hc.',L. 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 Chen and Associates, a Florida corporation having its
principal office at 5100 NW 33rd Avenue, Suite 250, Fort Lauderdale, Florida, 33309 (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 architectural, landscape architectural, and/or
engineering services for the Project at the agreed fees as set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of
architectural, landscape architectural, and/or engmeenng and related professional services
relative to the Project. as hereinafter set forth.
NOW THEREFORE, City and Consultant, in consideration ofthe mutual covenants and
agreements herein contained, agree as follows:
CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
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 REQUEST
FOR QUALIFICATIONS No. 68-02/03 to provide architectural, engineering, design,
permitting assistance, and construction administration services needed to plan, design,
and construct for the City Center Neighborhood Right of Way Improvement Project, a
comprehensive streetscape and infrastructure improvement Project covering the City
Center Redevelopment Area, 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 Chen and Associates, a
Florida Corporation having its principal offices at 5100 NW 33rd Avenue, Suite 250, Fort
Lauderdale, Florida, 33309. 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
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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:
Survey Consultant: TBE Group, Inc..
Landscape Architect: Civic Design Associates, Inc.
Traffic Engineering: Kittelson and Associates, Inc.
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 Hazen and
Sawyer P.C. to act as Program Manager for the City's Right of Way Infrastructure
Improvements Program (Program), of which this Project is a part. Hazen and Sawyer
will function as a representative of the City in performance of its Program Management
role, as detailed in Schedule "A" entitled "Scope of Services", attached hereto.
1.8 BASIC SERVICES: "Basic Services" shall include the architectural, landscape
architectural, and/or engineering and related professional services relative to the Project,
as hereinafter set forth, including: planning, design, permitting assistance, bidding/award,
and construction administration for the Project, as described in Article 2 herein and in
Schedule "A" entitled "Scope of Services."
1.9 PROJECT: The "Project" shall mean the City Capital Project named the
"City Center Neighborhood Right of Way Improvement Project" that has been approved
by the City Commission and as described in Schedule "A" entitled "Scope of Services",
attached hereto.
1.9.1 PROJECT COST: The "Project Cost", as established by the City, shall
mean the total cost of the Project to the City including: Construction Cost,
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professional compensation, land cost, if any, financing cost, materials testing
services, surveys, contingencies and other miscellaneous costs.
1.9.2 PROJECT SCOPE: The "Project Scope" shall mean the description of
the Project contained in Schedule "A" entitled "Scope of Services", 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" entitled "Scope of Services",
attached hereto.
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
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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 Agreement 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.
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean
a legally binding agreement with Contractors.
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1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the
final plans, specifications, drawings, documents and diagrams submitted by the
Consultant pursuant to Article 2.2 and approved by the City.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written
order to the Consultant and / or Contractor approved by the City, as specified in this
Agreement, and signed by the City's duly authorized representative, authorizing a change
in the Project or the method and manner of performance thereof, or an adjustment in the
fees and/or completion dates, as applicable. Contract Amendments shall be approved by
the City Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the
City Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or
other such amount as may be specified by the City of Miami Beach Procurement
Ordinance, as amended). Even for Contract Amendments for less than twenty-five
thousand ($25,000.00), the City Manager shall retain the right to seek and obtain
concurrence of the City Commission for the approval of any such Contract Amendment.
I. I 7 ADDITIONAL SERVICES: "Additional Services" shall mean those services
described in Article 5 herein, which have been duly authorized in writing by the City
Manager prior to commencement of same.
1.18 WORK: "Work" shall mean the work to be performed on the Project by the
Contractor. pursuant to the applicable Construction Documents. whether completed or
partially completed, and includes labor and materials, equipment, and services provided,
or to be provided. by the Contractor to fulfill its obligations.
1.19 SERVICES: "Services" shall mean the services to be performed on the Project
by the Consultant pursuant to this Agreement, whether completed or partially completed,
and includes other labor and materials, equipment and services provided, or to be
provided, by Consultant to fulfill its obligations herein.
1.20 BASE BID: "Base Bid" shall mean the elements contained in the Construction
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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 - Schedule "A" entitled "Scope of Services.", attached hereto.
Schedule B - Consultant Compensation: The schedule of compensation to the Consultant
for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional
Services, as submitted by the Consultant and approved by the City.
Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation
Rates to the Consultant as submitted by the Consultant and approved by the City.
Schedule D - Project Schedule.
1.22 SCOPE OF SERVICES: "Scope of Services" shaH mean the Project Scope as
described in Schedule "A" entitled "Scope of Services", together with the Basic Services
and any Additional Services approved by the City, as described in Articles 2 and 5,
respectively herein.
ARTICLE 2. BASIC SERVICES
The Consultant shaH 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. "
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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" entitled "Scope of Services."
The Consultant shall coordinate with subconsultants and other consultants, and confonn
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 perfonned in accordance with the standard of care nonnally
exercised in the design of projects of this nature in South Florida. In addition, Consultant
represents that it is experienced and fully qualified to perfonn the Services contemplated
by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules
and regulations to perfonn such Services. Consultant warrants that it shall be responsible
for the technical accuracy of its Contract Documents.
2.1 PLANNING SERVICES:
Consultant shall perfonn 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. I, Consultant shall
prepare design documents. as noted in attached Schedule "A" entitled "Scope of
Services."
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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:
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
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 of the 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
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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 Project Coordinator, the Program Manager, and others that
have been contracted to perform Services and / or Work pertaining to the Project. While
the Services to be provided by Consultant under this Agreement will be provided under
the general direction of the Project Coordinator. it is the intent ofthis 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
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 of this Agreement, others are required to verify, review,
or consider any work performed by Consultant, including but not limited to the design
professionals, Contractors, and other consultants retained by the City, the intent of such
requirement is to enable the Consultant to receive input from others' professional
expertise to identify any discrepancies, errors or omissions that are inconsistent with
industry standards for design or construction of comparable public projects; or which are
inconsistent with applicable laws, codes, ordinances, and regulations; or which are
inconsistent with standards or decisions provided in writing by the Project Coordinator.
Consultant will use reasonable care and skill in accordance with and consistent with
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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
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
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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 may be waived 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 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
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.
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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
effort without the prior written consent ofthe City shall be at Consultant's sole risk.
2.7.15 Consultant shall establish, maintain and categorize in accordance with City CIP
central filing system, files of documents, letters, reports, prepare and take minutes of
every meeting, 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
ofthe Project.
2.7.16 It is further the intent ofthis Agreement that the Consultant shall perform its duties
under this Agreement in a competent, timely and professional manner and that it shall be
responsible to the City for any failure in its performance except to the extent that acts or
omissions by the City or others make such performance impossible.
2.7.17 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
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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
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Coordinator to act as the City's
representative with respect to services to be rendered under this Agreement (herein after
referred to as Project Coordinator). The Project Coordinator shall have authority to
transmit instructions, receive information, interpret and define City policies and decisions
with respect to Consultant's Services on this Project. However, the Project Coordinator is
not authorized to issue any verbal or written orders or instructions to Consultant that
would have the effect, or be interpreted to have the effect, of modifying or changing in
any way whatsoever, unless approved by the City Manager and/or City Commission in
compliance with Article 1.16 requirements, including but not limited to the following:
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
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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
Proposal 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 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
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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.
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.
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3.7.5 The City Commission shall approve or consider all Contract Amendments
that exceed the sum of twenty five thousand dollars ($25,000.00) or other such
amount as may be specified by the City of Miami Beach Procurement Ordinance,
as amended.
3.8 The City Manager or his designee(s) shall serve as the City's representative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant. These authorizations shall include, without limitation: reviewing, approving,
or otherwise commenting upon the schedules, plans, reports, estimates, contracts and
other documents submitted to the City by the Consultant.
3.8.1 The City Manager shall decide, in his professional discretion, matters
arising pursuant to this Agreement which are not otherwise expressly provided for
in this Agreement, and shall attempt to render administrative decisions promptly
to avoid unreasonable delay in the progress of the Consultant's Services. The City
Manager, in his administrative discretion, may consult with the City Commission
concerning disputes or matters arising under this Agreement regardless of whether
such matters or disputes are enumerated herein.
3.8.2 The City Manager shall be authorized, but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the
Consultant, provided, however, that the Consultant's compensation or other
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 Article 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
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CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
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
circumstances, such as Force Majeure, which is beyond the control of the parties. Any
expenditure above this amount shall be subject to prior City approval by passage of an
enabling resolution and amendments to the appropriate agreements relative to the Project,
prior to any modification of the Construction Cost. Provided further, however, that even
in the event of a Force Majeure, as defined in Article 1.11, 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) reject all bids or proposals, authorize rebidding, or
(if permissible) authorize a renegotiation of the Project within a reasonable time;
(3) abandon the Project and terminate the Consultant's Services for the Project
covered by this Agreement without further liability to the City; (4) select as many
Deductive Alternatives as may be necessary to bring the award within the
Construction Cost Budget; or (5) cooperate with the Consultant in reducing the
Project scope, construction schedule, and sequence of Work, as may be required
to reduce the Construction Cost Budget. In the event the City elects to reduce the
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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 and or lump sum, as provided in Schedule "C" with a
"Not to Exceed" amount on additional Reimbursable Expenses (if any); the amended
Construction Cost Budget (if applicable); and an amended completion date for the Project
(if any). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable,
which the Consultant shall not exceed without specific written authorization frorn 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 III 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.
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5.3.3 Providing such other professional services to the City relative to the
Project 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 otherwise
expressly provided for herein. To the 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.
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 rnay
include the following:
6.2.1 The cost of testing or investigation of underground utilities, if authorized
by the 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
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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 special graphics for
comrnunity workshops
6.2.4 Permit fees for all necessary City of Miami Beach agencies having
jurisdiction over this project shall be waived by the City. Other permit fees
shall be paid by the City.
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 This Agreement is a Lump Sum Agreement. The Consultant shall be compensated
at a Lump Sum not to exceed fee as listed in Schedule "B" for Basic Services, which for
invoicing and tracking purposes, is 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 Project Coordinator. Note
that 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.
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 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 Project Coordinator. No markup shall be allowed on subcontracted Additional
Services.
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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
administrative charges shall be allowed on Reimbursable Expenses.
7.4 The City and the Consultant agree in accordance with the terms and conditions of
this Agreement that:
7.4.1 If the scope of the Project or the Consultant's Services is changed
substantially and materially, the amount of compensation may be equitably
adjusted by mutual agreement of the parties.
7.4.2 Commencing on October 1, 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 retain age shall be made from the Consultant's compensation on account of
sums withheld from payments to Contractors.
7.6 Method of Billing and Pavment. 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 respective hourly billing rate associated with the
employee category from the Hourly Rate Schedule as per Lump Sum Contract. In
the event subconsultant work is accomplished utilizing the lump sum method, the
percentage of completion shall be identified. Billings shall also itemize and
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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 the Project. Consultant shall deliver the above documents to the
City within thirty (30) days of completion of the Project, or termination of this
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CITY CENTER NEIGHBORHOOD RIGHT OF WA Y IMPROVEMENT PROJECT
Agreement, or termination or abandonment of the Project.
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 (per original contract) of such incomplete Services, and the
cost of completion of such Services which would have resulted from payments to
the Consultant hereunder had the Agreement not been terminated.
10.2.2 Payment only for Services satisfactorily performed by the Consultant and
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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 (I) 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, asset 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.
lOA Termination Bv Consultant. The Consultant may only terminate this Agreement
for cause in the event that the City willfully violates any provisions of this Agreement or
unreasonably delays payment for the Services, upon written notice to the City, thirty (30)
days prior to termination. In that event, payment for Services satisfactorily performed by
the Consultant and accepted by the City prior to receipt of a Notice of Termination shall
be made in accordance with Article 7 herein. In the case oftermination by Consultant for
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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 ernployed 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
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
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CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
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.
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ARTICLE 12. INDEMNIFICATION
12.1 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
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CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
terms of the Agreement, less any amount(s) paid to Consultant thereunder. Consultant
hereby expresses its willingness to enter into this Agreement with Consultant's recovery
from the City for any damage action for breach of contract to be limited to a maximum
amount of the fee for Services agreed upon under the terms of the Agreement, less the
amount of all funds actually paid by the City to the Consultant
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to Consultant for money
damages due to an alleged breach by the City of this Agreement in an amount in excess
of the amount of fee under any this Agreement, which amount shall be reduced by the
amount actually paid by the City to Consultant for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed
upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in
this Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Section 768.28, Florida Statutes.
ARTICLE 15. MISCELLANEOUS PROVISIONS
15.1 The laws of the State of Florida shall govern this Agreement.
15.2 Equal 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;
recruitrnent advertising, layoff or compensation; and selection for training, including
apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action
Policy.
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15.3 Public Entitv Crimes Act: In accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed
on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to the City, may not submit a
bid on a contract with the City for the construction or repair of a public building or public
work, may not bids or leases of real property to the City, may not be awarded or perform
work as a contractor, supplier, subcontractor, or subconsultant under a contract with the
City, and may not transact business with the City in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for Category Two for a period of 36
months from the date of being placed on the convicted vendor list. Violation of this
Section by Consultant shall result in cancellation and may result in Consultants
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 Agreernent. 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
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CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
ordinances of the City of Miami Beach, and with all applicable rules and regulations
promulgated by local, state and national boards, bureaus and agencies as they relate to
this Project.
15.7 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered by Consultant, under any circumstances, without the prior written
consent of City.
15.8 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein;
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
ARTICLE 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
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CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
With a copy to:
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:
Ben Chen, P.E.
Chen and Associates, Inc.
5100 NW 33rd Avenue, Suite 250
Fort Lauderdale, FL 33309
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly autho . ed officers and principals, attested by their
respective witriesses and City Clerk on t d year first hereinabove written.
A~est Y7
-tWfiAAO i CLJtJ,u,~
CITY CLERK
DASTO
FORM & lANGUAGE
& FOR EXECUnON
CONSULTANT ~ 11-'ll-=.t!/
CHEN AND ASSOCIATES, '. Altomey fl\V-' Date
V3~taL.-
Pres ent
B~ J.{. cheYJ
I BEACH
MAYOR
Attest
~~
Secretary
Print Name
.:'
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CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CHEN AND ASSOCIATES
SCOPE OF AlE CONSULTANT SERVICES
33
SCHEDULE A
CITY CENTER NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENT PROJECT
SCOPE OF AlE CONSULTANT SERVICES
CONSULTANT:
Chen and Associates. 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.
As part of the "Planned Progress" Program, comprehensive right of way improvement projects
are being undertaken in each of 13 City neighborhoods including the City Center neighborhood.
The City Center neighborhood is bounded on the east by Collins Avenue, on the north by 23'd
Street and Dade Boulevard, on the west by Alton Road, and on the south by 16th Street. The
City Center neighborhood contains the Convention Center, CITY Hall, Lincoln Road, the Collins
Avenue hotel district, the Jackie Gleason Theatre, the site of planned expansion of the New
World Symphony, the Miami Beach Botanical Garden, and other significant municipal and
private developments. The neighborhood also contains portions of the National Register Art
Deco Architectural District (Exhibit "B".)
The City Center Neighborhood ROW Improvement Project will encompass comprehensive
streetscape, drainage, and water supply improvements. Streetscape improvements appropriate
to the high-density, downtown character of the neighborhood will be identified during the Project
planning process. Anticipated drainage and water improvements are described in the attached
"Stormwater Priority Basin No. 23" (Exhibit "C") and CITY Water Line Replacement Master Plan
(Exhibit "D). The primary source of funding for the Project will be the City Center RDA, a tax
increment financing district officially created in 1993 by the CITY to fund redevelopment efforts
in the district.
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The CITY has contracted the services of Hazen and Sawyer, P.C. to function as PROGRAM
MANAGER (PROGRAM MANAGER), and act as the CITY's agent with regard to all aspects of
this scope of services. Hence, the PROGRAM MANAGER will serve as the focal point of
contact with the Architectural/Engineering firm (the CONSULTANT). However, the CITY will
retain contractual agreement responsibilities with the CONSULTANT firm.
Due to the large number of projects that will be ongoing concurrently during the Program, the
CITY and PROGRAM MANAGER have developed a Program Work Plan (PWP) detailing
procedures and policies for the overall ROW Program. This PWP dictates the respective
responsibilities and levels of authority for all program team members. Organizational structure
flowcharts and team member duties are included to establish a working understanding
regarding reporting and communication relationships on the Program. The PWP includes a
listing of design and construction phase deliverables from the various AlEs and Contractors,
along with proposed CITY and PROGRAM MANAGER duties during the planning, design, bid,
award and construction phases of the Program. One copy of the PWP will be given to the
CONSULTANT, who agrees to comply with procedures set forth therein.
The CITY plans to / has initiated the planning and/or design of various improvements within the
City Center Project Area. Hence, the CONSULTANT shall coordinate its work efforts as
necessary with the following, as a minimum:
. MIAMI BEACH BOTANICAL GARDEN
· 17TH ST. SITE DEVELOPMENT (NEW WORLD SYMPHONY PROJECT)
. CITY HALL PARKING GARAGE
. P-LOT DEVELOPMENT
· COLLINS-LINCOLN MEDIAN/STREETSCAPE PROJECT(BID PACKAGE 10D -
WASHINGTON AVENUE PROJECT)
It is anticipated that this project shall be prepared and bid I constructed as two separate bid
package; as follows:
· Bid Package 9A: City Center ROW Improvements - Historic Districts
· Bid Package 9B: City Center ROW Improvements - Commercial Districts
Reference attached Exhibit "B" for the proposed boundaries of each project area.
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SCOPE OF SERVICES
The purpose of the City Center ROW Infrastructure Project is to provide for the restoration and
enhancement of streetscapes and infrastructure, consistent with existing available master plans,
qualified decisions of applicable CITY Departments and community preferences. The proposed
project shall include potable water and storm drainage infrastructure upgrades, and restoration
and enhancement of the neighborhood's hardscape, landscape, streetscape, irrigation, and
lighting. Sanitary sewer upgrades are not anticipated as part of the Project.
Improvements may include restoration and enhancement to the function and aesthetics of the
following:
. Upgrading the stormwater drainage collection and disposal system to meet The
CITY Stormwater Master Plan recommendations. This effort shall include all
modeling efforts necessary to verify compliance with noted model requirements,
and as may be required by the PWD and jurisdictional agencies to achieve a
permittable design.
· Replacement of existing water mains to meet The CITY Water Master Plan
recommendations. This effort includes pipe replacement designs and requisite
jurisdictional permit procurement. However, hydraulic modeling efforts in support
of permit applications will be provided by the PWD.
Street resurfacing and new pavement markings.
. Swale restoration, and/or curb and gutter restoration or upgrades.
. Repair, extension, or widening of sidewalks and crossing ramps to provide
continuous, ADA-Title III compatible separated pedestrian ways.
Installation of new pedestrian-scale street lighting and/or upgrade of existing
lighting to correct deficiencies where needed.
Providing enhanced landscaping, development of additional areas for planting
opportunities, and new / enhanced irrigation to support such plantings within the
street right-of-way, as consistent with community and CITY staff preferences.
This shall include consideration of street furnishings and appurtenances.
. Improving of lighting, landscaping, fencing, and/or parking, where appropriate.
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. Physical and/or operational improvements to project streets for the purposes of
beautification and pedestrian access.
. When traffic calming is the desired effect, improvements must be able to be
permitted in Miami-Dade County and coordinated with the CITY's Public Works
Department as well as the Transportation and Concurrency Management
Division. Within multi-family areas, streets shall be designed to provide
additional, organized, on-street parking to the extent allowed within each
geographic areas in consideration of historic or environmental designations and
community preference.
The work effort shall require that all existing and proposed aboveground improvements be
coordinated with existing and proposed below underground infrastructure improvements, which
may include the following tasks:
. Upgrading the drainage collection system
· Repair or replacement of water mains.
. Coordination with other entities, including but not limited to, Florida Power and
Light Company, BellSouth, Atlantic Broadband, and others as may exist within
the public right of way
. Coordination with Public and Private Developments that are, or will be
implementing improvements adjacent to the City Right of Way.
Underground water and drainage infrastructure improvements are generally identified in: the
CITY of Miami Beach Comprehensive Stormwater Management Program Master Plan, (March
1997), and the CITY of Miami Beach Water System Master Plan, (November, 1994), and in
subsequent amendments to the plans and decisions of the CITY's Public Works Department.
Total estimated construction costs budgeted for this Bid Package approximates $19,000,000,
which includes a 10% construction change order contingency that is to be held in reserve by the
CITY for construction phase usage. Hence, the CONSULTANT shall be tasked with planning
and designing a project to a total target construction budget of $17,000,000. This target
construction budget is funded from the CITY Center RDA and consists of the approximately
$9,000,000 for streetscape, $1,000,000 for water, and $7,000,000 for stormwater.
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TASK 1 - PLANNING SERVICES
The purpose of this Task is to develop a concept plan that meets the City's functional
requirements, incorporates community input, and stays within established schedule and cost
parameters. The CITY has previously met with neighborhood representatives to review
improvements and has identified certain items that are to be considered. These items were
discussed in the previous sections of this scope of services. Please note that descriptions
provided therein are not considered all encompassing, but are only intended to provide the
CONSULTANT with a starting point from which to base its conceptual plan upon. For this
purpose, a series of Community Design Workshops are specified in Task 1.5 to present the
CONSULTANTs plan and solicit input from the community. Solicited input shall be reviewed by
the CONSULTANT and incorporated, with the CITY approval, into the CONSULTANT's work
product. It is anticipated that a total of two Community Design Workshops (COWs) shall be held
per bid package to present the plan and its subsequent revisions to gain the consensus of the
community. Based on the results of these COWs, a draft Basis of Design Report (BOOR) shall
be developed as noted in Task 1.6. Subsequent interdepartmental and Historic Preservation
Board design reviews I presentations and approvals shall be as noted in Task 1.7. A final BOOR
shall then be prepared summarizing the accepted design concept, budget level cost estimate
and implementation schedule as noted in Task 1.8.
In addition, please note that to facilitate the implementation of the CITY's Public Information
Program, the CONSULTANT shall provide electronic files of all project documents upon request
by the CITY and I or the PROGRAM MANAGER.
Task 1.1 - Proiect Kick-Off Meetina: The CONSULTANT shall meet with the CITY and
PROGRAM MANAGER to review existing planning documents, discuss results of previous
scoping sessions held with affected neighborhood representatives, and receive I review copies
of available reference documents. In addition, the CITY and PROGRAM MANAGER will present
general discussions as to Program procedures, timelines, and budgets. The CONSULTANT
shall prepare draft meeting minutes and forward them to PROGRAM MANAGER for review and
comments. The CONSULTANT shall finalize and distribute, accordingly. During this meeting,
the CONSULTANT shall schedule a reconnaissance visit of the Project site, to be attended by
critical CONSULTANT personnel, as well as key CITY and PROGRAM MANAGER staff.
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Deliverables:
. Attend Project kick-off meeting.
Schedule:
. Within 5 working days of Task 1 - Planning Phase Notice-to-
Proceed.
Task 1.2 - Proiect Site Reconnaissance Visit: The CONSULTANT shall attend a Site
Reconnaissance Visit. This site visit shall also be attended by applicable the CITY and
PROGRAM MANAGER staff. The site visit is intended to facilitate the CONSULTANT's
understanding of the project area needs. The CONSULTANT shall prepare draft meeting
minutes and forward them to PROGRAM MANAGER for review and comments. The
CONSULTANT shall finalize and distribute, accordingly.
Based on the results of the site visit and materials presented at the Kickoff Meeting, the
CONSULTANT shall develop reference images for a variety of recommended streetscape
treatments that they propose for the CITY consideration. As a minimum, alternative plan view
treatments shall be developed for each type of different ROW width encountered within the
project area. In addition, individual alternative treatments shall be developed for each similar
width ROW that exhibits different characteristics (multi-family, commercial, single family, civic,
etc.). Alternative treatments shall illustrate proposed improvements including, as a minimum,
parking, sidewalks curbs, gutters, plantings, bulbouts, traffic calming features, lighting
enhancements and similar features to allow the CITY a full understanding of proposed
improvement alternatives. All such alternative treatments shall also take into account adjacent
improvements as applicable. The CONSULTANT is advised that the CITY's previous reference
work products may be utilized and these work products may require revisions by the
CONSULTANT. In addition, the CONSULTANT shall prepare preliminary "budget" level cost
estimates (+30%, -15% as defined by the American Association of Cost Engineers) for each
work component I alternative treatment, indicating opinions of probable cost. Estimates shall
present costs by category types (Le. underground utility construction, paving, lighting,
landscaping, etc.) and shall be prepared in a Microsoft Excel Spreadsheet format. PROGRAM
MANAGER will provide a template for the requisite cost estimate format to the CONSULTANT.
Deliverables:
- Attend Site Reconnaissance Project Site Visit
- Develop alternative reference images as noted above
- Develop "budget" level cost estimates
Schedule:
- Within 60 working days of completion of Task 1.1 services.
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Task 1.3 - Attend "Visioning" Session: After conducting the Site Reconnaissance Project
Site Visit, developing alternative treatment I reference images and cost estimates, the
CONSULTANT shall attend a "Visioning" session to be scheduled with representatives of the
CITY, the CONSULTANT and PROGRAM MANAGER. The purpose of the "Visioning" session
shall be to clarify project goals to prepare for Community Design Workshops. Issues to be
discussed shall include the proposed project elements (i.e. stormwater, streetscape,
landscaping, electrical, etc.) budget and schedule. At this meeting, the CONSULTANT shall
present its Project concepts and document input from the various the CITY attendees. In this
effort, the CONSULTANT shall make revisions to its proposed I selected treatments as
necessary to develop a Recommended Approach as approved by the CITY. This is the
approach that will be presented at the Community Design Workshops. The CONSULTANT shall
prepare draft meeting minutes and forward them to PROGRAM MANAGER for review and
comments. The CONSULTANT shall finalize and distribute, accordingly.
Deliverables:
. Attend "Visioning" session with representatives from the CITY
and PROGRAM MANAGER.
Revise proposed treatments and develop final materials for a
Recommended Approach as approved by the CITY
Schedule
- Within 10 working days of Task 1.2 completion.
Task 1.4 - Review Meetina Prior to Community Desian Workshops: After conducting the
project site visit, developing reference images and cost estimates, attending the Visioning
Session, addressing all the CITY comments and developing the Recommended Approach, the
CONSULTANT shall meet with applicable CITY and PROGRAM MANAGER staff in a Pre-COW
meeting format to ensure that any and all concerns regarding project scope, schedule and cost
parameters are addressed prior to scheduling the first of two Community Design Workshops for
each Bid Package. Note that one Pre-COW will be held prior to each COW for each Bid
Package (total of four). The CONSULTANT and its key Sub-Consultants shall attend all
meetings.
Deliverables:
- Meet with representatives of the CITY and PROGRAM
MANAGER during work performed for Task 1.1 through 1.3.
Schedule:
- Through completion of Task 1.1 through 1.3. .
Task 1.5 . Community Desian Workshops: The intent of Community Design Workshops
(COWs) is to provide the CONSULTANT the opportunity to present the proposed improvements
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(hardscape, landscape, water and stormwater components) to the community for the purpose of
achieving general consensus with residents. To this end, it is anticipated that a total of two
COWs shall be conducted for each of the two Bid Packages being developed under the scope
of this contract. The CITY will schedule, find locations for, and notify residents of, all such
meetings. The CONSULTANT shall prepare all materials for presentation at the workshop. At a
minimum, these shall include presentation materials, "full size" specialty graphics which depict
the proposed improvements, a summary of cost estimates, workshop agendas, resident
comment cards and requisite copies of each. It is anticipated that the CONSULTANT will utilize
a "PowerPoint" type format for its presentation, with support from standalone graphics and
handout materials. In addition, the CONSULTANT shall prepare draft meeting minutes and
forward them to PROGRAM MANAGER for review and comment. The CONSULTANT shall
finalize and distribute the final minutes accordingly. Each workshop is intended to address
specific design issues as discussed in the following:
Task 1.5.1 Community Design Workshop No.1 - This workshop is intended to
provide community residents with a review of the proposed project scope and budget.
The CONSULTANT shall also present the proposed schedule and create a consensus
plan with community concurrence. The CONSULTANT shall prepare full size
presentation graphics illustrating existing conditions proposed project components
developed under Tasks 1.2 and 1.3. In addition, graphics shall be prepared presenting a
summary of probable costs for the various improvements and the workshop agenda.
"Budget" level cost estimates shall be +30%, -15% as defined by the American
Association of Cost Engineers. Based on this data, the CONSULTANT shall present the
plan for proposed improvements to attendees. Applicable CITY and PROGRAM
MANAGER staff shall also attend these meetings, and assist the CONSULTANT with
responses to resident questions, as they pertain to the CITY related issues. The
CONSULTANT shall note reasonable design / concept 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. Hence, the
CONSULTANT shall be prepared to discuss budgets and the various impacts of resident
requested revisions on such, accordingly. The CONSULTANT shall prepare draft
meeting minutes and forward them to PROGRAM MANAGER for review and comment.
The CONSULTANT shall then finalize and distribute the final minutes, accordingly.
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Deliverables:
- Prepare materials, attend and conduct Community
Design Workshop NO.1
Schedule:
- Within 45 working days after completion of Task 1.4
Task 1.5.2 Community Design Workshop No.2 - The CONSULTANT shall prepare
for and attend a second workshop to present community residents with the revised plan
of proposed improvements, budget and schedule based on the input received during
CDW NO.1. The CONSULTANT shall meet with applicable CITY and PROGRAM
MANAGER staff, as noted in Task 1.4 above, to ensure that any and all concerns
regarding residents input, project scope, schedule and cost parameters are addressed
prior to scheduling the second Community Design Workshop. The CONSULTANT shall
prepare full size presentation graphics illustrating the proposed plan of improvements,
along with a summary of probable costs for the 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, the CONSULTANT shall present the
information to attendees. Applicable CITY and PROGRAM MANAGER staff shall also
attend these meetings, and assist the CONSULTANT with responses to resident
questions. The CONSULTANT shall note that the design concepts presented during this
meeting are considered "near final" and it is the CITY's intent to consider only minor
design revision requests from residents for review and incorporation into the proposed
plan. The CONSULTANT shall prepare draft meeting minutes and forward them to
PROGRAM MANAGER for review and comments. The CONSULTANT shall finalize and
distribute the final minutes accordingly.
Deliverables:
- Prepare materials and attend pre-CDW and CDW NO.2.
Schedule:
- Within 60 working days after completion of Task 1.5.1
Task 1.6 - Basis of Desion Report (DRAFT): The CONSULTANT shall prepare a draft Basis
of Design Report (BODR) presenting the results of the Community Design Workshop(s) and
final consensus I funded design plan. The BODR shall include a summary of findings and
exhibit(s) illustrating all proposed improvements under the current phase of the project, inclusive
of water, stormwater, streetscape and landscape. In addition, the BODR 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.
As a minimum, the draft BODR shall include discussions and graphics illustrating:
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· Executive Summary summarizing the contents of the BOOR
· A section reviewing the existing conditions to be improved.
· A section reviewing the planning process and development of the final
recommended funded improvement plan. This section shall included detailed
presentations of all proposed improvements.
· A project implementation plan, inclusive of utility and streetscape construction
phasing and traffic control details with a discussion of expected impacts to the
affected neighborhood.
· Proposed water -and stormwater improvements. A corridor study may be required
if routing is not clearly indicated on existing planning documents, or if proposed
routing is determined to be congested with existing improvements.
· A preliminary discussion of existing right-of-way encroachments, including the
extent and locations of such.
· A section discussing general concepts which are unfunded items, but were
byproducts from the planning process.
· A "budget" level cost estimate prepared in conformance with format provided by
PROGRAM MANAGER. Estimates shall be provided for both current (funded) and
unfunded improvements. Based upon the CONSULTANT's cost estimate, the
CITY will advise the CONSULTANT if portions of the project need to be deleted,
phased and/or bid as alternate bid items to satisfy existing fiscal constraints. The
CONSULTANT shall revise the BOOR to reflect such issues accordingly.
· A schedule for implementing the Project by phases (i.e. design, bid, award,
construction) including critical issues and the time period allowed for resolving
each issue.
· Discussion regarding permitting authorities having jurisdiction over Project 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.
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· Consultant shall provide a tabulation of quantities of each type of improvement
unit item and other information required to allow City to establish life cycle
operating and maintenance requirements and costs.
Five copies of the draft BODR shall be provided to the PROGRAM MANAGER for initial review
and comments and shall contain the following sections, as a minimum: Executive Summary,
Purpose and Scope, Existing Conditions, Funded Improvements and Unfunded Plan, Permitting
and Implementation and Cost Estimates.
Deliverables:
- Prepare 35 copies of the draft BODR.
Schedule:
- Within 35 working days from completion of Community
Design Workshop NO.2
Task 1.7 - Review of BOOR with the CITY Departments: The CONSULTANT shall meet to
receive, present and review the draft BODR with the following CITY Departments / review
entities:
· City of Miami Beach Parks and Recreation Department
· City of Miami Beach Police Department
· City of Miami Beach Planning Department
· City of Miami Beach Public Works Department
· City of Miami Beach Fire Department
· City of Miami Beach Parking Department
The CITY will forward copies of the draft BODR to the above noted Departments. Comments
shall be solicited and forwarded to the CONSULTANT for review / comment / response /
incorporation into the draft BODR document. It is anticipated that the CONSULTANT shall
attend a total of up to two meetings with the various Department representatives to review the
various Department comments. The CITY and PROGRAM MANAGER will attend the noted
review meeting(s) and assist the CONSULTANT, as practicable, in obtaining approvals from
noted review agencies by participating in negotiations with such authorities. However, the
CONSULTANT retains final responsibility for procuring all necessary approvals, and for
implementing required revisions and resubmissions as necessary. The CONSULTANT and its
key Sub-Consultants shall attend all meetings as deemed necessary. It is recognized by the
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CITY and PROGRAM MANAGER that the time period for obtaining approvals from the various
review agencies is beyond the control of the CONSULTANT, except for issues concerning the
acceptability of the proposed design concepts and the CONSULTANT's ability to respond to
review agency comments. Hence, the 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 the CITY and PROGRAM MANAGER, within ten (10) working days of
receipt of comments, unless agreed to otherwise with PROGRAM MANAGER.
Upon incorporating the comments received from the various CITY Departments; the
CONSULTANT shall revise its draft BODR and then present the full BODR (with requisite
graphics and PowerPoint presentation materials) to the Historic Preservation Board. This
presentation is intended for informational purposes only, and is not to be confused with the
CONSULTANTs responsibilities regarding full I formal Historic Preservation Board presentation
requirements discussed under the Design Phase Task.
Deliverables:
- Attend BODR review meetings.
- Address comments and revise BODR accordingly.
- Present BODR to HPB
- Within 60 working days of draft BODR completion.
Schedule:
Task 1.8 - Final Basis of DesiQn Report: The CONSULTANT shall prepare a final BODR
based on comments and revisions implemented during the reviews with the various the CITY
Departments I review entities as noted in Task 1.7. This final BODR serves as the basis for
development of detailed design documents as discussed in Task 2. It shall also be used as the
basis for the CONSULTANT's presentation of the Final BODR to the City Commission for
approval. If the City Commission directs revision to the Final BODR, the CONSULTANT shall
prepare an Addendum, in the CITY provided format. for distribution to all Final BODR holders.
Deliverables:
- Prepare 35 copies of a final BODR and Addendum, as
necessary.
- Present the BODR to the City Commission for approval
- Within 20 working days after completion Task 1.7.
Schedule:
Task 1.9 - Additional Review MeetinQs:
In addition, to all required efforts noted above, the CONSULTANT shall attend and participate in
up to five (5) additional meetings with those agencies I committees requesting revisions and I or
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other meetings requested by the CITY. The CONSULTANT and its key Sub-Consultants shall
attend all meetings as deemed necessary.
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 the 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, the CONSULTANT shall
provide electronic files of all project documents, as requested by the CITY and/or PROGRAM
MANAGER for posting on the program website. The CONSULTANT shall provide the electronic
files for the front-end documents, technical specifications, and construction drawings in MS-
Word, AutoCAD and Adobe Acrobat file format.
Due to the large number of projects that will be ongoing coincidentally during the Program, the
CITY and PROGRAM MANAGER have developed a Design Standards Manual (DSM) detailing
procedures, standards and policies regarding design of all Program projects. One copy of the
DSM will be given to the CONSULTANT, who agrees to comply with all procedures set forth
therein. The CONSULTANT retains all responsibilities for providing and ensuring compliance of
all applicable information / requirements in the DSM to all of its sub-consultants and agents.
Task 2.1 - Field Verification of ExistinCl Conditions: The CONSULTANT shall perform a
topographic survey of the existing right of way areas to be impacted by construction activities
under the scope of this project. The topographic survey shall meet the minimum requirements
noted in the attachment to this scope of services entitled "Minimum Design Features to be
Shown on Drawings". In addition, note that the topographic survey shall include sufficient detail
to allow for the smooth transition from public right of way to adjacent public / private property in
the areas where existing improvements will be refurbished and will require transition to adjacent
improvements. The survey shall be performed by a Professional Land Surveyor in the State of
Florida and shall meet the minimum technical standards identified in Chapter 61G17-6. FAC.
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All survey files shall be prepared in AutoCAD Version 2000 format with a layering system as
directed by the CITY in the DSM. As a minimum, the survey shall address the following:
· Topographic survey shall consist of establishing a baseline with 100-foot stations,
and identify right-of-way monuments and sectionalized land corners. Baseline of
survey shall be tied into the right-of-way and sectionalized land monuments. Right-
of-way information shall be obtained from available records by the CONSULTANT.
· The CONSULTANT shall set benchmarks at convenient locations along the corridor
to be used during both the design and construction phases of the project. As a
minimum, permanent benchmarks shall be set at 1,OOO-foot intervals along the
alignment. In addition, the CONSULTANT shall tie-in at least two existing
government County monuments to vertical circuit and shall take cross sections at
1 DO-foot intervals along all project corridors. The benchmarks shall be derived from
existing government benchmarks and be carried into the proposed system using
Second Order, Class II procedures A full listing of benchmark locations shall
accompany the survey data.
· Cross section elevations shall define all grade breaks such as intersections, swale,
edge of pavement, pavement centerline, curb and gutter, edges of sidewalk,
driveway connections, right-of-way line, edge of a 5-foot right-of-way offset,
encroachments (both natural and built-in), etc.
· The CONSULTANT shall locate and identify existing surface improvements /
topographic features that are visible along the corridor, including but not limited to
the following:
· Existing valve boxes, water / electrical meter boxes, electrical pull boxes,
telephone / cable risers, fences, hydrants, etc.
. Aboveground and underground utilities invert elevations of accessible
underground utilities, wood / concrete utility poles, culverts, guardrails,
pavement limits, headwalls, endwalls, manholes, vaults, mailboxes,
driveways, side streets, trees, landscaping, traffic signage and any other
noted improvements. Survey shall identify fence material I height, and
driveway construction materials. Landscaping materials with a trunk diameter
greater than 6 - inches in diameter shall be identified individually. Materials
with smaller diameters shall be illustrated in groupings.
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· Corridors to be surveyed will be as defined in Exhibit "A". Topographic survey
I base map shall be prepared in AutoCAD Version 2000 and submitted on
recordable Compact Disk with one signed and sealed copy on 22-inch by 34-
inch bond paper. Note that all standards from the DSM shall apply to the
development of the survey document. In addition, the CONSULTANT shall
submit 3 copies of a preliminary Draft Survey for CITY and PROGRAM
MANAGER review and comment. The CONSULTANT shall prepare a final
survey submittal package based on addressing any I all comments submitted
through this review process, to the satisfaction of the CITY. All 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.
· All corridor surveys shall indicate geometry of perimeter private property plats
(inclusive of fences, landscaping and driveways) within the specified 5-ft
setback.
Upon completion and acceptance of the final survey, the CONSULTANT shall forward
same to the following agencies with a request to mark I identify respective utilities on the
survey base map. The CONSULTANT shall coordinate this effort with each agency in
an effort to identify the location of all existing underground utilities. The CONSULTANT
shall incorporate utility owner markups I edits into its survey base map file. The
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 Company
. BellSouth
· Miami-Dade Water and Sewer Authority
· Charter Communications (Atlantic Broadband)
· Natural Gas provider
· City of Miami Beach Public Works Department
· Others as deemed necessary by the CONSULTANT
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The CONSULTANT shall also request information regarding any future proposed improvements
by each agency. To facilitate tracking of the progress made in this work effort, the
CONSULTANT shall copy the PROGRAM MANAGER on all correspondence with each agency.
In addition, the CONSULTANT shall keep a readily accessible and properly labeled / collated
file of all correspondence and markups provided to it by the various agencies for reference use
by the CITY, PROGRAM MANAGER and/or CONSULTANT, during construction.
Based on the collected data, the CONSULTANT shall develop detailed design base maps for
the project. The maps shall include an overall key map and partial plans scaled at 1-inch equals
20 feet or a scale that better suits the project requirements.
It is important to note that the CONSULTANT shall illustrate proposed water and stormwater
utility improvements on the base maps, with a subsequent review scheduled with CITY and
PROGRAM MANAGER staff to determine locations where additional field verifications, via "Soft-
Dig" underground identification services, shall be implemented.
Deliverables:
- Perform forensic work as noted to develop final survey
maps. Deliver three (3) draft five (5) final signed and
sealed surveys to the PROGRAM MANAGER.
Schedule:
- Within 80 working days after Task 2 - Design Phase
Notice to Proceed.
Task 2.2 - Detailed Desic:m: The CONSULTANT shall prepare all contract documents in
compliance with DSM standards.
Technical specifications shall be prepared in conformance with Construction Specifications
Institute (CSI) formats. The PROGRAM MANAGER, through the DSM, shall furnish the
CONSULTANT with standard CITY specification outlines for Divisions 1, 2, 3 and 15 as noted in
the DSM. The CONSULTANT shall refrain from amending FOOT, or other reference standard
specifications, for inclusion in the detail design documents. The CONSULTANT shall provide
additional sections that the CONSULTANT may require, not already provided through the CITY
standards, subject to review and comment by the 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. Specifications shall be
provided to the CONSULTANT in "Microsoft MS-Word" format. In addition, the CONSULTANT
shall use the same software in all project related work. In addition, the CONSULTANT shall
utilize base front-end documents provided by the CITY. The CONSULTANT shall edit
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accordingly to result in a project specific document. Any requirements for Supplementary
General Conditions shall be subject to review and acceptance by the CITY.
The CONSULTANT shall attend monthly Design Progress Meetings with CITY and PROGRAM
MANAGER staff.
The CONSULTANT shall submit monthly invoice requests for its services, accompanied by a
design progress schedule update form as provided by the PROGRAM MANAGER. Invoices
shall be prepared in a format as provided by the CITY, through the PROGRAM MANAGER. As
a part of this effort, the CONSULTANT shall update and submit the schedule update form.
Should the PROGRAM MANAGER determine that the CONSULTANT has fallen behind
schedule; the CONSULTANT shall provide a recovery schedule that shall 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 the CONSULTANT for establishing detail design milestone submittals. Note that
CITY review procedures, and CONSULTANT responsibilities associated with such, are
discussed under Task 2.3:
· The 30% design completion stage milestone shall consist of the completed
survey I base map work as identified in Task 2.1 with all proposed improvements
identified in approved BOOR illustrated in plan view at a scale of 1-inch equals
20 feet. A key map shall also be provided on all sheets that illustrates the
relationship between the drawings and their respective location within the project
area. A Table of Contents identifying the anticipated technical specifications to
be incorporated into the work shall also be submitted.
It is important to note that as a part of the 30% design completion stage effort,
the CONSULTANT shall prepare detailed tabulation of all encroachments within
the public right-ot-way in the project area. The tabulation shall be presented in a
tormat that identifies those encroachments that exist within the right-ot-way and
do not require removal in order to construct the project and those encroachments
required to be removed in order to implement the project components. This
tabulation shall include, at a minimum, description of the encroachment, location
(block I lot number or physical address), a description identifying the
encroachment, and a justification I reason why the encroachment must be
removed (to be provided only for those encroachments required to be removed to
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implement the project components). The PROGRAM MANAGER will provide the
CONSULTANT with an "Excel" spreadsheet template for mandatory use in
preparation of the listing. Please note that the CONSULTANT shall be required to
submit a "Draft" listing for review and comment, and make subsequent revisions
as noted by the CITY, prior to submitting a Final Encroachment listing.
. The 60% design completion stage milestone shall consist of plan and profile
views of all proposed improvements, with all applicable sections and construction
details. Note that the respective profile for each plan shall be included on the
same sheet. In addition, a reduced scale key map shall be provided on each
sheet to allow the reviewer a simple means to locate the applicable work. Prior to
the preparation of the 60% design completion stage drawings, the
CONSULTANT shall incorporate changes to its design based upon its
underground utility verification efforts and review comments received, as noted in
Task 2.3 below. In addition, the CONSULTANT shall include draft technical
specifications and a draft schedule of prices bid (bid form) identifying the items to
be bid by the prospective contractors with the submittal. Also, this submittal shall
include the CONSULTANTs "Budget" level opinion of probable cost as defined by
the American Association of Cost Engineers with the submittal.
It is anticipated that the CITY will be at or near completion of reviewing the
CONSULTANTs Final encroachment listing. When completed, the listing will be
returned to the CONSULTANT, who will revise its documents to reflect final CITY
direction on the acceptance I rejection of CONSULTANT recommendations
regarding the disposition of encroachments on the project. The CONSULTANT
shall demonstrate compliance with this requirement at the 90% design
completion stage submittal noted below.
. The 90% design completion stage milestone shall consist of a near final
construction document set including the front-end documents (general and
supplemental conditions), technical specifications and construction drawings for
all work proposed to be completed. The CONSULTANT shall include detailed
construction sequencing restrictions for the PROGRAM MANAGER's review with
this submittal. Prior to the preparation of the 90% design completion stage
drawings, the CONSULTANT shall incorporate changes to its design based upon
review comments received, as noted in Task 2.3 below In addition, the
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CONSULTANT shall provide its "Definitive" level opinion of probable cost as
defined by the American Association of Cost Engineers with this submittal.
. The 100% design completion stage milestone shall consist of the 90%
documents updated to include all constructability and design review comments
as may be provided by the CITY, PROGRAM MANAGER and/or jurisdictional
review agency. This set of documents will be used by the CONSULTANT to
implement City of Miami Beach Building Department Permitting Reviews as
noted in the PWP.
Deliverables: . Furnish fifteen (15) sets each of the 30, 60, 90 and 100
percent design completion stage documents to PROGRAM
MANAGER, as applicable (ten full size and five half size for
each submittal)
. Prepare and update project invoices and schedule tracking
spreadsheets, on a monthly basis.
_ Attend monthly design progress meetings with CITY and
PROGRAM MANAGER staff.
Schedule:
_ Complete 30 percent document submittal within 80 working
days after the Task 2 - Design Phase Notice to Proceed.
_ Complete 60 percent document submittal within 160 working
days after Task 2 - Design Phase Notice to Proceed.
-Complete 90 percent document submittal within 240 working
days after Task 2 - Design Phase Notice to Proceed.
-Complete 100 percent document submittal within 300 working
days after Task 2 - Design Phase Notice to Proceed.
Task 2.3 _ Desian / Constructabilitv Review: To verify that the CONSULTANT is in
compliance with required BOOR, DSM and PWP requirements, the CITY will conduct a series of
design submittal reviews on all design project documents, inclusive of cost estimates at the 30,
60 and 90% design completion stage submittals. Note that the 100% design completion stage
submittal will be used by the CONSULTANT to permit the project through all internal CITY
reviews as noted in the PWP.
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The purpose of these reviews shall be to verify that the documents are consistent with the
design intent. These documents shall be furnished as bound 8-1/2-inch by 11-inch technical
specifications and full-size (22-inch by 34-inch) and half size (11-inch by 17-inch) drawings as
noted in the Task 2.2 deliverables. The PROGRAM MANAGER and applicable CITY
Departments shall perform reviews on these documents and provide written comments (in
"Excel" spreadsheet format) back to the CONSULTANT.
Following receipt of comments by the CONSULTANT, a meeting may be scheduled between
the CITY, the CONSULTANT and PROGRAM MANAGER, to discuss the intent and review of
the comments. Subsequently, the CONSULTANT shall address how each comment was
resolved, to the PROGRAM MANAGER, within 10 working days after the review session and/or
receipt of the comments. The responses shall be in the spreadsheet format provided to the
CONSULTANT. In addition, the CONSULTANT shall revise its documents to address all review
comments accordingly, to the satisfaction of the CITY.
In addition, the PROGRAM MANAGER will perform constructability reviews of the design
documents relative to value, construction sequencing and bid format. These reviews shall be
based upon 60 and 90 percent design submittals received from the CONSULTANT and shall be
conducted concurrently but separately from the 30, 60 and 90 percent design reviews noted
above. These constructability review meetings shall be held with the CONSULTANT and the
CITY representatives to discuss the CONSULTANT's proposed construction sequencing
restrictions, and bid formats, and shall be performed by the PROGRAM MANAGER.
The CONSULTANT shall note that the CITY's / PROGRAM MANAGER's review of the contract
documents does not relieve the CONSULTANT from its responsibility to the CITY with regard to
the quality and completeness of its contract documents.
Deliverables:
Attend meetings with the CITY and PROGRAM
MANAGER staff to review and discuss design
constructability and value comments.
Prepare written responses to comments made during
reviews.
Schedule:
Complete concurrently with 300 working day Design
Phase schedule.
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Task 2.4 - Cost Opinions: The CONSULTANT shall prepare opinions of probable construction
costs for the 60 and 90% design completion stage submittals, as well as the final (100 percent)
completion stage submittal. The accuracy of the cost estimate associated with the 60 percent
completion stage shall be +30% to -15% "Budget" Level as defined by the American
Association of Cost Engineers. The accuracy of the cost estimate associated with the 90 and
100 percent completion stage submittals shall be a +15% to -5% "Definitive" Level Estimates as
defined by the American Association of Cost Engineers. All estimates shall be submitted in
Microsoft "Excel" format in accordance with the template supplied by PROGRAM MANAGER.
All estimates shall be furnished bound in 8-1/2-inch by 11-inch size. Based upon the
CONSULTANT's cost estimate, the CITY will advise the CONSULTANT if portions of the project
need to be deleted, phased and/or bid as alternate bid items to satisfy existing fiscal constraints.
In this effort, the CONSULTANT may be required to attend a series of meetings and develop
alternative cost savings options for CITY consideration, if the estimates show that the projected
project cost will exceed the target budget. The CONSULTANT shall revise the contract
documents to reflect necessary revisions to meet budget parameters at no additional cost
accordingly.
Deliverables:
_ Furnish fifteen (15) sets of 60, 90 and 100 percent
completion stage cost estimates to PROGRAM MANAGER
concurrently with the design submittals noted in Task 2.2.
- Attend meetings with the CITY and PROGRAM
MANAGER staff to review and discuss cost estimates. This
Task includes development of any required cost savings
alternatives, and implementation I revision of documents to
address such items, as necessary to meet established
budget parameters.
Schedule:
- Complete concurrently with 300 working day Design
Phase schedule.
Task 2.5 - Communitv Desian Review Meetinas
The CONSULTANT shall attend and participate in Community Design Review Meetings
(CDRMs) to review the design progress and concept at different progress levels during the
design. The CITY will schedule, find locations for, and notify residents of all such meetings.
The CONSULTANT shall prepare draft meeting minutes and forward them to PROGRAM
MANAGER, who shall review, provide comments and distribute, accordingly. The
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CONSULTANT shall prepare for, attend and present its documents at up to two (2) CDRMs per
Bid Package. Meetings shall be scheduled at the 60% and 90% design completion stages.
Note that presentation format shall consist of a brief Power Point presentation to review Project
status, plus review of actual full size plans for each project. The CONSULTANT shall provide
sufficient staff at the meeting to address concerns by residents at multiple plan stations. It is
anticipated that the CONSULTANT will attend one Pre-CDRM meeting with CITY and
PROGRAM MANAGER staffs to review the proposed format of the presentation for each
planned CDRM.
Task 2.6 - Document Revisions: Based upon the input provided by the residents at the
CDRM, the CONSULTANT shall incorporate necessary contract document revisions, as
approved by the CITY.
Task 2.7 - PermittinQ Reviews: The 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 the Project(s). The CITY will pay all permit
fees. The CONSULTANT shall participate in meetings, submissions, resubmissions and
negotiations with such authorities. The CONSULTANT shall respond to comments by such
authorities within ten working days of receipt of comments unless a different time is agreed to by
PROGRAM MANAGER. It is the intent of this scope of services that the CONSULTANT be the
responsible party for formally transmitting and receiving permits to and from the respective
jurisdictional authorities. However, since the PROGRAM MANAGER is to track and monitor
progress on the preparation and review of permits and subsequent requests for information, the
CONSULTANT shall copy the PROGRAM MANAGER on all permit related correspondence.
This includes CONSULTANT generated minutes from meetings held with related parties. The
PROGRAM MANAGER will forward copies of such documents to the CITY as appropriate. It is
recognized by CITY that the time period required for obtaining permits is beyond the control of
the CONSULTANT, except with regard to issues concerning the permittability of the proposed
design and the CONSULTANT's ability to respond to permitting agency requests for information
in a timely manner. At the time of scope preparation, the following governmental authorities that
have or may have jurisdiction over Project have been identified:
. United States Environmental Protection Agency
. U.S. Army Corps of Engineers
. Florida Department of Transportation
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. Florida Department of Environmental Protection
. South Florida Water Management District
. Miami-Dade Water and Sewer Authority
. Miami-Dade Department of Public Works
. Miami-Dade Department of Health and Rehabilitative Services
. Miami-Dade Department of Environmental Resource Management
. The City of Miami Beach Building Department
. The City of Miami Beach Planning Department
. The City of Miami Beach Historic Preservation Board
. The City of Miami Beach Public Works Department
Note that the CITY's failure to identify governmental authorities that have jurisdiction over
Project at this time does not relieve the CONSULTANT from the responsibility to procure all
requisite permits. However, an equitable adjustment to the CONSULTANT's compensation may
be negotiated if deemed appropriate by the CITY.
Deliverables:
Correspond with noted jurisdictional authorities to
establish permitting requirements.
Revise documents and respond to permitting inquiries
as required.
Attend meetings with the CITY, PROGRAM
MANAGER and/or permitting agency staff as required
to review, discuss and finalize permit procurement
Schedule:
Complete concurrently with 300 working day Design
Phase schedule.
Task 2.8 - The CONSULTANTs QAlQC of Desian Documents: The CONSULTANT shall
establish and maintain an in-house Quality Assurance / Quality Control (QAlQC) program
designed to verify and ensure the quality, clarity, completeness, constructability and bid ability of
its contract documents. To this end, the CONSULTANT shall provide the CITY and PROGRAM
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MB 4009C002
MANAGER with a written narrative detailing its QAlQC program tasks and how it is to be
implemented over the course of this project. The CITY and/or PROGRAM MANAGER, at its
discretion may require that the CONSULTANT attend meetings to review the status and present
results of its QAlQC efforts. Items to be addressed may include, but shall not be limited to,
review of specifications by respective technical experts and a "Redi-check" type review of the
documents to identify conflicts and inconsistencies between the various project disciplines.
TASK 3 -BIDDING AND AWARD SERVICES
Please note that the Tasks below address the level of service required for a traditional Advertise
/ Bid / Award process. As an alternative to this traditional bidding process outlined herein, the
City may consider implementing the project via the Job Order Contract (JOC) system. If such
decision is made, it is understood that the Consultant's hours assigned to traditional bidding
tasks would be re-distributed, on a not to exceed basis, to complete tasks related to
procurement of the job through the JOC system, including, but not limited to the following:
. Participation at the Joint Scope Meeting
. Assistance in filling out JOC standard forms, including Brief Request for Proposal and
Notice to Proceed (Suggested Language Only. City to input forms into system)
. Review of JOC unit cost proposal
. Participation in negotiation meetings with JOC Contractor
Note that all other duties of the CONSULTANT are not affected by the use of the JOC system.
Task 3.1 . Construction Contract Document Review: The CONSULTANT shall assist the
CITY in the bidding and award of each construction contract. The PROGRAM MANAGER,
through the CITY, shall transmit contract documents prepared by the CONSULTANT to the
CITY's Risk Management, Legal and Procurement Departments for verification of appropriate
insurance, form and bonding requirements. The CONSULTANT shall assist PROGRAM
MANAGER in this effort by providing three copies of each Construction Contract Document and
participating in meetings, submissions, resubmissions and discussions with these departments,
as necessary. The CONSULTANT shall address and re-submit corrections to any CITY
comments within ten calendar days of receipt of comments unless a different time schedule is
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MB 4009C002
agreed to by the PROGRAM MANAGER. The CONSULTANT's compensation has been based
upon one meeting with these departments for each bid package.
Task 3.2 - Bid Document Deliverv: The CONSULTANT shall provide the PROGRAM
MANAGER with reproducible, camera ready, sets of contract documents for each bid package.
These documents shall include responses to all comments obtained during permit reviews and
shall incorporate all corrections required by the permitting agencies. The CITY Procurement
Department shall reproduce documents and handle the advertising, distribution, sale,
maintenance of plan holder lists and other aspects of bid document delivery to prospective
Bidders.
Task 3.3 - Pre-Bid Conference and Bid Opening: The PROGRAM MANAGER will conduct
one pre-bid conference for each bid package. The CONSULTANT shall attend each pre-bid
conference and each bid opening for each bid package.
Task 3.4 - Addenda Issuance: The CONSULTANT shall provide, through the PROGRAM
MANAGER, timely responses to all inquiries received by the CITY from prospective bidders.
These responses shall be prepared as written addenda, with the format for such addenda as
provided to the CONSULTANT by PROGRAM MANAGER. These queries and responses shall
be documented and a record of each shall be transmitted to the PROGRAM MANAGER on a
same day basis. The CONSULTANT shall prepare necessary addenda as requested by
PROGRAM MANAGER. The CITY will distribute addenda to all plan holders of record
accordingly.
Task 3.5 - Bid Evaluation: Within five calendar days of receipt of bids, the CITY will forward
Bids to the CONSULTANT, who in turn shall evaluate bids for completeness, full
responsiveness and price. including alternative prices and unit prices, and shall make a formal
written recommendation to the CITY regarding the award of the contract. Non-technical bid
requirements shall be evaluated by others.
This scope of services includes no allowance for the CONSULTANT's time to assist the CITY in
the event of a bid protest. To the proportionate extent the CONSULTANT's services are
required in the event of a bid protest, due to a direct action or lack thereof by the
CONSULTANT, the CONSULTANT shall participate in such activities at no additional cost to the
CITY.
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Task 3.6 . Contract Award: The CONSULTANT shall provide eight (8) sets of Construction
Contract Documents, inclusive of Addenda, for execution by the CITY and the successful bidder
within five calendar days of request by the CITY.
Task 3.7 - As- Bid Contract Documents: After contract award and prior to the preconstruction
conference, the 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 as well as the previously incorporated permit
review comments.
The CONSULTANT shall prepare As-Bid construction contract documents and reproduce fifteen
(15) sets for distribution to PROGRAM MANAGER within ten (10) calendar days after City
Commission approval! contract execution.
The following apply to Task 3.1 through 3.7:
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
Provide eight (8) sets of contract documents for contract execution
- Prepare As-Bid contract documents and reproduce fifteen (15) sets
and forward to PROGRAM MANAGER.
Schedule:
- Upon receipt of Task 3 Bidding and Award Services Notice to Proceed
and within 120 working days
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TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES
The CONSULTANT shall perform the following tasks related to the construction administration
of the Project(s). These tasks shall be performed during the duration of all construction on both
Bid Packages. Due to the extensive amount of detailed procedures required to properly manage
construction projects, the PROGRAM MANAGER has developed a Construction Management
Manual (CMM) for the construction phase of the Infrastructure Improvement Program. This
CMM augments the general program guidelines established in the Project Work Plan (PWP), as
provided to the CONSUL T ANT by the PROGRAM MANAGER at the commencement of the
Project, and provides uniform procedures and guidelines for managing the interface between
the CITY, Contractor, PROGRAM MANAGER and CONSULTANT staffs.
It is anticipated that the construction timeframes for Bid Package 9A will be approximate 24
months and Bid Package 9B will be approximate 24 months. The CONSULTANT's
compensation is based upon the administration of separate construction bid packages being
implemented on concurrent timelines. However, separate Contractors are assumed.
Task 4.1 - Pre-Construction Conferences: The CONSULTANT shall attend one pre-
construction conference for each Project. The PROGRAM MANAGER will prepare and
distribute meeting minutes to all attendees and other appropriate parties. At this meeting, it is
anticipated that the PROGRAM MANAGER will issue a Limited Notice to Proceed. 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 one pre-construction conference
for each project
Schedule:
As scheduled by PROGRAM MANAGER after receipt of
Task 4 Notice to Proceed.
Task 4.2 - Weeklv Construction Meetinas: The CONSULTANT shall attend weekly
construction meetings with the Contractor, PROGRAM MANAGER and applicable CITY
representatives on each Project. The purpose of these meetings shall be to review the status of
construction progress, shop drawing submittals and contract document clarifications and
interpretations. In addition, the Contractor shall furnish a two-week look ahead work schedule to
allow for proper coordination of necessary work efforts. These meetings shall also serve as a
forum for discussion of construction issues, potential changes I conflicts and any other
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MB 4009C002
applicable matters. The meetings may include site visits to visually observe / address
construction related concerns. The site visits shall be separate and distinct from the "Specialty
Site Visits" discussed under Task 4.6. The PROGRAM MANAGER will prepare and distribute
meeting minutes to all attendees and other appropriate parties.
Deliverables:
- Attend and participate in weekly construction progress
meetings for each Bid Package
Schedule:
- Weekly throughout the project duration.
Task 4.3 - Reauests for Information / Contract Document Clarification (RFls / CDCs): The
PROGRAM MANAGER will receive, log and process all RFls / COCs. Whenever an RFI
involves the interpretation of design issues or design intent, the PROGRAM MANAGER will
forward the RFI to the CONSULTANT, who shall prepare a written response in a timely matter
and return it to the PROGRAM MANAGER. In addition, the CONSULTANT may be requested
by the PROGRAM MANAGER to prepare and forward COCs should certain items within the
contract documents require clarification.
Deliverables:
Respond to those RFl's that involve design
interpretations and return to PROGRAM MANAGER's
office. Issue COCs as required.
Schedule:
_ Ongoing throughout project construction duration for both
Bid Packages.
Task 4.4 - Reauests for Chanaes to Construction Cost and/or Schedule: The PROGRAM
MANAGER will receive, log and evaluate all requests for project cost and/or schedule changes
from the Contractor. Such requests may be the result of unforeseen conditions, interferences
identified by the Contractor during the routine progress of work, inadvertent omissions
(betterment) issues in the contract documents, permitting requirements that arise after the
contract award, and/or additional improvements requested by the CITY. Regardless of the
source, the PROGRAM MANAGER will evaluate the merit of the request, as well as a cursory
review of the potential impact of the change in terms of project cost and schedule. The
PROGRAM MANAGER may also review the request with the CONSULTANT, who shall provide
a written opinion as to the merit / value, upon request. It is understood that no legal claims
assistance or support services are inferred by the work effort noted under this Task.
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Deliverables:-
- Perform independent review of request for cost increase
and/or time extension.
- Coordinate and participate in meetings, as required, with
the PROGRAM MANAGER, CITY and Contractor to
resolve and/or negotiate the equitable resolution of
request. Provide written opinion and / or recommendation
upon request.
- Prepare change order documentation in CITY directed
format
Schedule:
_ Ongoing throughout project construction duration for both
Bid Packages.
Task 4.5 - ProcessinQ of Shop Drawinas: The PROGRAM MANAGER will receive, log and
distribute shop drawings to the CONSULTANT for its review. The CONSULTANT shall have 14
calendar days from the time of receipt in its office, to review and return shop drawings to the
PROGRAM MANAGER's office.
Deliverables:
- Review Shop Drawings and return them to PROGRAM
MANAGER's office.
Schedule:
- Ongoing throughout project construction duration.
Task 4.6 - Field Observation Services: The PROGRAM MANAGER will provide field staff to
observe the construction of the work. The CONSULTANT shall provide specialty site visits by
various design disciplines (civil, mechanical, landscaping, etc...) on an as requested basis. For
the purposes of this scope of services, it is assumed that monthly specialty site visits are
included. Specialty site visits are assumed to include one or more of the CONSULTANTs Team
attendance, as may be requested by the CITY, to review, discuss, resolve field conditions and
issues at the job site. Attendance shall be as requested, although a minimum of 24 hour notice
will be provided when possible. In cases where conditions require immediate action, the
CONSULTANT shall make itself available in the field, as soon as possible, to review / respond
to necessary issues.
Deliverables:
- Provide monthly specialty site visits for each Bid
Package.
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MB 4009C002
Schedule:
- Ongoing throughout project construction duration for both
Bid Packages.
Task 4.7 - Proiect Closeout: Upon receiving notice from the PROGRAM MANAGER advising
the CONSULTANT that a Project is substantially complete, the 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. The PROGRAM MANAGER will develop
the list with assistance from the CITY and the CONSULTANT. The list shall be forwarded to the
Contractor. For the purposes of this Task, please note that 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 may 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 the 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, the CONSULTANT shall assist in
closing out the construction contract. This shall include a final punch list walk throughs for
verification of completion
Deliverables:-
Attend field meetings to review substantial and final
completion and assist in development of "punch lists".
Schedule:
At the Substantial and Final completion of each project
TASK 5 - ADDITIONAL SERVICES
Task 5.1 - Transportation Study
During the planning phase, the CONSULTANT shall have a study conducted of the existing
transportation system within the Project area to incorporate any traffic calming, parking,
pedestrian access, or vehicular flow improvements into the proposed right of way
improvements. The study shall address the following issues:
. CONSULTANT shall assess the existing parking situation within the project area. The
businesses and residences in City Center area rely heavily on on-street parking in
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MB 4009C002
addition to several public and private parking facilities. CONSULTANT shall work with
neighborhood and city representatives to identify the most palatable times and locations
for temporary parking relocation during construction.
. CONSULTANT shall analyze urban transportation operations to ensure the local streets
can be improved to operate at optimal levels of service for both vehicles and
pedestrians. CONSULTANT shall analyze conditions and suggest mitigation measures
to keep traffic flowing in the most efficient way. Maintenance of traffic during construction
is also a clear need in the planning process.
. CONSULTANT shall analyze high crash intersection locations using data available from
FOOT, Miami-Dade County and City databases. Pedestrian sight distances are known to
contribute to unsafe intersections in the study area. Hazardous locations will be
identified and appropriate streetscape improvements proposed.
. CONSULTANT shall consider potential traffic calming treatments for Project areas such
as 1th Street where high vehicular speeds are observed.
. CONSULTANT shall identify improvements intended to visually and functionally improve
pedestrian corridors including specifically 18th Street and 19th Street between
Washington and Collins and all connections between the Convention Center/City
Hall/Botanical Garden and Lincoln Road.
. A traffic plan for special events is needed to maintain traffic flow within the project area
and to ensure a higher level of mobility for transit vehicles and safety for pedestrians and
cyclists. CONSULTANT shall quantify these events in a number of categories and
develop a plan to address each type in the future in line with the new streets capes,
traffic calming treatments etc.
. CONSULTANT shall evaluate shortcomings in the pedestrian network, and recommend
improvements together with priority and funding strategies. CONSULTANT shall ensure
that the pedestrian improvements incorporated in this plan will serve the safety and
mobility of people on foot in the most efficient way.
Oeliverables:
- Prepare 15 copies of a report.
- Present the report to the CITY and PROGRAM
MANAGER for approval
Schedule:
- Within 180 working days after Task 1 Notice to Proceed.
Page 31 of 34
MB 4009C002
TASK 6 - REIMBURSABLES
Task 6.1 - Reproduction Services: The CONSULTANT shall be reimbursed at the usual and
customary rate for reproduction of reports, contract documents and miscellaneous items, as
may be requested by the 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: The CONSULTANT shall be reimbursed at the United
States Internal Revenue Service established rate for travel and subsistence, up to the maximum
not-to-exceed amount as noted. Unused amounts in this allowance shall be credited back to the
CITY at the completion of the project.
Task 6.3 - SurvevinQ: The CONSULTANT shall arrange for and coordinate the efforts of
licensed surveyors to prepare a topographical survey of all CITY public rights-of-way within the
project limits to meet the intent of the approved project Scope. This effort shall meet the
requirements set forth in Task 2.1. Unused amounts in this allowance shall be credited back to
the CITY at the completion of the project.
Task 6.4 - Geotechnical Evaluation: The CONSULTANT shall contract the services of a
professionally licensed geotechnical firm to perform boring I test excavations as necessary to
ascertain soil conditions, in an effort to identify existing conditions for pipe bedding and
stormwater management considerations. The scope of such services shall be subject to review
and acceptance by the CITY. Costs shall be limited to a $48,000 not-to-exceed amount.
Unused amounts shall be credited back to the CITY at the completion of the project.
Task 6.5 - Underaround Utility Verification: The CONSULTANT shall contract the services of
an underground utility location service to perform vacuum extraction excavations, in an effort to
better identify existing underground conditions where work is to be performed. Actual locations
shall be as directed by the CONSULTANT, subject to CITY review and acceptance. Costs
shall be limited to a $52,500 not-to-exceed amount. Unused amounts shall be credited back to
the CITY at the completion of the project.
Page 32 of 34
MB 4009C002
Minimum Design Features to Be Shown On Drawings
The CONSULTANT shall note that the following criteria indicate the minimum design standards
to be shown on drawings. The CONSULTANT is encouraged to review and recommend
changes as it deems necessary, subject to the review and acceptance of the CITY and the
PROGRAM MANAGER.
Paving, Grading and Drainage Plans
. Show existing grade I topography, centerline roadway, edge of pavement, back
of sidewalk, top of curb, gutter flow line
. Show proposed grade along the centerline of the road at 50 centers, limits of
road work, inlets, curb and gutter and sidewalk
. Show limits of demolition I removal
. Show limits of proposed work
. Identify all surface features of all existing and proposed work
. Identify driveway locations
. Identify proposed structures
. Identify linear footage of pipe, pipe invert elevation, diameter and material
Paving, Grading and Drainage Details
. Show proposed cross sections with topographical information at key locations
. Identify the following minimum information on cross sections:
Existing utilities
Proposed road slope, lane width, sidewalk width and surface features within
the right-of-way
Road construction details for the sub-base and base and asphalt
Proposed utility locations
. Conflict manhole detail
. Manhole details
. Driveway replacement section
. Catch basin details
. Exfiltration trench details
. Drainage pipe trench detail
. Restoration Details - All pipes
Roadway
Sidewalk
Curb and gutter
Page 33 of 34
MB 4009C002
Water Distribution and Sanitary Sewer Plans
General
. Identify existing utilities
. Show future utilities proposed by others
. Identify trees /Iandscaping to remain in place
Water Distribution System
. Show location of single and double water meter boxes
. Identify fire hydrant assembly
. Identify fitting locations
. Identify limits of restrained joints
. Identify deflection limits
. Identify water sampling points
. Identify dead end blow-ofts
. Identify air release valves
. Identify pipe diameter and material
· Stationing
Pressure Pipe Profiles
· Show top of pipe elevation
. Identify location of air release valve at high points
. Identify vertical/ horizontal deflection and/or fittings
. Identify minimum cover requirements
. Provide details of major utility crossings
Jack and bore
Horizontal directional drilling
Subaqueous crossing
Aerial crossing
Culvert crossing
Page 34 of 34
MB 4009C002
CITY CENTER NEIGHBORHOOD RIGHT OF W 1\ Y IMPROVEMENT PROJECT
SCHEDULE B
PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CHEN AND ASSOCIATES
ITEMIZED SCHEDULE OF COMPENSATION
34
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CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CHEN AND ASSOCIATES
HOURLY BILLING RATE SCHEDULE
Classification Hourlv Billint! Rate
Principal/Project Director $ 150.00 per hour
Project Manager $ 120.00 per hour
Sr. Engineer / Architect $ 108.00 per hour
Engineer / Architect $ 90.00 per hour
Staff Engineer $ 72.00 per hour
Designer $ 108.00 per hour
Drafter $ 54.00 per hour
Clerical $ 45.00 per hour
35
CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CHEN AND ASSOCIATES
PROJECT SCHEDULE
Task
Description:
Working days after
Notice to Proceed
1 Planning Services 295 Days
2 Design Services 300 Days
3 Bidding and Award Services 120 Days
4 Construction Administration Services. 532 Days
5 Additional Services 180 Days (After Task 1 NTP)
6 Reimbursables N/ A
The above durations include, in working days, the response time of the City and the Program
Manager.
36
CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT
SCHEDULE E
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CHEN AND ASSOCIATES
PROJECT GEOGRAPHIC LIMITS
37
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