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HomeMy WebLinkAboutChen & Associates Agreement J-& OJ--).s-9 oz AGREEMENT BETWEEN CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING ENGINEERS.. INC FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING (A / E) SERVICES FOR THE RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD 12 - SOUTH POINTE PHASES III / IV / V MAY 2005 Neighborhood No. 12: South Pointe Phases IIVIVN May 18, 2005 TABLE OF CONTENTS DESCRIPTION ARTICLE 1 DEFINITIONS 1.1 City 1.2 City Commission 1.3 City Manager 1.4 Proposal Documents 1.5 Consultant 1.6 City Project Coordinator 1. 7 Program Manager 1.8 Basic Services 1.9 The Project 1.9.1 The Project Cost 1.9.2 The Project Scope 1.10 Construction Cost 1.10.1 Construction Cost Budget 1.10.2 Statement of Probable Construction Cost 1.11 Force Majeure 1.12 Contractor 1.13 Contract Documents 1.14 Contract for Construction 1.15 Construction Documents 1.16 Contract Amendment 1.17 Additional Services 1.18 Work 1.19 Services 1.20 Base Bid 1.21 Schedules 1.22 Scope of Services PAGE 2 2 2 2 2 2 3 3 3 4 4 4 4 4 4 4 5 5 5 5 5 6 6 6 6 6 7 ARTICLE 2. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 BASIC SERVICES Planning Services Design Services Bidding and Award Services Construction Phase Services Additional Services Responsibility for Claims and Liabilities Time 7 8 8 8 9 9 9 9 ARTICLE 3. THE CITY'S RESPONSIBILITIES 14 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 18 ARTICLE 5. ADDITIONAL SERVICES 19 ARTICLE 6. REIMBURSABLE EXPENSES 20 11 Neighborhood No. 12: South Pointe Phases IIIIIVN May 18, 2005 ARTICLE 7. COMPENSATION FOR SERVICES 21 ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 23 ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 23 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 24 24 24 25 26 26 26 ARTICLE 11. INSURANCE 27 ARTICLE 12. INDEMNIFICATION 28 ARTICLE 13. VENUE 28 ARTICLE 14. LIMITATION OF LIABILITY 29 ARTICLE 15. MISCELLANEOUS PROVISIONS 29 ARTICLE 16. NOTICE 31 SCHEDULES: SCHEDULE A SCOPE OF SERVICES SCHEDULE B CONSULTANT COMPENSATION SCHEDULE C HOURLY BILLING RATE SCHEDULE D PROJECT SCHEDULE 34 35 36 37 III Neighborhood No. 12: South Pointe Phases IlUIVN May 18, 2005 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CONSULT ANT CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING (AlE) SERVICES FOR THE RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD 12 - SOUTH POINTE PHASES III/IV / V This Agreement made and entered into this --1L day of Mav , 2005, 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 CONSULTING ENGINEERS, INC., a Florida corporation having its principal office at 5100 NW 33 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 architecture, landscape architecture, and/or engineering services for the Proj ect at the agreed fees as set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of architectural, landscape architectural, and/or engineering and related professional services relative to the Project, as hereinafter set forth. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: 1 Neighborhood No. 12: South Pointe Phases IIVIVN May 18, 2005 ARTICLE 1. DEFINITIONS 1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governmg and legislative body of the City. 1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized designees, including the Project Coordinator and / or Program Manager, and shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the REQUEST FOR QUALIFICATIONS No. 08-03/04 FOR ENGINEERING, URBAN DESIGN, AND LANDSCAPE ARCHITECTURE SERVICES REQUIRED FOR THE PLANNING, DESIGN, BID AND AWARD, AND CONSTRUCTION ADMINISTRATION OF THE SOUTH POINTE PHASES III/IV / V RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROJECT issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 1.5 CONSULTANT: The "Consultant" is herein defined as Chen and Associates Consulting Engineers Inc., a Florida corporation having its principal offices at 5100 NW 33 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 2 Neighborhood No. 12: South Pointe Phases IIV1VN May 18, 2005 person or entity acting under the direction or control of Consultant. Any sub consultants retained by Consultant pursuant to this Agreement and the Project shall be subject to prior written approval of the City. The following sub consultants were included in the Consultant's Proposal and are hereby approved by the City for the Project: Survey Consultant: Stoner and Associates Electrical Engineer: C& W Engineering Landscape Architect: Civic Design 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 Proj ect, 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, bidding/award, and construction administration for the Project, as described in Article 2 herein and in Schedule "A" entitled "Scope of Services" attached hereto. 1.9 PROJECT: The "Project" shall mean the City Capital Project that has been approved by the City Commission and as described in Schedule "A" attached hereto. 1.9.1 PROJECT COST: The "Project Cost", as established by the City, shall mean the total cost of the Project to the City including: Construction Cost, professional compensation, land cost, if any, financing cost, materials testing services, surveys, contingencies and other miscellaneous costs. 3 Neighborhood No. 12: South Pointe Phases IIVIVN May 18, 2005 1.9.2 PROJECT SCOPE: The "Project Scope" shall mean the description ofthe Project contained in Schedule A attached hereto. 1.10 CONSTRUCTION COST: The "Construction Cost" for the Project shall mean the sum which is the total cost or estimated cost to the City of all elements of the Project designed or specified by the Consultant and approved by the City, including, at current market rates (with a reasonable allowance for overhead and profit), the cost of labor and materials and any equipment which has been designed, specified, selected or specifically provided for by the Consultant and approved by the City, and including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) of construction cost for rehabilitation of historic buildings, and not including the compensation of the Consultant and any subconsultants, the cost of land, rights-of-way, surveys, testing, or other reimbursable expenses. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsible bidder or proposer for any and all of such Work. 1.10.1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean an amount budgeted by the City for Construction Cost, as specified in the Project Scope in Schedule "A" attached hereto. 1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean a forecast of Construction Cost prepared by the Consultant, as defined in attached Schedule "A" entitled "Scope of Services", for the guidance of the City. For Work which bids or proposals have not been let, the Construction Cost shall be the same as the latest Statement of Probable Construction Cost. The City shall have the right to verify the Statement of Probable Construction Cost or detailed cost estimate by the Consultant. 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by 4 Neighborhood No. 12: South Pointe Phases IlUIVN May 18, 2005 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. 1.15CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans, specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.2 and Schedule "A" attached hereto. 1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written order to the Consultant approved by the City, as specified in this Agreement, and signed by the City's duly authorized representative, authorizing a change in the Project or the 5 Neighborhood No. 12: South Pointe Phases nVlVN May 18, 2005 method and manner of performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Contract Amendments shall be approved by the City Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty- five thousand ($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those servIces described in Article 5 herein, which have been duly authorized in writing by the City Manager prior to commencement of same. 1.18 WORK: "Work" shall mean the work to be performed on the Project by the Contractor, pursuant to the applicable Documents, whether completed or partially completed, and includes labor and materials, equipment, and services provided, or to be provided, by the Contractor to fulfill its obligations. 1.19 SERVICES: "Services" shall mean the services to be performed on the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, and includes other labor and materials, equipment and services provided, or to be provided, by Consultant to fulfill its obligations herein. 1.20 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant and approved by the City as being within the Construction Cost Budget pursuant to the Statement of Probable Construction Cost provided by Consultant. "Base Bid" shall not include "Additive Alternates" or "Deductive Alternates". 1.21 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: 6 Neighborhood No. 12: South Pointe Phases l11/IVN May 18, 2005 Schedule A - Scope of Services. Schedule B- Consultant Compensation: The schedule of compensation to the Consultant for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional Services, as submitted by the Consultant and approved by the City. Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates to the Consultant as submitted by the Consultant and approved by the City. Schedule D - Proj ect Schedule. 1.22 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as described in Schedule "A", together with the Basic Services and any Additional Services approved by the City, as described in Articles 2 and 5, respectively herein. ARTICLE 2. BASIC SERVICES The Consultant shall provide Basic Services for the Project as set forth hereafter. The Services for this Project will be performed by the Consultant upon receipt of a written Notice to Proceed issued by the City Manager, or his designee, and Consultant shall countersign the Notice to Proceed. A separate Notice to Proceed shall be reauired for commencement of each Task. as discussed in attached Schedule "A" entitled "Scope of Services". The Consultant's Basic Services shall consist of five Tasks (inclusive of planning, design, bidding/award, construction administration and additional services) as described in attached Schedule A "Scope of Services". The Consultant shall coordinate with subconsultants and other consultants, and conform to all applicable building codes and regulations. Consultant, as it relates to its Services, 7 Neighborhood No. 12: South Pointe Phases lIVIVN May 18, 2005 represents and warrants to the City that it is knowledgeable of codes, rules and regulations applicable in the jurisdictions in which the Project is located, including, local ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Statutes, Administrative rules and regulations including, Federal laws, rules and regulations. The Consultant agrees to comply with all such laws, codes, rules, and regulations now in effect, and as may be amended or adopted at any time, and shall further take into account all known pending changes to the foregoing, of which it should reasonably be aware. The Consultant shall insert the provisions of all required codes into the Contract Documents. The Consultant expressly agrees that all of its duties, services and responsibilities under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of projects of this nature in South Florida. In addition, Consultant represents that it is experienced and fully qualified to perform the Services contemplated by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules and regulations to perform such Services. Consultant warrants that it shall be responsible for the technical accuracy of it Contract Documents. 2.1 PLANNING SERVICES: Consultant shall perform Planning Services as noted in attached Schedule "A" entitled "Scope of Services". 2.2 DESIGN SERVICES: Based on the approved Planning documents developed under Article 2.1, Consultant shall prepare Design Documents, as noted in attached Schedule "A" entitled "Scope of Services" . 2.3 BIDDING AND AWARD SERVICES: Consultant shall provide bidding and award services as noted in attached Schedule "A" entitled "Scope of Services". 8 Neighborhood No. 12: South Pointe Phases III/IVN May 18, 2005 2.4 CONSTRUCTION ADMINISTRATION SERVICES: Consultant shall furnish construction administration servIces as noted In attached Schedule "A" entitled "Scope of Services". 2.5 ADDITIONAL SERVICES: If required and so approved by the City, Consultant shall provide Additional Services as noted in attached Schedule "A" entitled "Scope of Services". 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and services; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, specifications or other documents prepared by the Consultant, its employees, subcontractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely upon the 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 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 9 Neighborhood No. 12: South Pointe Phases III/NN May 18, 2005 parts of the Services. The City shall not unreasonably refuse to approve such adjustment(s) to the Project Schedule if the request is made in a timely manner and is fully justified. 2.7.3 In providing the Services described in this Agreement, the Consultant shall use its best efforts to maintain, on behalf of the City, a constructive, professional, cooperative working relationship with the Program Manager, Contractor(s), and others that have been contracted to perform Services and / or Work pertaining to the Project. While the Services to be provided by Consultant under this Agreement will be provided under the general direction of the City's Program Coordinator and Program Manager, it is the intent of this Agreement to allow the Consultant to coordinate the performance of all design and construction administration to the extent such coordination by the Consultant is permitted by the contracts for the design and construction administration. 2.7.4 It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner and that it shall be 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 City's Program Coordinator and / or Program Manager. Consultant will use reasonable care and skill in accordance with and consistent with customary professional standards in responding to items identified 10 Neighborhood No. 12: South Pointe Phases III/IVN May 18, 2005 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 Proj ect 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 judgment 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 11 Neighborhood No. 12: South Pointe Phases IlUIVN May 18, 2005 as "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of Services to be provided and performed under this Agreement. The person selected by Consultant to serve as Project Manager shall be subject to approval and acceptance by City. Replacement (including reassignment) of said Project Manager shall not be made without the prior written approval ofthe City. Consultant further agrees to obtain a binding agreement with its Project Manager providing a minimum of six (6) months notice before assuming a different position, said notice waivable by the City at its discretion. 2.7.11 Consultant agrees, within fourteen (14) calendar days of receipt of written notice to do such from City, to promptly remove and replace Project Manager, or any other personnel employed or retained by Consultant, or any sub consultant or subcontractors engaged by Consultant, which request may be made by City with or without stating its cause. 2.7.12 Consultant herein represents to City that it has expertise in the type of professional services that will be performed and pursuant to this Agreement. Consultant agrees that all Services to be provided by Consultant pursuant to this Agreement shall be subject to City's review and approval and shall be in accordance with the generally accepted 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 judgment 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 12 Neighborhood No. 12: South Pointe Phases IlUIVN May 18, 2005 properly subpoenaed, any non-public information concermng Services to be rendered by Consultant hereunder, and Consultant shall require its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 2.7.14 The City and Consultant acknowledge that the Scope of Services does not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of the performance of the Services contemplated in this Agreement, Consultant determines that work should be performed to complete the Project which is, in the Consultant's opinion, outside the level of effort originally anticipated, whether or not the Scope of Services identifies the work items, Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain said Project Coordinator's written consent, before proceeding with the work. The Project Coordinator must comply with Contract Amendment processing requirements as outlined in Article 1.16, prior to issuance of any written authorization to proceed with Additional Services to Consultant. If Consultant proceeds with additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort, and deemed included as a Basic Service herein, whether or not specifically addressed in the Scope of Services. Notice to the Project Coordinator does not constitute authorization or approval by the City to perform the work. Performance of work by Consultant outside the originally anticipated level of effort without the prior written consent of the City shall be at Consultant's sole risk. 2.7.15 Consultant shall establish and maintain files of documents, letters, reports, plans, etc. pertinent to the Project. Consultant shall provide City with a copy of applicable Project correspondence for City to file in its filing system. In addition, Consultant shall provide electronic Project document files to the City, at the completion ofthe Project. 2.7.16 It is further the intent of this Agreement that the Consultant shall perform 13 Neighborhood No. 12: South Pointe Phases llUIVN May 18, 2005 its duties under this Agreement in a competent, timely and professional manner and that it shall be responsible to the City for any failure in its performance except to the extent that acts or omissions by the City or others make such performance impossible. 2.7.17 In the event Consultant is unable to timely complete the Project because of delays resulting from untimely review by City or other governmental authorities having jurisdiction over the Project, or such delays which are caused by factors outside the control of Consultant, Consultant shall provide City with immediate written notice stating the reason for such delay and a revised anticipated schedule of completion. City, upon review of Consultant's submittal and such other documentation as the City may require, may grant a reasonable extension of time for completion of the Project and may provide reasonable compensation, if appropriate. 2.7.18 The Consultant covenants with the City to furnish its Services hereunder properly, in accordance with the standards of its profession and in conformance with applicable construction, building and health codes and other applicable Federal, State and local rules, regulations and laws, of which it should reasonably be aware, throughout the term of this Agreement. The City's participation in the design and construction of the Project in no way relieves the Consultant of its professional duties and responsibilities under applicable law and under the Contract Documents ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City shall designate in writing a Project Coordinator to act as the City's representative with respect to the services to be rendered under this Agreement (herein after referred to as Project Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define City policies and decisions with respect to Consultant's Services on this Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that 14 Neighborhood No. 12: South Pointe Phases III/1VN May 18, 2005 would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance with Article 1.16 requirements, including but not limited to the following: a) The Scope of Services to be provided and performed by Consultant hereunder; b) The time the Consultant is obligated to commence and complete all such Services; or c) The amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall assist Consultant by placing at Consultant's disposal all information that the City has available pertinent to the Project, including previous reports and any other data relative to design or construction of the Project. It shall be fully understood that City, in making such reports, site information, and documents available to the Consultant is in no way certifying representing and/or warranting as to the accuracy or completeness of such data, including, but not limited to, any information provided in the City's Request for Qualifications and backup documentation thereto. Any conclusions or assumptions drawn through examination thereof shall be the sole responsibility of the Consultant and subject to whatever measure it deems necessary to final verification essential to its performance under this Agreement. Additional Services required due to inaccurate, incomplete or incorrect information supplied by the City may be undertaken by the 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. 15 Neighborhood No. 12: South Pointe Phases IIUIVN May 18, 2005 3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling services as may be required at any time for the Project, including such auditing services as the City may require to verify the Consultant's applications for payment or to ascertain that Consultant has properly remitted payment due to sub consultants or vendors working on this Project for which Consultant has received payment from the City. 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, the City shall give prompt written notice thereof to the Consultant. 3.6 The City shall furnish required information and services and render approvals and decisions in writing as reasonably expeditious as necessary for the orderly progress of the Consultant's Services and of the Work. No approvals required by the City during the various phases of the Project shall be unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submissions of Consultant for any reasonable basis. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreement. 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. 16 Neighborhood No. 12: South Pointe Phases III/NN May 18, 2005 3.7.3 All required City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment to this Agreement. 3.7.4 The City Commission shall hear appeals from the administrative decision of the City Manager's appointed designee(s), upon the Consultant's written request, in which case the Commission's decision shall be final. 3.7.5 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.8 The City Manager or his designee(s) shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. These authorizations shall include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans, reports, estimates, contracts and other documents submitted to the City by the Consultant. 3.8.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's Services. The City Manager, in his administrative discretion, may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 3.8.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided, however, that the Consultant's compensation or other 17 Neighborhood No. 12: South Pointe Phases IIVIVN May 18, 2005 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 the attached Schedule "A" entitled "Scope of Services". 3.8.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any ofthe budgets established herein. 3.8.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The Construction Cost Budget, as established by the City and stated in Schedule "A", 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 Commission approval by passage of an enabling resolution and amendments to the appropriate agreements relative to the Project, prior to any modification of the Construction Cost. Provided further, however, that even in the event of a Force Majeure, as defined in Article 1.11, the City shall have no obligation to approve an increase in the Construction Cost Budget limitations established herein, and, if such budget is exceeded, the City Commission may, at its sole option and discretion, terminate this Agreement without any further liability to the City. 4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more than five percent (5%), the City Commission shall, at its sole discretion, have any of the 18 Neighborhood No. 12: South Pointe Phases IIIIIVN May 18, 2005 following options: (1) give written approval of an increase in the Construction Cost Budget; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize a renegotiation of the Project within a reasonable time; (3) abandon the Project and terminate the Consultant's Services for the Project covered by this Agreement without further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the award within the Construction Cost Budget; or (5) cooperate with the Consultant in reducing the Project scope, construction schedule, and sequence of Work, as may be required to reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the Consultant shall provide such revisions to the Construction Documents, and provide rebidding services, as many times as reasonably requested by the City, as a Basic Service, with no additional cost to the City, in order to bring the bids within five percent (5%) of the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services for this Project will only be performed by the Consultant following receipt of a written authorization by the Project Coordinator prior to commencement of same. Such authorization shall contain a description of the Additional Services required; an hourly fee, as provided in Schedule "C" with an "Not to Exceed" amount on additional Reimbursable Expenses (if any); the amended Construction Cost Budget (if applicable); and an amended completion date for the Project (if any). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable, which the Consultant shall not exceed without specific written authorization from the City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services requested by the City and all costs applied to such shall be verifiable through time sheet and reimbursable expense reviews. 5.2 The term "Additional Services" includes services involving the Consultant or any subconsultants whether previously retained for the Services or not or whether participating as members with Consultant or not, subject to the City's right to previously approve any change in Consultants as set forth in this Agreement. 19 Neighborhood No. 12: South Pointe Phases lIVIVN May 18, 2005 5.3 Additional Services may consist of the following: 5.3.1 Serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding unless such preparation has arisen from the failure of the Consultant to meet the Standard of Care set forth in Article 2. 5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated at the City's request and outside the scope of the Work specified in the Construction Documents, after commencement of the Construction Phase. 5.3.3 Providing such other professional servIces to the City relative to the Project which 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. ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Consultant in the interest of the Project. All Reimbursable Expenses pursuant to this Article, in excess of $500, must be authorized in advance in writing by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City, along with supporting receipts, and other back-up material reasonably requested by the City, and Consultant shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement". 6.2 Expenses subject to reimbursement in accordance with the above procedures may 20 Neighborhood No. 12: South Pointe Phases IIIIIVN May 18, 2005 include the following: 6.2.1 The cost of testing or investigation of underground utilities, if authorized by the City Project Coordinator. 6.2.2 Expense of reproduction, postage and handling of drawings, specifications and other documents, excluding reproductions for the office use of the Consultant and sub-consultants. Courier and postage between the Consultant and its sub-consultants are not reimbursable. 6.2.3 Expenses for reproduction and the preparation of graphics for community workshops 6.2.4 Fees for all necessary permits shall be paid directly by City. ARTICLE 7. COMPENSATION FOR SERVICES 7.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee listed in Schedule "B" for Basic Services, based on the "Hourly Rate Schedule" presented in Schedule "C". Payments for Basic Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the City Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed in each Phase so that the payments for Basic Services for each Phase shall not exceed the progress percentage noted in the Consultant's Progress Schedule, submitted with each invoice. No markup shall be allowed on subcontracted Basic Services. The City and the Consultant agree that the Consultant's fee will be $2,017,009, as detailed in Schedule "B" and as approved by the City Commission on May 18, 2005 for the provision of the services described in the Schedule "A" Scope of 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. 21 Neighborhood No. 12: South Pointe Phases III/IVN May 18, 2005 All Additional Services must be approved by the Project Coordinator, in writing, prior to commencement of same, as noted in Article 5. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B" be exceeded without prior written approval from the City Project Coordinator. No markup shall be allowed on subcontracted Additional Services. 7.3 Reimbursable Expenses, as defined in Article 6, shall be paid up to the "Not to Exceed" amount noted in Schedule "B". Request for payment of Reimbursable Expenses shall be included with the monthly Basic Services payment request noted in Article 7. Proper backup must be submitted with all reimbursable requests. No markup or administrative charges shall be allowed on Reimbursable Expenses. 7.4 The City and the Consultant agree that: 7.4.1 If the scope of the Project or the Consultant's Services is changed substantially and materially, the amount of compensation may be equitably adjusted by mutual agreement ofthe parties. 7.4.2 Commencing on October 1, 2006, 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 perceJ;lt (3%). 7.5 No retainage shall be made from the Consultant's compensation on account of sums withheld from payments to Contractors. 7.6 Method of Billing and Pavrnent. With respect to all Services, Consultant shall submit billings on a monthly basis in a timely manner. These billings shall identity the nature of the work performed; the total hours of work performed by employee category and the 22 Neighborhood No. 12: South Pointe Phases III/IVN May 18, 2005 respective hourly billing rate associated with the employee category from the Hourly Rate Schedule. In the event subconsultant work is accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings shall also itemize and summarize Reimbursable Expenses by category. Where written approval of the City is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such Reimbursable. When requested, Consultant shall provide backup for past and current invoices that records hours for all Services by employee category and reimbursable by category. 7.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of Consultant's proper statement. 7.8 Final payment of the Consultant upon Project completion must be approved by the Mayor and City Commission. ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 8.1 Consultant shall keep such records and accounts and require any and all Consultant and sub consultants 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, 23 Neighborhood No. 12: South Pointe Phases IlUIVN May 18, 2005 shall become the property of the City upon completion, termination, or abandonment of the Project. Consultant shall deliver the above documents to the City within thirty (30) days of completion of the Project, or termination of this Agreement, or termination or abandonment of the Project. (Reference attached Schedule "A", entitled "Scope of Services" for additional requirements). 9.2 Any re-use of documents by City without written verification or adaptation by Consultant for the specific purpose intended will be without liability to Consultant. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 Termination For Lack Of Funds. The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding for the Project, the Project may be abandoned or terminated, and the City may cancel this Agreement as provided for herein without further liability to the City. 10.2 Termination For Cause. The City may terminate this Agreement for cause in the event that the Consultant (1) violates any provisions of this Agreement or performs same in bad faith or (2) unreasonably delays the performance of the Services or does not perform the Services in a timely and satisfactory manner, upon written notice to the Consultant In the case of termination by the City for cause, the Consultant shall be first granted a thirty (30) day cure period after receipt of written notice from the City. 10.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant(s) or otherwise. In such event, the Consultant shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete Services, and the cost of completion of 24 Neighborhood No. 12: South Pointe Phases IlVIVN May 18, 2005 such Services which would have resulted from payments to the Consultant hereunder had the Agreement not been terminated. 10.2.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination, shall be made in accordance with Article 7 herein and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 7. 10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 10.2.4 In the event of a termination for cause, no payments to the Consultant shall be made (1) for Services not satisfactorily performed and (2) for assembly of submittal of documents, as provided above. 10.3 Termination For Convenience. The City, in addition to the rights and options to Terminate for Cause, as set forth herein, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement, at its sole option, at any time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon notice to Consultant, in writing, fourteen (14) days prior to termination. In the event City terminates Consultant's services for its convenience, as provided herein, Consultant shall be compensated for all Services rendered up to the time of receipt of said written termination notice, and for the assembly and submittal to the City of documents for the Services performed, in accordance with Article 7 herein, and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 7. 10.4 Termination Bv Consultant. The Consultant may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement or 25 Neighborhood No. 12: South Pointe Phases IWIVN May 18, 2005 unreasonably delays payment for the Services, upon written notice to the City, thirty (30) days prior to termination. In that event, payment for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination shall be made in accordance with Article 7 herein. In the case of termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt of written notice from the Consultant. 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 10.5 Implementation of Termination. In the event of termination, either for cause or for convenience, the Consultant, upon receipt ofthe Notice of Termination, shall (1) stop the performance of Services under this Agreement on the date and to the extent specified in the Notice of Termination; (2) place no further orders or subcontracts except for any that may be authorized, in writing, by the Project Coordinator, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the Services performed, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice Of Termination, And As Specifically Set Forth Therein. 10.6 Non Solicitation. The Consultant warrants that it has not employed or retained any company or person, other than an employee working solely for the Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the Consultant for any reason whatsoever. 26 Neighborhood No. 12: South Pointe Phases IIUIVN May 18, 2005 ARTICLE 11. INSURANCE 11.1 The Consultant shall comply throughout the term of this Agreement with the insurance requirements stipulated herein. It is agreed by the parties that the Consultant shall not commence with work on this Project until satisfactory proof of the following insurance coverage has been furnished to the City. The Consultant will maintain in effect the following insurance coverage: (a) Professional Liability Insurance in the amount of One Million ($1,000,000.00) Dollars per occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant shall notify City in writing within thirty (30) days of any claims filed or made against the Professional Liability Insurance Policy. (b) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverage. The City must be named as an additional insured on this policy. (c) Worker's compensation and employer's liability coverage within the statutory limits ofthe State of Florida. 11.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage, to the 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 27 Neighborhood No. 12: South Pointe Phases IIVIVN May 18, 2005 that the City shall be given thirty (30) days notice prior to expiration or cancellation of the policy. ARTICLE 12. INDEMNIFICATION Consultant herein agrees to indemnify and hold harmless the City, and its officer and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of the Agreement. This Article 12, and Consultant's indemnification contained herein, shall survive the termination and expiration ofthe 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. 28 Neighborhood No. 12: South Pointe Phases IIVIVN May 18, 2005 ARTICLE 14. LIMITATION OF LIABILITY 14.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the amount of the fees for Services agreed upon under the terms of the Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of the fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actually paid by the City to the Consultant Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement in an amount in excess of the amount of fee under any this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. ARTICLE 15. MISCELLANEOUS PROVISIONS 15.1 The laws of the State of Florida shall govern this Agreement. 15.2 Equal Opportunitv Emplovment Goals: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, disability or sexual orientation and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to sexual orientation, race, 29 Neighborhood No. 12: South Pointe Phases III/IVN May 18, 2005 color, religion, sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or compensation; and selection for training, including apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action Policy. 15.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has 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 Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15.5 The Consultant represents that it has made and will make reasonable investigation of all sub consultants to be utilized in the performance of work under this Agreement to determine that they possess the skill, knowledge and experience necessary to enable them to perform the services required. Nothing in this Agreement shall relieve 30 Neighborhood No. 12: South Pointe Phases IIVIVN May 18, 2005 the Consultant of its prime and sole responsibility for the performance of the work under this Agreement. 15.6 The Consultant, its consultants, agents and employees and sub contractors, shall comply with all applicable Federal, State and County laws, the Charter, related laws and ordinances of the City of Miami Beach, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies as they relate to this Project. 15.7 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of City. 15.8 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE 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 Tim Hemstreet City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 31 Neighborhood No. 12: South Pointe Phases III/IVN May 18, 2005 With a copy to: Jorge Chartrand Acting Capital Improvement Proj ects 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 Consulting Engineers, Inc 5100 NW 33 Avenue Suite 250 Fort Lauderdale, Florida 33309 All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. 32 Neighborhood No. 12: South Pointe Phases IIVIVN May 18, 2005 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest ~~/ rM~ . CITY CLERK r- <;- .-\..__.. -~..-:-- '""Itobert PaFcher r. r~ r~ i. _~. ,;:. Attest ~~1_<<~ Signed, Secretary OSLo r ~ . ~e,( r.v Print Name MAYOR David Dermer CONSULTANT CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC. BeVl 1-1. Chen Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION J/;t[~ 9- ~- r5 QIr Attorney ~ Date 33 Sep 07 05 06:04p LORD & CO., PLC (81a1248-3148 p. 1 ACt!1Bll..CERTIFICATE OF J...IA.BIJ...ITY INSURANCE 3)248"11~$ THlSCetnlRCA CO..PLC ONr..Y~D~N IC:IA t.A.ESCIlMALTZ ",~DER..r~lS P.Cl.BOX 2916$1 .Al,.TER THI COVE tAMPA. Fl 33887-1087 INS\JRER k DING COVERAGE RISK RETEKTION GROUP SURANCE COMPANY EXPRESS INSURANCE COMPANY NAIe , ~EP CHEti AND ASSOCIATES CONSULTING ENGINEERS. 610~ rtW .$3RO AVENUE SUITE ~SO FORT LAUDERDALE. PI.. 33309 INC. (N$lJflSR c: INSURER 0: IHS\JRERE: 25448 19380 10193 08/26/2005 UMITS $ $ MEO EXP(Any _ porton) $ PEASONAL&AOVlNJIJRY $ GeNeAAlAGGReGATE . 1'ROOOC'r$. OOMPJOP AGG $ 1 000 000 SO 000 5000 1.000 000 2 000000 2 000 000 A c ODIU! UAIlIl.ITY Atrf AUTO AU. OWIIIED AIJT<)$ X SCHEOUUID AUTOS I4RED AUTOS NON.OWNEO AUTOS 082801410* 08/18/2005 COMQlNEO SINGlE UMlT 0211812008 (Ell""";""", $ 1,000.000 IlODlLY INNAY (P9r person) $ llOOlt. Y lNJ\.lRY (Pet -"lent) $ PROPERlY DAMAGE IPw aocidenI) $ 6256507 x we STATU. 02/01/2005 0210112006 E.t..eACHACcIb91T e.l. 0l$EASli. EAEMPI.OY E.l. DlSEMe . POLICY UMlT EACH CLAIII 08/26/2006 08/26/2006 AGGREGATE 500000 600 000 00 000 1.000,000 2,000,000 OARAGI! UA8lUTV ANY AUTO ~AUAlllllTY OCCUR DCl.AlMSMAOE PFl 06-2552-005 QERTIFICATE HOLDER CITY OFMIAMlBEACfl 1700 cONVENT I ON ~NTEll. DRIVE MIAM I BEACH PI.. 33139 CANCELLATION SHOlJl.I) ANY 01' THEASOVI! oESClllHDPOl.lCIE8 8l! CAMCEl.UlD aEFORE TtfE EXI'lRA110N ~TE THE"EOF, THE ISSUING INSUReR WII.I.. ENDEAVOR TO MAIL -1!L DAY$WIlI1TEN NOnce TO THE CERl1l'ICATE HOloeRtlAMI;D TO 'rHE LEFT, BtIT FAlLuml 1'000 SO $!fALL ""!'OSE NO 08UOAl1ONOA lJAlllUTY OF At<<1QND UPON THE INIIUftl!R, rra AQElfT$ OR Rep~Al1 AUTHOllIXED Am: RISK MANAGEMeNT ACORD 28 (2001108) Neighborhood No. 12: South Pointe Phases III/IVN May 18, 2005 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING ENGINEERS. INC SCOPE OF SERVICES Please refer to attached schedule. 34 Neighborhood No. 12: South Pointe Phases IIVIVN May 18, 2005 SCHEDULE B PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING ENGINEERS. INC CONSULTANT COMPENSATION Please refer to attached schedule. 35 Neighborhood No. 12: South Pointe Phases IlVIVN May 18, 2005 SCHEDULE C PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING ENGINEERS INC. HOURLY BILLING RATE SCHEDULE Classification Hourlv Billim! Rate (FY 2005) Principal/Project Director $ 155.41 per hour Project Manager $ 128.61 per hour Sr. Engineer / Architect $ 110.39 per hour Engineer / Architect $ 93.24 per hour Staff Engineer $ 75.02 per hour Designer $ 78.24 per hour Drafter $ 55.73 per hour Clerical $ 42.87 per hour 36 Neighborhood No. 12: South Pointe Phases IlVIVN June 2005 SCHEDULE D PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING ENGINEERS. INC PROJECT SCHEDULE Task Description: Working days after Notice to Proceed 1 Planning Services 310 Days 2 Design Services 300 Days 3 Bidding and Award Services 120 Days 4 Construction Administration Services. 954 Days 5 Additional Services Upon Request - TBD 6 Reimbursables N/ A The above durations include, in working days, the response time of the City and the Program Manager. F: \CAP/\$all\DIXC\Final AE Agreement South Point III IV V Chen and Associates (5-27-05)1.doc 37 SCHEDULE A CITY OF MIAMI BEACH, FLORIDA RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM SOUTH POINTE PHASE III, IV & V SCOPE OF AlE CONSULTANT SERVICES CONSULTANT: Chen and Associates Consultina EnQineers. Inc. BACKGROUND The South Pointe Streetscape Improvement Project(s) consist of comprehensive, multi-phase, right-of-way and infrastructure improvements based on the South Pointe Master Plan developed and approved by the City in 1999. The South Pointe Master Plan, which addressed all of the areas south of Fifth Street, identified comprehensive improvements inclusive of roadway, drainage, landscaping, streetscape, irrigation, water, electrical, and street lighting improvements, for implementation via a five-phase process. These phases, also referred to as Bid Packages from a construction contract perspective, are identified as follows: · Phase I: Also referred to as Bid Package 12A/B, this Project area consists of Third Street from Ocean Drive to Michigan Avenue and Washington Avenue from Fifth Street to Government Cut. Construction was completed in 2002. · Phase II: Also referred to as Bid Package 12C, this Project area consists of Michigan Avenue between Second and Fifth Streets, Jefferson Avenue between Second and Fifth Streets, Meridian Avenue between Second and Fifth Streets, Euclid Avenue between Third and Fifth Streets, Second Street between Washington and Michigan Avenues, and Fourth Street between Alton Road and Washington Avenue. Design is currently underway and construction is expected to commence in Year 2005. F:ICAP/I$alllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 1 of 37 · Phases III, IV, and V: Also referred to as Bid Package 12D/E/F, this Project area includes: o Phase III (BP 12D) includes First, Second and Fourth Streets between Washington Avenue and Ocean Drive, inclusive of Collins Court and Ocean Court. o Phase IV (BP 12E) includes Commerce and First Streets between Washington Avenue and Alton Road (except as noted herein). o Phase V (BP 12F) includes South Pointe Drive from Alton Road to Ocean Drive, Alton Road from Fifth Street to South Pointe Drive, and Jefferson Avenue from South Pointe Drive to 151 Street. Planning, design and construction of Phases III, IV, and V is the subject of this scope of services. It is important to note that the terms of the agreement which govern the South Pointe Redevelopment Area are scheduled to expire at the end of FY 2005 (September 30, 2005). To this end, it is imperative that funding commitments for RDA projects be secured by that time. It is anticipated that this project shall be prepared and bid / constructed as one single Bid Package to be entitled the South Pointe Phases III, IV and V Right of Way (ROW) Improvements Project. The Project area is described in Exhibit A. A portion of the Project area falls within the boundaries of the City of Miami Beach Ocean Beach Historic District which is illustrated in Exhibit B. In addition, this area contains portions of Stormwater Priority Basin No. 1 (Exhibit C) and CONSULTANT's level of effort contemplates the planning and design of four (4) pump stations to address Phase 3, 4 and 5 drainage requirements. In addition, water main replacements and associated fire hydrants shall be implemented in accordance with the CITY's Water / Sewer Master Plan as noted on attached Exhibit D. 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. F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 2 of 37 Please note that due to the large number of projects that will be ongoing coincidentally 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. SCOPE OF SERVICES The purpose of the South Pointe Phases III, IV and V ROW Improvement 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, streetscape work with restoration and enhancement of the neighborhood's hardscape, landscape, streetscape irrigation and lighting, potable water, and storm drainage infrastructure as needed. At this point, 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 Comprehensive Stormwater Management Program Master Plan recommendations, as prepared by CH2MHiII in March 1997. 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 City Water / Sewer Master Plan recommendations as noted on Exhibit D. This effort includes pipe and fire hydrant replacement designs and requisite jurisdictional permit procurement. However, hydraulic modeling efforts in support of permit applications will be provided by the PWD. F:ICAP/I$aIllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 3 of 37 · Street reconstruction and/or resurfacing and new pavement markings. · Swale restoration, and/or curb and gutter restoration / replacement or upgrades. · Repair, extension, construction, or widening of sidewalks and access ramps to provide continuous, ADA compatible separated pedestrian ways. · Installation of new pedestrian-scale street lighting and/or upgrade of existing lighting to correct deficiencies where needed. · Provide 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. Also included in the scope are consideration, selection and design of street furnishings and appurtenances. · Improving of lighting, landscaping, fencing, and/or parking, where appropriate. · Physical and/or operational improvements to streets within the project area for the purposes of beautification, traffic calming and increasing alternative transportation routes including pedestrian and non-motorized vehicles. · 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 and sanitary sewer lines, including the new in-line sewage pump station under design in the triangle at Alton Road and F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 4 of 37 Jefferson Avenue. · 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 Private Developments that are, or will be implementing CITY approved Right of Way improvements as a part of their respective development Orders Underground water, sewer and drainage infrastructure improvements are generally identified in: the City of Miami Beach Comprehensive Stormwater Management Program Master Plan, (March 1997), the City of Miami Beach Water System Master Plan, (November, 1994), and the Citywide Sanitary Sewer Infiltration and Inflow Mitigation Program, and in subsequent amendments to the plans and decisions of the City's Public Works Department. The City plans to / has initiated the planning and/or design of various improvements within the South Pointe Project Area. Hence, the CONSULTANT shall coordinate its work efforts as necessary with the following, as a minimum: · South Pointe Phase II ROW Improvements · Miami-Dade County 54-inch diameter wastewater transmission main replacement project · Continuum development · Alaska Parcel development · South Pointe Park project · In-line sewage pump station under design in the triangle at Alton Road and Jefferson Avenue. Total estimated construction costs budgeted for this Bid Package approximates $19,800,000, which includes a 10% construction change order contingency that is to be in 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 $17,800,000. This target construction budget is funded from the South Pointe RDA. F:ICAP/I$aIllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 5 of 37 Note that a separate Notice to Proceed is required from the CITY prior to the commencement of work on any Task. TASK 1 -PLANNING SERVICES The purpose of this Task is to establish a consensus design concept for the referenced neighborhood that meets the needs of the community and stays within established schedule and cost parameters. In this capacity, it is important to note that subsequent to its adoption in 1999, residents have voiced significant concerns regarding proposed concepts presented in the South Pointe Master Plan. To this end, the City Commission has agreed to allow the existing Master Plan to be revisited under the scope of this Project to enable re-establishment of a consensus with residents. There is no requirement to complete a new master plan for the South Pointe Neighborhood This task is to review the evolution of the design themes from the Master Plan from Phase I to Phase II, and then to adjust the proposed design of Phases III, IV and V as appropriate. For the purposes of this Task, CONSULTANT shall review and familiarize itself with conditions and concepts implemented within all project corridors in Phases I through V. The following presents anticipated Tasks to be performed by the CONSULTANT under the Planning Phase of the Project. Note that Tasks 1.1 through 1.4 are intended to develop a database for the performance of Community Design Workshops. A total of two Community Design Workshops shall be conducted as discussed in Task 1.5. Based on the results of the Community Design Workshops, a draft Basis of Design Report shall be developed as noted in Task 1.6. Subsequent interdepartmental and Historic Preservation Board design reviews / presentations and approvals shall be as noted in Task 1.7. A final Basis of Design Report (BODR) shall then be prepared summarizing the accepted design concept, budget level cost estimate and implementation schedule. This BODR shall be presented by the CONSULTANT to the City Commission for approval 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 / or the PROGRAM MANAGER in the original software version, as well as in an appropriately indexed .pdf format. Task 1.1 - Project Kick-Off Meetina: The CONSULTANT shall meet with the CITY and PROGRAM MANAGER to review existing planning documents, discuss results of previous F:ICAP/I$aIllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 6 of 37 scoping sessions held with affected neighborhood representatives, and receive / 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. Deliverables: - Attend Project kick-off meeting. Schedule: - Notice-to-Proceed is issued at the Kick-Off Meeting. Task 1.2 - Proiect Site Reconnaissance Visit: The CONSULTANT shall attend a Site Reconnaissance Visit. This site visit shall also be attended by applicable 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 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. 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 / alternative treatment, indicating opinions of probable cost. Estimates shall present costs by category types (i.e. underground utility construction, paving, lighting, landscaping, etc.) and shall be prepared in a Microsoft Excel Spreadsheet format. The F:ICAP/I$aI/ID/XCIFina/ South Pointe II/-/V-V Scope of Services 5-27-051.doc Page 7 of 37 PROGRAM MANAGER will provide a template for the requisite cost estimate format to the CONSULTANT for its use. 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. Task 1.3 - Attend "Visionina" Session: After conducting the Site Reconnaissance Project Site Visit, developing alternative treatment / 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 in preparation for Community Design Workshop (CDW) NO.1. Issues to be discussed shall include the proposed project elements (Le. stormwater, streetscape, landscaping, electrical, etc.) budget and schedule. At this meeting, the CONSULTANT shall present its Project concepts and document input from the various CITY attendees. In this effort, the CONSULTANT shall make revisions to its proposed / 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 Workshop NO.1. The CONSULTANT shall prepare draft meeting minutes and forward them to the PROGRAM MANAGER for review and comment. The CONSULTANT shall finalize and distribute the final minutes 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 20 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 CITY comments and developing the Recommended Approach, the CONSULTANT shall meet with applicable CITY and PROGRAM MANAGER staffs for a Pre- F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 8 of 37 CDW meeting. The format of the Pre-CDW will require that the CONSULTANT formally present its materials (PowerPoint presentation, Figures, handout materials), to ensure the CITY that any and all concerns regarding project scope, schedule and cost parameters are addressed prior to scheduling the first of two Community Design Workshops. A total of two Pre-CDW meetings will be held, one before each CDW. 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 the Community Design WorkShOps is to provide the CONSULTANT the opportunity to present the proposed improvements (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 CDWs shall be conducted for the Bid Package being developed under the scope of this contract. In this effort, 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 shall utilize a "PowerPoint" type format for its presentation, with support from standalone graphics and handout materials. In addition, the CONSULTANT shall provide comment forms to attendees to elicit responses from residents. Also, 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 to obtain community concurrence. The CONSULTANT shall prepare full size presentation graphics illustrating existing conditions and 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. F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 9 of 37 "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 staffs shall also attend these meetings, and assist the CONSULTANT with responses to resident questions, as they pertain to CITY related issues. The CONSULTANT shall note reasonable design concept revision requests expressed by residents. These design concept revision requests shall be reviewed and incorporated by the CONSULTANT 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. 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 Community Design Workshop to present 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 received during CDW No. 1 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, as applicable. 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 F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 10 of 37 residents for review and incorporation into the final 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: Schedule: - Prepare materials and attend pre-CDW and CDW NO.2. - Within 60 working days after completion of Task 1.5.1 Task 1.6 - Basis of Desian Report (DRAFTI: The CONSULTANT shall prepare a draft Basis of Design Report (BODR) presenting the results of the Community Design Workshop(s) and final consensus / 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: · Executive Summary summarizing the contents of the BODR · 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 fire hydrant 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. Also, CONSULTANT shall present its findings / discussion regarding the potential use of trench less technologies to replace the existing water mains within the project limits. F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 11 of 37 · Proposed stormwater improvements for the project. · 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 BODR to reflect such issues accordingly. · A schedule for implementing the Project by phases (Le. 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. Ten 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 10 copies of the draft BODR. Schedule: - Within 35 working days from completion of Community Design Workshop NO.2 F:ICAP/I$aI/lD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 12 of 37 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. It is recognized by the 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 F:ICAP/I$aIllD/XCIFina/ South Pointe II/-/V-V Scope of Services 5-27-051.doc Page 13 of 37 CONSULTANT's responsibilities regarding full / 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 Desian Report: The CONSULTANT shall prepare a final BODR based on comments and revisions implemented during the reviews with the various the CITY Departments / 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 Addenda, in the CITY provided format, for distribution to all Final BODR holders, as may be required. Deliverables: - Prepare 35 copies of a final BODR and Addendum, as necessary. . Present the BODR to the City Commission for approval - Within 30 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 / committees requesting revisions and / or other meetings as may be requested by the CITY. TASK 2 -DESIGN SERVICES The purpose of this Task is to establish requirements for the preparation of contract documents for the Project. For the purposes of this Task, design / permitting services shall not include the Meridian Avenue corridor from 151 Street to 2nd Street. Also, design / permitting services along 151 Street from Washington to Jefferson Avenues are not included in CONSULTANT's basic scope of services. 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 F:ICAP/I$aIllD/XCIFina/ South Pointe I/I-/V-V Scope of Services 5-27-051.doc Page 14 of 37 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 provided to the CONSULTANT, who agrees to comply with all procedures set forth therein. In addition, please note that 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. Task 2.1 - Field Verification of ExistinQ Conditions: The CONSULTANT shall perform a detailed topographic survey of the existing right of way areas to be impacted by construction activities under the scope of this project. The survey shall be performed by a Professional Land Surveyor in the State of Florida and shall meet the minimum technical standards identified in Chapter 61G17-6, FAC. All survey files shall be prepared in AutoCAD Version 2000 format with a layering system as directed by the CITY in the DSM. References herein to an average 5-foot offset anticipate that the CONSULTANT shall strive to include a 25-foot offset perpendicular to the public right-of-way along all project limits where existing site conditions permit. The intent of the 25-foot offset is to identify existing above ground information to illustrate hard objects / structures adjacent to or abutting the right-of-way so that the Contractor is aware of the urban F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 15 of 37 nature of the neighborhood and to obtain spot elevations to verify drainage patterns. It is recognized that some corridors have structures abutting or adjacent to the right-of-way and that a 25-foot offset may not be realistic. 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. The survey baseline 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 500-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 100-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 25-foot right-of-way offset onto private property, encroachments (both natural and built-in), etc. · The CONSULTANT shall locate and identify all existing surface improvements / topographic features that are visible along the corridor and within a 25-ft right of way offset, 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, roof drains, 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/height, F:ICAP/I$aIllD/XCIFina/ South Pointe II/-/V-V Scope of Services 5-27-051.doc Page 16 of 37 landscaping plant materials 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. · Corridors to be surveyed include all CITY public rights-of-way within the South Pointe Phase III, IV and V Project areas as shown on Exhibit A, including the 25-ft right of way offset. · Survey limits shall include the entire right-of-way and an additional overlap of 25-feet on either side of the right-of-way, to the extent practicable. · Topographic survey / 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 / 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. · The Survey shall include Lot / Block number and address of lots and properties abutting the perimeter of the right of way. · Survey shall indicate geometry of perimeter private property plats (inclusive of fences, landscaping and driveways) within the specified 25-ft offset and the survey shall identify the dimension of lots abutting the right of way. Upon completion and acceptance of the final survey, the CONSULTANT shall forward same to the following agencies with a request to mark / 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 / 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: F:ICAP/I$a/IID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 17 of 37 · Florida Power and Light Company · BellSouth · Miami-Dade Water and Sewer Authority · Atlantic Broadband (formerly Charter Communications) · Natural Gas provider · City of Miami Beach Public Works Department · Others as deemed necessary by the CONSULTANT 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. A copy of this properly labeled / collated file shall be provided to the PROGRAM MANAGER upon request. 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 subject to CITY approval). Deliverables: - Perform forensic work as noted to develop final survey maps. Deliver three (3) draft and 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 Desion: The CONSULTANT shall prepare all contract documents in compliance with DSM standards. Proposed drawing list is provided as Exhibit E. Technical specifications shall be prepared in conformance with Construction Specifications Institute (CSI) formats. The PROGRAM MANAGER, through the DSM, shall furnish the F:ICAP/I$aI/ID/XCIFina/ South Pointe I/I-/V-V Scope of Services 5-27-051.doc Page 18 of 37 CONSULTANT with standard CITY specification outlines for Divisions 1, 2, 3 and 15 as noted in the DSM. In addition, for reference purposes, the City has provided copies of its standard Job Order Contract (JOC) specifications via the DSM. The CONSULTANT shall refrain from referencing or amending FDOT, 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 / DSM, 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 suppliers 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 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. 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 / base map work as identified in Task 2.1 with all proposed funded improvements identified in the approved BODR 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 a detailed tabulation of all encroachments (hardscape and softscape) within the public right-of-way in the project area. The tabulation shall be presented in a format that identifies those encroachments that exist within the right-of-way and do not require removal in order to construct the F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 19 of 37 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 / lot number and physical address), a description identifying the encroachment, and a justification / reason why the encroachment must be removed (to be provided only for those encroachments required to be removed to 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 corresponding profile for each plan view shall be included on the same sheet as the plan view. Separate Plan and Profile sheets will not be acceptable. In addition, a small scale key map will be provided on each sheet to allow the reviewer the ability to readily identify the location of the sheet within the Project area. 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. 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 CONSULTANT's 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 / 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. F:ICAP/I$aIllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 20 of 37 · The 90% design completion stage milestone shall consist of a near final construction document set including the front-end documents (general and supplemental conditions), technical specifications and construction drawings for all work proposed to be completed. The CONSULTANT shall include detailed construction sequencing restrictions for the PROGRAM MANAGER's review with this submittal. Prior to the preparation of the 90% design completion stage drawings, the CONSULTANT shall incorporate changes to its design based upon review comments received, as noted in Task 2.3 below In addition, the CONSULTANT shall provide its "Definitive" level opinion of probable cost as defined by the American Association of Cost Engineers with this submittal. · The 100% design completion stage milestone shall consist of the 90% documents updated to include all constructability and design review comments as may be provided by the CITY, PROGRAM MANAGER and/or jurisdictional review agency. This set of documents will be used by the CONSULTANT to implement City of Miami Beach Building Department Permitting Reviews as noted in the PWP. Deliverables: . Furnish fifteen (15) sets each of the 30, 60, 90 and 100 percent design completion stage documents to PROGRAM MANAGER, as applicable (ten full size and five half size for each submittal) . Prepare and update project invoices and schedule tracking spreadsheets, on a monthly basis. . Attend monthly design progress meetings with CITY and PROGRAM MANAGER staff. Schedule: . Complete 30 percent document submittal within 80 working days after the Task 2 - Design Phase Notice to Proceed. . Complete 60 percent document submittal within 160 working days after Task 2 - Design Phase Notice to Proceed. -Complete 90 percent document submittal within 240 working days after Task 2 - Design Phase Notice to Proceed. F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 21 of 37 -Complete 100 percent document submittal within 300 working days after Task 2 - Design Phase Notice to Proceed. Task 2.3 - Desian I Constructabilitv Review: To verify that the CONSULTANT is in compliance with required BODR, 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. 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 I 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. F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 22 of 37 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. 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% (i.e. 30% over / 15% under the actual amount) "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% (i.e. 15% over / 5% under the actual amount) "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 the 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 (based upon CONSULTANT's analysis and recommendations). 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 six (6) 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 / revision of documents to F:ICAP/I$amD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 23 of 37 address such items, as necessary to meet established budget parameters. Schedule: - Complete concurrently with 300 working day Design Phase schedule. Task 2.5 - Community 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 the PROGRAM MANAGER, who shall review, provide comments and distribute, accordingly. The CONSULTANT shall prepare for, attend and present its documents at up to two (2) CDRMs. 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, highlights, funding, schedules, plus review of full size plans for the 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 Pre-CDRM meetings 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 - Permittina 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. CONSULTANT's drainage design concept anticipates the use of Class V, Group 6 drainage wells. CONSULTANT's effort contemplates the necessary supporting documentation to respond to agency requests for information as they relate to all technical aspects of the proposed installation and operation to obtain a Class V, Group 6 Construction and Authorization to Operate permit on behalf of the CITY. 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 F:ICAP/I$aIllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 24 of 37 a different time is agreed to by PROGRAM MANAGER. It is the intent of this scope of services that the CONSULTANT be the responsible party for formally transmitting and receiving permits to and from the respective jurisdictional authorities. However, since the PROGRAM MANAGER is to track and monitor progress on the preparation and review of permits and subsequent requests for information, the CONSULTANT shall copy the PROGRAM MANAGER on all permit related correspondence. This includes CONSULTANT generated minutes from meetings held with related parties. The PROGRAM MANAGER will forward copies of such documents to the CITY as appropriate. It is recognized by CITY that the time period required for obtaining permits is beyond the control of the CONSULTANT, except with regard to issues concerning the permittability of the proposed design and the CONSULTANT's ability to respond to permitting agency requests for information in a timely manner. At the time of scope preparation, the following governmental authorities that have or may have jurisdiction over Project have been identified: . United States Environmental Protection Agency . U.S. Army Corps of Engineers . Florida Department of Transportation . Florida Department of Environmental Protection . South Florida Water Management District . Miami-Dade Water and Sewer Authority . Miami-Dade Department of Public Works . Miami-Dade Department of Health and Rehabilitative Services . Miami-Dade Department of Environmental Resource Management . The City of Miami Beach Building Department · The City of Miami Beach Planning Department . The City of Miami Beach Public Works Department · The City of Miami Beach Historic Preservation Board F:ICAP/I$aI/ID/XCIFina/ South Pointe I/I-/V-V Scope of Services 5-27-051.doc Page 25 of 37 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 (QA/QC) program designed to verify and ensure the quality, clarity, completeness, constructability and biddability of its contract documents. To this end, the CONSULTANT shall provide the CITY and PROGRAM MANAGER with a written narrative detailing its QA/QC 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 QA/QC 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: F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 26 of 37 . 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 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 the complete Contract Document set (drawings and specifications) 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 agreed to by the PROGRAM MANAGER. The CONSULTANT's compensation has been based upon one meeting with these departments. If JOC system is used, repackaging of contract documents is included in this Task. 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. 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 ODenina: The PROGRAM MANAGER will conduct one pre-bid conference. The CONSULTANT shall attend and participate in the pre-bid conference and bid opening as may be required. 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 F:ICAP/I$aIllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 27 of 37 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. 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. F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 28 of 37 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 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. 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 CONSULTANT 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 timeframe for Bid Package 12D/E/F will approximate 42 months. The CONSULTANT's compensation is based upon the administration of this construction duration. Task 4.1 - Pre-Construction Conferences: The CONSULTANT shall attend one pre- construction conference if one contractor is used, or up to three (3) preconstruction conferences if the JOC method is used for contracting. The PROGRAM MANAGER will prepare and F:ICAP/I$alAD/XGIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 29 of 37 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 to three pre-construction conferences. As scheduled by PROGRAM MANAGER after receipt of Task 4 Notice to Proceed. Schedule: Task 4.2 - Weeklv Construction MeetinQs: The CONSULTANT shall attend weekly construction meetings with the Contractor(s), PROGRAM MANAGER and applicable CITY representatives for the duration of the construction. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals and contract document clarifications and interpretations. In addition, the Contractor shall furnish a two-week look ahead work schedule to allow for proper coordination of necessary work efforts. These meetings shall also serve as a forum for discussion of construction issues, potential changes / conflicts and any other applicable matters. The meetings may include site visits to visually observe / address construction related concerns that may result from discussion during the construction meeting. Note that these 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 the Bid Package Schedule: - Weekly throughout the project duration. Task 4.3 - ReQuests for Information / Contract Document Clarification (RFls I CDCs): The PROGRAM MANAGER will receive, log and process all RFls / CDCs. 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 CDCs should certain items within the F:ICAP/I$aIllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 30 of 37 contract documents require clarification. Note that the CITY will hold the CONSULTANT directly responsible for any impacts resulting from untimely responses. Deliverables: Respond to those RFI's that involve design interpretations and return to PROGRAM MANAGER's office. Issue CDCs as required. Schedule: - Ongoing throughout project construction duration for the Bid Package. Task 4.4 - Reauests for Chanaes to Construction Cost and/or Schedule: The PROGRAM MANAGER will receive, log and review all requests for project cost and/or schedule changes from the Contractor(s). Such requests may be the result of unforeseen conditions, interferences identified by the Contractor(s) during the routine progress of work, inadvertent omissions (betterment) issues in the contract documents, permitting requirements that arise after the contract award, and/or additional improvements requested by the CITY. Regardless of the source, the PROGRAM MANAGER will evaluate the general merit of the request, as well as perform a cursory review of the potential impact of the change in terms of project cost and schedule. The PROGRAM MANAGER will also forward the request to the CONSULTANT, who shall provide a written opinion as to the merit / value of the request. It is understood that no legal claims assistance or support services are inferred by the work effort noted under this Task. Deliverables: - Perform independent review of request for cost increase and/or time extension. - Coordinate and participate in meetings, as required, with the PROGRAM MANAGER, CITY and Contractor to resolve and/or negotiate the equitable resolution of request. Provide written opinion and / or recommendation upon request. - Prepare change order documentation in CITY directed format Schedule: - Ongoing throughout project construction duration for the Bid Package. F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 31 of 37 Task 4.5 - ProcessinQ of Shop DrawinQs: 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. Note that the CITY will hold the CONSULTANT directly responsible for any impacts resulting from untimely review of submittals. Deliverables: - Review Shop Drawings and return them to PROGRAM MANAGER's office. - Ongoing throughout project construction duration. Schedule: 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 for the duration of the construction project (42 months). Deliverables: - Provide monthly specialty site visits. 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 F:ICAP/I$aIllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 32 of 37 completion of all outstanding work items by the Contractor(s), 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". -At the Substantial and Final completion of each project Schedule: TASK 5 - ADDITIONAL SERVICES Task 5.1 - Additional Meetinas with Property Owners: At the request of the CITY, CONSULTANT shall attend up to ten (10) additional meetings with CITY representatives to discuss or resolve particular aspects of the project. CONSULTANT shall prepare meeting minutes for each meeting, Task 5.2 - First Street Desian & Permittina: At the request of the CITY, CONSULTANT shall prepare design plan submittals to prepare a survey and incorporate streetscape and utility improvements to the First Street corridor from Washington to Jefferson Avenues in accordance with the basic scope of services. This corridor is not included in the basic scope of services since the adjacent developer has recently implemented improvements. Task 5.3 - Meridian Avenue Desian & Permittina: At the request of the CITY, CONSULTANT shall prepare design plan submittals to prepare a survey and incorporate streetscape and utility improvements to the Meridian Avenue corridor from First to Second Street in accordance with the basic scope of services. This corridor is not included in the basic scope of services since the adjacent developer has recently implemented improvements. 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 F:ICAP/I$a/IID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 33 of 37 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 - Survevina: 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 and CONSULTANT contemplates approximately 19,100 linear feet of corridor to be surveyed. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Prior to initiating the work, CONSULTANT shall provide subconsultant fee proposals for the estimated work effort to the CITY for CITY review and approval. Task 6.4 - Geotechnical Evaluation: The CONSULTANT shall contract the services of a professionally licensed geotechnical firm to perform asphalt pavement cores, boring / test excavations as necessary to ascertain pavement and soil conditions. Specifically, the CONSULTANT shall procure the services of a geotechnical engineer to perform 750 LF of Standard Penetration Test Borings, 20 exfiltration tests, 100 asphalt / limerock cores, 25 sieve analyses, 10 soil permeability tests and an engineering report which utilizes this geotechnical information to identify recommendations for pavement design, pipe trench and backfill requirements, 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 $50,000 not-to- exceed amount. Unused amounts shall be credited back to the CITY at the completion of the project. Task 6.5 - Underaround Utilitv Verification: The CONSULTANT shall contract the services of an underground utility location service to perform approximately 181 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 $50,000 not-to-exceed amount. Unused amounts shall be credited back to the CITY at the completion of the project. CONSULTANT and CITY acknowledge that the anticipated level of effort was based upon a unit price of $275 per vacuum extraction excavation. Prior to initiating the work, CONSULTANT shall provide subconsultant fee proposals for the estimated work effort to the CITY for CITY review and approval. F:ICAP/I$aIllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 34 of 37 Task 6.6 - Hvdroaeoloaical Permittina Assistance: The CONSULTANT shall retain the services of professional engineer and / or professional geologist that are experienced with the hydrogeologic conditions of the south Florida area. This subconsultant shall assist the CONSULTANT in developing proper responses to the State of Florida Department of Environmental Protection during the Group V, Class 6 disposal well permitting for construction and authorization to operate. Tasks may include the development of a report that presents background geologic conditions for the project area and its surroundings, site specific hydrogeological data as well as any other data that the CONSULTANT determines is necessary to satisfy the reasonable assurance requirements of the State of Florida Department of Environmental Protection. F:ICAP/I$aI/ID/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 35 of 37 Minimum Design Features To Be Shown On Drawings The CONSULTANT shall note that the following criteria indicate the minimum design standards to be shown on drawings. The CONSULTANT is encouraged to review and recommend changes as it deems necessary, subject to the review and acceptance of the CITY and the PROGRAM MANAGER. Paving, Grading and Drainage Plans · Show existing grade / topography, centerline roadway, edge of pavement, back of sidewalk, top of curb, gutter flow line · Show proposed grade along the centerline of the road at 50-ft centers, limits of road work, inlets, curb and gutter and sidewalk · Show limits of demolition / removal · Show limits of proposed work · Identify all surface features of all existing and proposed work · Identify driveway locations · Identify proposed structures · Identify linear footage of pipe, pipe invert elevation, diameter and material · Proposed flow drainage / directional arrows · Stormwater collection pipe profiles oriented on the same sheet as the plan view Paving, Grading and Drainage Details · Show proposed cross sections with topographical information at key locations · Identify the following minimum information on cross sections: Existing utilities Proposed road slope, lane width, sidewalk width and surface features within the right-of-way Road construction details for the sub-base and base and asphalt Proposed utility locations · Conflict manhole detail · Manhole details · Driveway replacement section · Catch basin details · Exfiltration trench details · Drainage pipe trench detail · Restoration Details - All pipes Roadway F:ICAP/I$aIllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 36 of 37 Sidewalk Curb and gutter Water Distribution Plans General · Identify existing utilities · Show future utilities proposed by others · Identify trees / landscaping to remain in place · Provide profiles oriented on the same page as the plan view Water Distribution System · Show location of single and double water meter boxes · Identify fire hydrant assembly · Identify fitting locations · Identify limits of restrained joints · Identify deflection limits · Identify water sampling points · Identify dead end blow-offs · 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 F:ICAP/I$aIllD/XCIFina/ South Pointe III-/V-V Scope of Services 5-27-051.doc Page 37 of 37 ,- - - I I I r CD (C CD ::J c.. 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II.... .ES. sa I~ EXHIBIT E CITY OF MIAMI BEACH ROW INFRASTRUCTURE IMPROVEMENT PROGRAM SOUTH POINTE PHASES III/IV AND V PROPOSED DRAWING LIST SHEET DRAWING NUMBER TITLE COUNT GENERAL 1 G - 1 TITLE SHEET AND LOCATION MAP 2 G - 2 LIST OF DRAWINGS 3 G - 3 ABBREVIATIONS, SYMBOLS, SECTION AND DETAIL IDENTIFICATION HORIZONTAL CONTROLS 4 EC - 1 HORIZONTAL CONTROLS PLAN - KEY MAP 5 TO 27 EC - 2 TO 24 HORIZONTAL CONTROLS PLAN - SHEET 1 THROUGH 23 11"-40'\ EXISTING CONDITIONS 28 EC - 1 EXISTING SITE CONDITIONS - KEY MAP 29 TO 51 EC - 2 TO 24 EXISTING SITE CONDITIONS - PLAN SHEET 1 THROUGH 23 (1"=20'. TWO STRIPS) DEMOLITION 52 DM -1 DEMOLITION - KEY MAP 53 TO 75 DM -2 TO 24 DEMOLITION - PLAN SHEET 1 THROUGH 23 11"-20'. TWO STRIPS) PAVING, GRADING AND DRAINAGE 76 PG&D - 1 PAVING. GRADING AND DRAINAGE - KEY MAP 77 TO 99 PG&D-2 TO 24 PAVING, GRADING AND DRAINAGE - PLAN SHEET 1 THROUGH 23 (1"=20', TWO 100 TO 103 PG&D- 25 TO 29 PAVING, GRADING AND DRAINAGE DETAILS 104 TO 115 PG&D- 30 TO 34 DRAINAGE PUMP STATIONS - PLANS AND SECTIONS IUP TO 4) 116 TO 119 PG&D - 35 TO 39 DRAINAGE PUMP STATION DETAILS PAVEMENT MARKING AND SIGNAGE 120 PM -1 I PAVING, GRADING AND DRAINAGE - KEY MAP 121 TO 143 PM -2 TO 24 PAVEMENT MARKINGS & SIGNAGE - PLAN SHEET 1 THROUGH 23 (1"=20'. TWO 144 TO 145 PM- 25 TO 26 PAVEMENT MARKINGS & SIGNAGE DETAILS HARDSCAPE 146 HS - 1 HARDSCAPE - KEY MAP 147 TO 169 HS-2 TO 24 HARDSCAPE - PLAN SHEET 1 THROUGH 23 11"=20', TWO STRIPS) 170 TO 171 HS- 25 TO 26 HARDSCAPE - DETAILS LANDSCAPING 172 LA-1 LANDSCAPE ENHANCEMENTS - KEY MAP 173 TO 188 LA- 2 TO 171 LANDSCAPE ENHANCEMENTS - PLAN SHEET 1 THROUGH 16 (1"=20'. TWO STRIPS) 189 TO 190 LA- 18 TO 19 LANDSCAPE ENHANCEMENTS - DETAILS WATERMAIN IMPROVEMENTS 191 WM -1 WATERMAIN IMPROVEMENTS - KEY MAP 192 TO 203 WM-2 TO 13,WATERMAIN IMPROVEMENTS - PLAN AND PROFILE SHEET 1 THROUGH 12 (1"=20') 204 TO 205 WM- 14 TO 15 WATERMAIN IMPROVEMENTS - DETAILS STORMWATERIMPROVEMENTS 206 SW-1 STORMWATER IMPROVEMENTS - KEY MAP 207 TO 251 SW-2 TO 46 STORMWATER IMPROVEMENTS - PLAN AND PROFILE SHEET 1 THROUGH 45 (1"-20' 252 TO 253 SW- 47 TO 50 STORMWATER IMPROVEMENTS - DETAILS ELECTRICAL 254 E - 1 ELECTRICAL IMPROVEMENTS - KEY MAP 255 TO 277 E-2 TO 24 ELECTRICAL IMPROVEMENTS - PLAN SHEET 1 THROUGH 23 (1"=20'. TWO STRIPS) 278 TO 279 E- 25 TO 26 ELECTRICAL IMPROVEMENTS - DETAILS 280 TO 287 E- 27 TO 28 ELECTRICAL - DRAINAGE PUMP STATIONS 288 TO 289 E - 29 TO 30 ELECTRICAL - DRAINAGE PUMP STATION DETAILS IRRIGATION 290 IR - 1 IRRIGATION - KEY MAP 291 TO 306 IR - 2 TO 17 IRRIGATION - PLAN SHEET 1 THROUGH 16 (1"=20', TWO STRIPS) 307 TO 308 IR - 18 TO 19 IRRIGATION - DETAILS