The URL can be used to link to this page

Agreement-Urban Resources Grp AGREEMENT BETWEEN CITY OF MIAMI BEACH AND URBAN RESOURCE GROUP FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE VENETIAN CAUSEWAY COMMUNITY ENHANCEMENTS PROJECT \\HEAnVOL I\PROJECTI040223084\ContracU\PROFSERV2doc TABLE OF CONTENTS PAGE ARTICLE 1 DEFINITIONS.. ........ ..... .......... ............ ........... ................... .............................1 1.1 City ...................................................................................................................1 1.2 City Commission ........ ......... .......... ...... ............................................. ......... .......1 1.3 City Manager ..... ................ .... ............. ........ ......................................................2 1.4 Proposal Documents ............... .... .... ................ ............................. ......... ............3 1.5 Consultant.........................................................................................................3 1.6 City's Project Coordinator.................................................................................4 1.7 Basic Services ................................ ... .............................................. ..................4 1.8 The Project( s) ....................................................................................................4 1.8.1 The Project(s) Cost ............................................................................4 1.8.2 The Project(s) Scope ..........................................................................4 1.9 Construction Cost Budget............................................................................4 1.10 Force Majeure ..............................................................................................5 1.11 Contractor ........................ ............................................................................5 1.12 Contract Documents............ ............. ............................................................5 1.13 Contract for Construction ............................................................................5 1.14 Construction Documents. .............................................................................5 1.15 Change Order ...............................................................................................5 1.16 Additional Services .......... ............................................................................6 1.17 Work ............................................................................................................6 1.18 Services........................................................................................................6 1.19 Base Bid .......................................................................................................6 1.20 Schedules ............................................................................... .... ..................6 1.21 Upset Limit ..................................................................................................6 ARTICLE 2. 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.\0 BASIC SERVICES ......................................................................................6 Design Phase ................................................................................................7 Construction Documents Phase ...................................................................7 Bidding or Negotiation Phase ......................................................................8 Observation and Administration of the Construction Contract ...................8 Responsibility for Claims and Liabilities ..................................................11 Additional Field Representation ................................................................11 Additional Services ......... ..... .... ........................................... ........... ............12 Time ... ..... ...................... .... ........................... ............................ ..................13 ARTICLE 3. THE CITY'S RESPONSIBILITIES ..........................................................\4 ARTICLE 4. 4.1 4.2 CONSTRUCTION COST .........................................................................15 Definition.................................................................................................. .15 Responsibility for Construction Cost.........................................................15 ARTICLE 5. DIRECT PERSONNEL EXPENSE ..........................................................16 ARTICLE 6. REIMBURSABLE EXPENSES................................................................16 ARTICLE 7. 7.1 7.2 7.3 PAYMENTS TO THE CONSULTANT ...................................................17 Payments on Account of Basic Services....................................................17 Payment on Account of Additional Services .............................................17 Project Suspension of Termination............................................................ 17 ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS .......................................17 ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS..........................................18 ARTICLE 10. TERMINATION OF AGREEMENT ........................................................18 10.1 Termination for Cause ...............................................................................18 10.2 Termination for Convenience ....................................................................19 10.3 Termination by Consultant ........................................................................19 10.4 Implementation of Termination .................................................................19 1 0.5 Non-Solicitation................................................. ........................................20 ARTICLE 11. MISCELLANEOUS PROVISIONS..........................................................20 ARTICLE 12. EXTENT OF AGREEMENT ....................................................................20 ARTICLE 13. BASIS OF COMPENSATION..................................................................21 13.1 Compensation for Services ........................................................................21 ARTICLE 14. INSURANCE.............................................................................................22 ARTICLE 15. INDEMNIFICATION................................................................................22 ARTICLE 16. VENUE ......................................................................................................23 ARTICLE 17. LIMITATION OF LIABILITY .................................................................23 ARTICLE 18. ADDITIONAL CONDITIONS .................................................................23 ARTICLE 19. NOTICE.....................................................................................................24 ARTICLE 20. TERMINATION OF THE NOVEMBER 20,1996 AGREEMENT ........24 SCHEDULES SCHEDULE "A" - Consultant Scope of Work SCHEDULE "B" - Consultant Compensation SCHEDULE "c" - Subcontract Hourly Compensation Rates SCHEDULE "D" - Project Schedule ii TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT Urban Resource Group, a division of Kimley-Horn and Associates, Inc., FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES THIS AGREEMENT made and entered into this ld'ftday of -M r ~ , 2000, by and between the CITY OF MIAMI BEACH, a municipal corporation existmg 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, and Urban Resource Group, a division of Kimley-Horn and Associates, Inc., a North Carolina corporation, whose address is 420 Lincoln Road, Suite 353, Miami Beach, Florida 33139 (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 Schedule "A", attached hereto, and wishes to engage the Consultant to provide architectural and/or engineering services for the project at the agreed fees as set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of architectural, engineering and related professional services relative to the project, as hereinafter set forth, including: studies, design, preparation of construction documents and construction administration services, all as hereinafter stipulated. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY The "City" or "Owner" shall mean the City of Miami Beach and is a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139. The City, as a governmental entity, is subject to the availability of funds and appropriation of funds by its legislative body and other governmental authorities or sources of revenue, in an amount to allow continuation of its performance under this Agreement. In the event of lack of funding for this Agreement or a project subject to this Agreement, this Agreement may be terminated by the City pursuant to the procedures set forth in Article 10. 1.2 CITY COMMISSION "City Commission" shall mean the governing and legislative body of the City. 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. 1.2.1 The City Commission shall be the body to consider, comment upon, or approve of any amendments or modifications to this Agreement. 1.2.2 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. 1.2.3 All 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. 1.2.4 The City Commission shall review, approve, disapprove or otherwise comment upon the Consultant's Design and Construction Documents after they are submitted to the City by the Consultant. 1.2.5 The City Commission shall hear appeals from the administrative decision of the City Manager upon the Consultant's written request, in which case the Commission's decision shall be final. 1.2.6 The City Commission shall approve or consider all change orders which exceed the sum of ten thousand dollars ($1 0,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended). 1.3 CITY MANAGER. The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized designees, including a Project Coordinator, and shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the 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. 1.3.1 The City Manager shall decide, in his/her professional discretion, matters arising pursuant to this Agreement, which are not otherwise expressly provided for in this Agreement, and he/she shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's work. 1.3.2 The City Manager shall additionally be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided, however, that he/she cannot increase the Consultant's compensation or other budgets established by this Agreement. The City Manager, in his/her 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. 2 The City Manager shall additionally be the sole representative of the City authorized to issue a Notice to Proceed as referenced in Article 2 herein. The City Manager may consider, comment upon or approve modifications in accordance with applicable laws and ordinances. 1.3.3 The City Manager may approve change orders which do not exceed the sum often thousand dollars ($10,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. 1.3.4 The City Manager may, in his/her 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/her powers, duties and responsibilities under this Agreement. 1.4 PROPOSAL DOCUMENTS "Proposal Documents" shall mean the: REQUEST FOR QUALIFICATIONS FOR ARCHITECTURALIENGINEERING SERVICES FOR THE VENETIAN CAUSEWAY AND PERIMETER ROADS MASTER PLAN RFLl NO. 40-95/96 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 and this Agreement, this Agreement shall prevail. 1.5 CONSULTANT. The "Consultant" IS herein defined as URBAN RESOURCE GROUP, a division of Kimley-Horn and Associates, Inc., a North Carolina corporation, whose address is 420 Lincoln Road, Suite 353, Miami Beach, Florida 33139. 1.5.1 All architects required by the needs of this Project shall be duly licensed and admitted to practice architecture in this State pursuant to Chapter 481, Florida Statutes, and additionally shall possess the requisite occupational licenses from the City and the County. All engineers required by the needs of this Project shall be duly licensed and certified by the State of Florida to engage in the practice of engineering in this State, and additionally shall possess the requisite occupational licenses from the City and the County. All special inspectors, if any, required by the needs of this Project shall be duly certified, licensed and registered under Chapter 471, Florida Statutes, as an engineer, or under Chapter 481, as an architect, and shall additionally possess the requisite occupational license from the City and the County. 1.5.2 The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of any subconsultants, and any other person or entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement it shall be deemed to include any subconsultants and any other person or entity acting under the direction or control of Consultant. Any subconsultants retained by Consultant pursuant to this Agreement and the Project, shall be subject to prior written approval of the City. 3 1.6 CITY'S PROJECT COORDINATOR The "City's Project Coordinator" shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project, except as otherwise provided herein. 1.7 BASIC SERVICES "Basic Services" shall include the professional services of architectural, structural, mechanical, electrical, civil engineering, land surveying services, and any specialty design services which may be required for the design, preparation of contract documents and administration of the Construction Contract for the Project described herein. 1.8 THE PROJECT That City Capital Project for the Venetian Causeway Community Enhancement, which has been approved by the City Commission, and is described in the Schedules attached hereto. 1.8.1 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, and other miscellaneous Owner costs to accomplish the project as described herein. One element of the Consultant's Scope of Work will be the preparation of a Statement of Probable Cost to be submitted to the City prior to bidding. Should construction cost proposals exceed the final Statement of Probable Cost by more than five percent (5%), the Consultant agrees to perform requested modifications to plans and specifications at no additional cost to the City to lower the cost of the Project to permit reissuance of the construction bid proposal. 1.8.2 PROJECT SCOPE The City shall establish the Scope of Services for the Project to be provided to the Consultant prior to the start of the Project, this document is attached hereto and incorporated herein as a Schedule to this Agreement. 1.9 CONSTRUCTION COST BUDGET The "Construction Cost Budget" for the Project shall mean a sum which is the total 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, and not including the compensation of the Consultant and any Sub-Consultants, acquisition of rights-of-way, the cost of land, testing and surveys. 1.9.1 The Construction Cost Budget, as established by the City, 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 and/or City Manager approval by passage of an enabling resolution and amendments to the appropriate agreements relative to the Project prior to any modification of the 4 construction costs due to force majeure. Provided further, however, that even in the event of a force majeure as defined below, the City shall have no obligation to exceed the Construction Cost Budget limitations established herein. 1.10 FORCE MAJEURE "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, flood and loss caused by fire and other similar unavoidable casualties or due to war, insurrection, riots, strikes or walkouts. 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, or other causes beyond the parties' control or by any other such causes which the Consultant and the City Commission decide in writing justify the delay. Provided, however, that market conditions, labor conditions, construction industry price trends and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. 1.11 CONTRACTOR "Contractor" or "Contractors" shall mean those persons or entities responsible for performing the construction work or providing the materials, supplies and equipment identified in the bid and contract documents for the Project. 1.12 CONTRACT DOCUMENTS "Contract Documents" shall mean this Agreement; the Agreement between City and Contractor; Conditions of the Contract (General Supplementary and other Conditions); Construction Documents; and addenda issued prior to execution of the Contract for Construction. A Modification is one of the following: (1) written amendment to the Contract for Construction signed by both parties; (2) an approved Change Order, (3) a Construction Change Directive; or (4) a written order for a minor change in the work issued by the Consultant. 1.13 CONTRACT FOR CONSTRUCTION "Contract for Construction" shall mean a legally binding agreement with contractors. 1.14 CONSTRUCTION DOCUMENTS "Construction Documents" shall mean the final plans, specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.4 and approved by the City. 1.15 CHANGE ORDER "Change order" shall mean a written order to the Contractor approved by the Owner as specified in this Agreement and signed by the Owner's duly authorized representative, authorizing a change in the project or the method and manner of performance thereof, or an adjustment in the fees or completion dates, as applicable. Change orders shall only be approved by the City Commission, if they exceed ten thousand dollars ($10,000.00), or the City Manager if they are ten thousand dollars ($10,000.00) or less in amount (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended). For change orders of less than ten thousand ($10,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such change order. 5 1.16 ADDITIONAL SERVICES "Additional Services" shall mean those services described in Article 2.9 herein, which have been duly authorized in writing by the City Manager. 1.17 WORK "Work" shall mean all of the work to be performed on the Project by the Contractor, pursuant to the applicable Contract Documents, whether completed or partially completed, and includes all labor and materials, equipment, and services provided, or to be provided, by the Contractor to fulfill its obligations. 1.18 SERVICES "Services" shall mean all of the services to be performed on the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, and includes all labor, materials, equipment and services provided, or to be provided, by Consultant to fulfill its obligations hereunder. 1.19 BASE BID "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant and approved by the Owner 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". 1.20 SCHEDULES "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A -- Scope of Services. Schedule B -- The schedule of hourly rates of compensation for the Consultant for Basic and Additional Services, as submitted by the Consultant and approved by the City. Schedule C -- The schedule of hourly rates of compensation for the Consultant's sub- consultants for Basic and Additional Services, as submitted by the Consultant and approved by the City. Schedule D -- Proposed Project Schedule. 1.21 UPSET LIMIT "Upset Limit" shall mean the maximum cumulative fee allowable under the Scope of Work for fees billed in accordance with Schedules B and C, which the Consultant shall not exceed without specific written authorization. The Upset Limit is not a guaranteed maximum cost for the Scope of Services set forth in the attached schedule. ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services for the Project as set forth herein. Additional work for this Project will only be performed by the Consultant upon receipt of a written "Amended Scope of Work" issued by the City Manager. The "Amended Scope of Work" shall contain a description of the additional services required; and contain either an agreed lump sum fee or an hourly fee, as provided in Schedules Band C, with an upset limit for the services, and an allowance for reimbursable expenses; the additional Construction Cost Budget allocation required for the additional work, and a description of the type of services to be provided. 6 2.2 The Consultant's Basic Services shall consist of the four phases described in Articles 2.3 through 2.6 and include normal professional services, and any specialty design services, as required and mutually agreed upon within the attached Schedule A. 2.3 DESIGN PHASE 2.3. I If appropriate to the project, Planning and Conceptual Design phase submittals may be made to the City for review and approval prior to beginning the project design 2.3.2 The Consultant shall review with the City, (including, if requested by the City Manager, review by a committee or committees) alternative approaches to design and construction of the Project, as outlined and agreed upon within the attached Schedule A - Scope of Services. 2.3.3 Based on a mutually accepted program and Project budget requirements, the Consultant shall prepare, for approval by the City, design documents consisting of drawings and other documents appropriate for the Project, and shall submit to the City a Statement of Probable Construction Cost as defined in Schedule A - Scope of Services. 2.3.4 The Consultant shall meet with the staff of the City's Planning Department to determine whether the project will require administrative level or Design Review Board approval. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved design documents, the Consultant shall prepare, for approval by the City, five (5) copies of the Construction Documents. In addition to a set on reproducible Mylar for bidding purposes, Consultant shall also file with the Project Coordinator at said time, the following items: (1.) five (5) copies of the Statement of Probable Construction Cost; (2.) five (5) unbound copies of the proposed advertisement for bids (the City to provide boiler plate information); and (3.) five (5) unbound copies of the bid proposal. Consultant shall also provide City with one (I) additional set of construction documents at approximately eighty percent (80%) completion, approximately thirty (30) days prior to the date for delivery of the six (6) copies of one hundred percent (100%) complete Construction Documents for review and comment by the City's Engineering, Planning, Public Works, Parking, Property Management, and Building Departments. Should additional sets be required, Consultant will be reimbursed for the actual cost of reproduction, upon approval by the City. 2.4.2 Construction Documents will be prepared, signed and sealed by design professionals. The Construction Documents shall call for a construction period as approved by the City. The entire Project will be publicly bid, with a Base Bid and such Additive Alternates and/or Deductive Alternates as may be requested by the City to reasonably insure that the award will be within the Construction Cost Budget. 7 The Construction Documents shall set forth in detail the requirements for construction of the Project, including all the contractual, code (laws, rules and regulations), and technical specifications and requirements under which the work is to be conducted. Performance of those prerequisites necessary for obtaining the necessary approvals and permits shall be the sole responsibility of the Consultant. Prior to the advertisement for bids, Consultant shall also assist the City in obtaining all necessary local, state and federal permits as may be required for construction of the Project. 2.4.3 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. "Standard of Care" includes an examination and analysis of visible site field conditions prior to initiating Project design. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Consultant, following the City's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the City in obtaining responsive lump sum construction bids with the use of Additive and/or Deductive Alternatives and assist in awarding the Contract for Construction. 2.5.2 The City's Procurement Department will tabulate all bids received, and submit a copy of the tabulation to the Consultant. Within three (3) working days thereafter, the Consultant shall submit in writing to the City's Project Coordinator, two (2) copies of its recommendation for the award or rejection of the Construction Contract. 2.6 CONSTRUCTION PHASE. CONSTRUCTION OBSERVATION AND ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the Consultant's obligation to provide Basic Services for each Project under this Agreement, will terminate when final payment to the Contractor is made, or in the absence of a final Certification for Payment or of such due date, sixty (60) days after the Date of Substantial Completion of the Work or sixty (60) days after the completion date specified in the Contract for Construction at the time of the award, whichever occurs later. The City's Project Coordinator will be the City's representative on the Project construction site, but the presence of this Coordinator shall in no way diminish any of the Consultant's duties and obligations as described in this Agreement. Any and all changes which would result in an increase of compensation to the Consultant must be approved by the City Commission, or by the City Manager, if such change is less than ten percent (10%) of the amount set forth in the Scope of Work. The City's Project Coordinator shall be considered to be on the Project site for the benefit and protection of the City. The Consultant shall have no right to rely on the Project Coordinator for assurances or advice regarding work which is the responsibility of the Consultant. The Consultant and the City's Project Coordinator will hold regular site meetings on at least a twice a month basis between the Coordinator, the Consultant, the Contractor and the various subcontractors, as appropriate. 8 2.6.2 The Consultant shall provide administration as negotiated in Schedule A - Scope of Services of the Construction Contract as set forth herein or in the General or Supplemental Conditions of the Contract for Construction, and the Consultant's assigned authority thereunder shall not be modified without the Consultant's written consent. 2.6.3 The Consultant shall advise and consult with the City, and keep it informed of the progress of the Work, including percentage completed on a monthly basis, during the construction phase. After issuance of the Notice to Proceed with the Work, all of the City's instructions to the Contractors shall be issued through the Consultant's representative, with final approval by the City. 2.6.4 The Consultant shall visit the Project site at periodic intervals appropriate to the stage of construction, or as may otherwise be requested by the City, to remain familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Construction Contract. The Consultant shall not be obligated to make continuous or exhaustive on-site inspections to check quality and quantity of the Work. On the basis of such on-site inspections, the Consultant shall keep the City informed of the progress and quality of the Work and shall endeavor to guard the City against defects and deficiencies in the work of the Contractor. Upon discovery of any defects or deficiencies the Consultant shall immediately notify the City's Project Coordinator. The Consultant shall visit the site as frequently as requested by the Project Coordinator, or at least two times per month, not to exceed an average of the negotiated hours per week as identified in Schedule A - Scope of Services. 2.6.5 The Consultant shall not have control of, or be in charge of, and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for the acts or omissions of the Contractor, the Contractor's sub-contractors or any other persons performing any of the Work, or for failure of any of them to carry out the Work in accordance with the Contract Documents. 2.6.6 The Consultant shall at all times have access to the work whenever it is In preparation or progress. 2.6.7 The Consultant shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's applications for payment and shall issue certificates for payment in such amounts, as provided in the Contract Documents, subject to the City's final approval. 2.6.8 The issuance of a Certification for Payment shall constitute a representation by the Consultant to the City, based on the Consultant's observations at the site as provided in Article 2.6.4 and on the data comprising the Contractor's application for payment that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated; that, based on the Consultant's observation of the Work, the quality of the Work is in accordance with the Contract Documents, subject to an evaluation of the work for conformance with the Contract Documents upon substantial completion; to the results of any subsequent tests required 9 by or performed under the Contract Documents; to minor deviations from the Contract Documents correctable prior to completion; and to any specific qualifications stated in the certificate for payment; and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certification for Payment shall not be a representation that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the contract sum. 2.6.9 The Consultant shall be the interpreter of the requirements of the Contract Documents. The Consultant shall render interpretations necessary for the proper execution of the progress of the Work with reasonable promptness on written decisions, within twenty (20) days on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. All actions required by Consultant under this Paragraph shall be taken expeditiously. 2.6.1 0 Interpretations and decisions of the Consultant shall be consistent with the intent of, and reasonably inferable from, the Contract Documents, and shall be in written or graphic form. 2.6.11 The Consultant shall, after discussion with the Project Coordinator, have authority to reject Work which does not conform to the Contract Documents. Subject to the City's approval, the Consultant will have authority to require special inspection or testing of the work when it is necessary or advisable (in the Consultant's opinion) for the implementation of the intent of the Contract Documents, whether or not such work be then fabricated, installed or completed. 2.6.12 The Consultant shall review and approve or take other appropriate action upon the Contractor's submittals, including, but not limited to, shop drawings, product data, samples and other submissions of the Contractor, for conformance only with the design concept of the work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Consultant's a~proval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.13 The Consultant shall prepare change orders for the City's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the contract sum or an extension of the contract time which are not inconsistent with the intent of the Contract Documents. Meeting notes documenting all minor changes shall be presented in writing to the Project Coordinator after each meeting. 2.6.14 The extent of the duties, responsibilities and limitations of authority of the Consultant as the City's representative during the Construction Phase, shall not be modified or extended without written consent of the Consultant and the City Manager. 2.6.15 The City shall furnish, in a timely manner, structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 10 2.6.16 The Consultant shall provide a set of reproducible record drawings showing the completed Project as it is finally built (i.e., "as built" drawings) from information collected by the Consultant from the contractor( s) and incorporating all design changes made during construction. The Consultant shall review contractor's site as-built drawings to help to ensure proper recording of field changes. These shall be similar in scale and scope to the Contract Document drawings but shall include all occurrences and instances where the finished building differs from the Contract Document drawings as a result of duly approved changes made during construction of the Project. Such drawings, accompanied by magnetic computer or CD-ROM disks in Microsoft Windows format, containing AutoCAD(''') format files containing the same information, are to be submitted to the Project Coordinator within 60 days of submission of the final Certification for Payment for the Project. 2.6.17 Consultant shall conduct site observations to determine the dates of Substantial and Final Completion and shall issue a certificate for final payment to the Contractor under the Contract Documents. The index and summary shall list each of the warranties, indicating their terms and conditions as indicated by the language in such warranties. 2.6.18 Any modifications to the project, subsequent to the issuance of a building permit or during construction, shall require an amendment to the permit plans, which shall require the review and approval of all pertinent City Departments. It shall be the sole responsibility of the Consultant to ensure that all modifications to the project, including, but not limited to those required by the Accessibility Compliance Officer, the Fire Department, the Mechanical Inspector, and the Building Official, or Designee are incorporated into amendments to the Permit Plans, and approved by all required City Departments and Agencies, prior to the commencement of the modifications on site. 2.7 RESPONSIBILITY FOR CLAIMS AND LIABILITIES 2.7.1 Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, its employees, sub-contractors, agents and consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect or omission in designs, working drawings, specifications or other documents prepared by the Consultant, its employees, sub-contractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely upon the accuracy and validity of decisions and information furnished by the City. 2.8 ADDITIONAL FIELD REPRESENTATION Should the City and the Consultant agree that more extensive representation at the site than is described in Article 2.6 is advisable, such additional Project representation shall be provided and paid for as an Additional Service. 2.9 ADDITIONAL SERVICES Unless specifically provided for in the Scope of Work, the services listed below are not included in Basic Services. Any Additional Servicese II must be authorized in writing by a City Commission Resolution or by the City Manager in advance of its performance, and may be paid for as a multiple of direct personnel expense, as outlined in Schedules B and C. 2.9.1 Providing services to investigate eXlstmg conditions or facilities or to make measured drawings thereof, and to verify the accuracy of drawings or other information furnished by the City in the event of an inconsistency or omission in the drawings. 2.9.2 Making revisions in or addition to drawings, specifications or other documents when such revisions or additions are inconsistent with written approvals or instructions previously given, or are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the Consultant. 2.9.3 Making investigations, surveys, valuations, inventories or detailed appraisals of existing facilities, and services required solely in connection with construction performed by the City. 2.9.4 Providing consultation concerning replacement of any work damaged by fire or other causes during construction, and furnishing services as may be required in connection with the replacement of such work. 2.9.5 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor (provided Consultant promptly notified the City of any such defects or deficiencies observed by Consultant), or by failure of performance of either the City or Contractor under the Contract for Construction. 2.9.6 Providing Basic Services after issuance to the City of the final certificate for payment, or in the absence of a final certificate for payment, more than sixty (60) days after the date of substantial completion of the Work, or sixty (60) days after the completion date set forth in the Construction Contract, whichever is later. 2.9.7 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding unless such preparation has arisen from failure of the Consultant to meet the Standard of Care set forth in Article 2.4.3. 2.9.8 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. 2.9.9 Making revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents. If changes are required to be made because of error, oversight, inadvertence, 12 clarification or discrepancy in the work of the Consultant, the City shall not be liable to compensate Consultant for Additional Services in such connection. 2.9.10 Providing consultation concerning replacement ofa new project or damage by fire or other cause during construction, and furnishing such professional services in the type set forth herein as may be required in connection with the replacement of such work. 2.9.11 Providing professional services made necessary by the default of any Contractor or any sub-contractor in the performance ofthe Construction Contract. 2.9.12 Providing contract administration services during the Construction Phase, should the Construction Contract time and working days be extended or unreasonably extended through no fault of the Consultant. 2.9.13 Providing planning, programming, program investigating and evaluation services, economic studies, feasibility studies, unless such studies are included in the Basic Services described in Section 1.6. 2.9.14 Providing certified land surveys and similar information. 2.9.15 Providing such other professional services to the City relative to the Project which arise from subsequent circumstances and causes (excluding circumstances and causes resulting from error, inadvertence or omission of the Consultant) which do not currently exist or which are not contemplated by the parties at the time of execution of this Agreement. 2.9.16 Services provided for by this subsection must be approved by the City Commission or by the City Manager before such services are rendered. 2.10 TIME It is understood that the completion of this Project is critical and the consultant will demonstrate reasonable best efforts to maintain the mutually agreed upon schedule, and in this respect the parties agree as follows: 2.10.1 The Consultant shall perform Basic and Additional 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. Prior to commencement of said Services, the Consultant shall submit a Project Schedule to the City, for its approval, detailing the timelines for completion of the Services contemplated by the Agreement. The Project Schedule, as approved by the City, shall be attached hereto and incorporated as a Schedule to this Agreement. Upon notice to the City, the Consultant may submit adjustments to the Project Schedule, made necessary by undue time taken by the City to approve the Consultant's submissions, and/or excessive time taken by the City to approve the Services or parts of the Services; otherwise, any adjustments to the Project Schedule shall require the prior written consent of the City. 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. The timelines set forth in this Schedule, as approved by the City, shall not, except as provided above, be exceeded by the Consultant. 13 2.10.2 The parties agree that the Consultant's services during all phases of this Project will be performed in a manner which shall conform with the approved Project Schedule, as same may be amended. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City has provided Consultant with the Project goals and design elements as set forth in the Proposal Documents and pursuant to Article 1.7 herein, and shall provide, consistent with the foregoing described goals, such additional requirements for the Project as may be necessary, including space requirements and relationships, flexibility and expendability, special equipment and systems, and site requirements. 3.2 The City shall establish a Construction Cost Budget for the Project, which may include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the City, including those described in this Article 3 and in subparagraph 4.1.2. The City shall, at the request of the Consultant, provide a statement of funds available for the Project, and their source. 3.3 The City Manager shall designate a representative defined as the City's Project Coordinator authorized to act on the City's behalf with respect to the Project. The City's Project Coordinator shall examine the documents submitted by the Consultant and shall transmit written decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant's Services. Notwithstanding the foregoing, the City shall, whenever possible, observe the procedure of issuing orders to its Contractor only through Consultant. 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 Contractor's applications for payment or to ascertain how or for what purposes the Contractor uses the monies paid by or on behalf of the City. 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the City to the Consultant. 3.6 The City shall furnish required information and services and render approvals and decisions in writing as expeditiously as necessary for the orderly progress of the Consultant's Services and of the Work. No approvals required by the City during the various phases of the Project shall be unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submissions of Consultant for any reasonable basis. ARTICLE 4. CONSTRUCTION COST 14 4.1 DEFINITION 4.1.1 The Construction Cost shall be the total cost or estimated cost to the City of all elements of the Project, as designed or specified by the Consultant and approved by the City, as more completely defined in Article 1.9. 4.1.2 The Construction Cost does not include the compensation of the Consultant and the Consultant's consultants, the cost of the land, rights-of-way, and surveys. 4.1.3 For work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive proposal received and accepted from a responsible bidder or proposer for any and all of such Work. 4.1.4 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 or detailed cost estimate. The City shall have the right to verify the Statement of Probable Cost or detailed cost estimate by the Consultant. 4.2 RESPONSIBILITY FOR CONSTRUCTION COST 4.2.1 If the bidding phase has not commenced within three (3) months after the Consultant submits the Construction Documents to the City, and the City approvals have been made, the total time being known as the date of approval, the Construction Cost Budget shall be adjusted to reflect any change in the general level of prices in the construction industry between the date of submission of the Construction Documents to the City and the date on which proposals are sought. 4.2.2 If the lowest bona fide base bid exceeds the Construction Cost Budget (as same may also be adjusted as provided in Article 4.2.1) by more than five percent (5%), the City Commission shall, at its sole discretion, have any of the following options: (1) give written approval of an increase in the Construction Cost Budget; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize a renegotiation of the Project within a reasonable time; (3) abandon the Project and terminate the Consultant's Services for the Project, as covered by the Agreement; (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 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. DIRECT PERSONNEL EXPENSE 15 5.1 For Additional Services rendered under this Agreement, the Consultant and its sub-consultants, if any, shall be reimbursed on the basis of the hourly rates set forth in Schedules B and C. ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable expenses are in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Consultant and the Consultant's employees and consultants in the interest of the Project, for the expenses listed in the following subparagraphs. Reimbursable expenses shall be compensated at cost, with no mark-up. All Reimbursable Expenses pursuant to this Article, must be authorized in advance by the City Manager or the City's 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". Requests for payment of reimbursable expenses shall be submitted no later than 60 days after the date the expense was incurred. Expenses subject to reimbursement in accordance with the above procedures are as follows: 6.1.1 If authorized in advance by the City Manager or the City's Project Coordinator, expense of overtime work requiring higher than regular rates not caused by Consultant, or, not included as part of Consultant's Basic Services, special consulting services, if any, or other services. 6.1.2 Expense of any additional insurance coverage or limits requested by the City in excess of the insurance requirement set forth in Article 14. 6.1.3 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communications; and fees paid for securing approvals of authorities having jurisdiction over the Project. Consultant shall comply with the City's standards for reimbursable travel expenses. Travel within Miami-Dade County shall not be reimbursable. Communications between a consultant and its sub-consultants in the normal course of business shall not be reimbursable. 6.1.4 Expense of reproduction, postage and handling of drawings, specifications and other documents, except for those expenses to be borne by the Consultant under the Basic Services, excluding reproductions for the office use of the Consultant and the Consultant's consultants. Reproduction of shop drawings and other submittals and similar communications with the contractor shall not be reimbursable. 6.1.5 Aerial photography expenses and other photographic production expenses are reimbursable. 16 6.1.6 Expense of data processing when such data processing equipment is available either directly by the Consultant or through an outside service, shall not be reimbursable but should be included in Basic Services. ARTICLE 7. PAYMENTS TO THE CONSULTANT 7.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES Payments for Basic Services shall be made monthly based upon work completed and approved by the Project Coordinator, upon presentation and receipt of Consultant's invoice or statement. When compensation is made on the basis of a lump sum, then payments shall be made in proportion to the Services performed in each phase so that the payments for Basic Services for each phase shall equal the following percentages of the Total Compensation payable: Design Phase - 35%; Construction Documents Phase - 40%; Bidding Phase - 5%; Construction Phase - 20%. 7.2 PAYMENT ON ACCOUNT OF ADDITIONAL SERVICES Payment on account of the Consultant's Additional Services, as defined in Article 2.9, and for Reimbursable Expenses, as defined in Article 6, shall be made within thirty (30) days of presentation of the Consultant's detailed statement or invoice of Services rendered or expenses incurred, which shall be rendered in duplicate to the City. 7.3 PROJECT SUSPENSION OR TERMINATION Upon written notice to Consultant, the City shall have the right to suspend or terminate the services called for in any particular portion of the Scope of Services. If the Project is suspended or terminated in whole or in part for more than three (3) months, the Consultant shall be compensated for all Services performed prior to receipt of written notice from the City of such suspension or such abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than three (3) months, the Consultant's compensation shall be equitably adjusted, including any necessary start-up costs. Prior to any payment due to suspension, the Consultant must provide the City with all documents, reports, drawings, computer reports and the like reflecting the work completed to date. 7.4 No deduction shall be made from the Consultant's compensation on account of sums withheld from payments to contractors. ARTICLE 8. CONSULT ANT'S ACCOUNTING RECORDS 8.1 Records of reimbursable expenses and expenses pertaining to all services performed pursuant to this Agreement shall be kept on the basis of generally accepted accounting principles and shall be available to the City and the City's authorized representatives at mutually convenient times and location for a period of three years after the final payment for the Project at no additional cost to the City. 8.2 By executing this Agreement, Consultant certifies that wage rates and other unit cost elements supporting the compensation shown herein are accurate, complete and current at the time of execution of this Agreement. Consultant further agrees that the contract price 17 including any amendments and additions thereto will be adjusted to exclude any sums which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates or any other cost elements. Such contract adjustments must be made within one (I) year following the end of the contract. ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 9.1 All plans or drawings will be prepared and submitted by Consultant to City for approval. Working drawings will be prepared on Plate B tracing cloth or Mylar drafting film or the equivalent, with all lettering in ink or pencil or press-type, or by AutoCAD('M) and clearly legible when the sheets are reproduced and reduced to half size. 9.2 All documents including, but not limited to, tracings, drawings, estimates, specifications, investigations and studies completed or partially completed, shall become the property of the City upon completion, termination, or abandonment of each 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. 9.3 Upon completion of the construction of the Project, Consultant shall, within sixty (60) calendar days following final inspection, deliver to the City the original contract working drawings and tracings, or Mylar or sepia prints (3 mil), correct to "as built" conditions, to the City's Project Coordinator, including all changes made during the course of the Project, as described hereinabove. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 Termination for Cause The City may terminate this Agreement for cause in the event that the Consultant (I) violates any provisions of this Agreement or performs same in bad faith ("bad faith" to be determined by the City's Project Coordinator); or (2) umeasonably delays the performance of the Services, upon notice to the Consultant, in writing, and following said notice Consultant's failure to cure the violation within fifteen (15) days following its receipt of said notice. 10.1.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant(s) or otherwise. In such event, the Consultant shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete services, and the cost of completion of such Services which would have resulted from payments to the Consultant hereunder had the Agreement not been terminated. 10.1.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination for Cause, 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. \8 10.1.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 10.1.4 In the event of a termination for cause, no payments to the Consultant shall be made (I) for Services not satisfactorily performed, as same shall be determined at the City's option and discretion; and (2) for assembly of submittal of documents, as provided above. 10.2 Termination for Convenience The City, in addition to the rights and options to Terminate for Cause, as set forth above, 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, seven (7) days prior to termination. 10.2.1 In the event the City terminates the Consultant's services for its convenience, as provided herein, the 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, and any other reasonable close out costs, such as duplicating costs, clerical and administration time, 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. 10.3 Termination bv Consultant The Consultant may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment for the Services, upon written notice to the City, thirty (30) days prior to termination. In that event, payment for Services satisfactorily performed prior to the date of termination shall be made in accordance with Article 10.4 herein. 10.3.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 10.4 Implementation of Termination In the event of termination, either for cause or for convenience, the Consultant, upon receipt of the notice of termination, shall (I) stop the performance of Services under this Agreement on the date and to the extent specified in the Notice of Termination; (2) place no further orders or subcontracts except for any that may be authorized, in writing, by the City, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the services performed, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice of Termination and as specifically set forth therein. 19 10.5 Non-Solicitation The Consultant warrants that it has not employed or retained any company or person, other than an employee working solely for the Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the Consultant for any reason whatsoever. ARTICLE 11. MISCELLANEOUS PROVISIONS 11.1 This Agreement shall be governed by the laws of the State of Florida. I 1.2 Terms in this Agreement which have not been defined in Article 1.1 shall have the same meaning as those in AlA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant date of substantial completion of the work and the issuance of the temporary certificate of occupancy, and as to any acts or failures to act occurring after the relevant date of substantial completion, not later than the date of issuance of the final Certification for Payment. 11.4 The City and the Consultant waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages covered by any property insurance during construction as set forth in the ,current edition of AlA Document A20 I, General Conditions of the Contract for Construction, current as of the date of this Agreement. The City and the Consultant each shall require appropriate similar waivers from their contractors, consultants and agents. 11.5 The Consultant shall not subcontract, assign, or transfer any of the Services under this Agreement without the prior written consent of the City. ARTICLE 12. EXTENT OF AGREEMENT 12.1 This Agreement represents the entire agreement between the City and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both City and Consultant utilizing the same formalities as were used for its adoption. ARTICLE 13. BASIS OF COMPENSATION 13.1 COMPENSATION FOR SERVICES The Consultant shall be compensated for Basic Services, Additional Services and Reimbursable Expenses on the basis set forth below: 20 13.1.1 Basic Services of the Consultant shall be compensated in accordance with percentage of work completed, in accordance with Schedule A - and a multiple of 1.10 times the hourly rate charged to the Consultant by its subconsultants, as set forth in Schedule C - Subconsultant Hourly Compensation Rates for special services beyond the Scope of Work set out in Schedule A. The fee for Basic Services may be a fixed fee, if both the City and the Consultant agree to such method and amount of compensation. 13.1.2 Any Services not included in this Agreement may only be carried out by the Consultant following written authorization by the City (prior to commencement of same). 13.1.3 The hourly rate for compensation to the Consultant by the City for Additional Services, as defined in Article 2.9 shall be as set forth in Schedule B and a multiple of 1.1 0 times the hourly rate charged to the Consultant, as set forth in Schedule C. The term "Additional Services" includes any additional work required and approved by the City, including work involving all or any sub-consultants whether previously retained for the work or not or whether participating as members with Consultant or not, subject to the City's right to previously approve any change in the consultants as set forth in this Agreement. 13.2 For Reimbursable Expenses, as defined in Article 6, the Consultant shall be paid, up to the reimbursable expense limit set forth in the Service Order, the exact amount(s) expended by the Consultant and its consultants in the interest of the Project, subject to the Consultant furnishing adequate documentation of the expense and, if required, demonstrating to the satisfaction ofthe City that the expense was in the interest of the Project. 13.3 Payments due the Consultant and tinpaid under this Agreement will be considered due thirty (30) days from receipt by the City of a detailed statement or invoice, unless the City contests an item or items set forth in the invoice. 1304 The City and the Consultant agree in accordance with the terms and conditions of this Agreement that: 1304.1 If the scope of the Project or the Consultant's Services is changed substantially and materially, the amount of compensation shall be equitably adjusted. 1304.2 If the entire Services covered by this Agreement have not been completed within thirty-six (36) months of the date hereof, through no fault of the Consultant, the amounts of compensation, rates and multiples set forth herein shall be adjusted upwards to compensate for changes in the cost of living, up to a maximum of five percent (5%) after one year on the unspent fee balance. ARTICLE 14. INSURANCE 2\ 14.1 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 coverages: (a) Architects and Engineers Professional Liability Insurance in the amount of One Million ($1,000,000.00) Dollars per occurrence on a claims made form. (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 coverages. 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. 14.2 Thirty-(30) day's prior written notice, of cancellation or of substantial modifications in the insurance coverages, must be given by the Consultant to the City's Risk Manager or the City Manager's designee. 14.2.1 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. ARTICLE 15. INDEMNIFICATION 15.1 In consideration of a separate and specific consideration of $10.00 and other good and valuable consideration the receipt of which is hereby acknowledged, the Consultant hereby agrees to indemnify and hold the City and its employees, agents and authorized representatives harmless with respect to any costs, claims, damages and liability including reasonable attorney's fees which may arise out of the performance of this Agreement as a result of any negligent acts, errors or omission of the Consultant, or the Consultant's sub-consultants, or any other person or entity under the direction or control of Consultant. The Consultant shall pay claims and losses in the name of the City, its employees, agents and authorized representatives when applicable, including appellate proceedings and shall pay all costs, judgments and attorneys' fees which may issue thereon arising out of Consultant's negligent acts, errors or omissions,. ARTICLE 16. VENUE 22 16.1 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. ARTICLE 17. LIMITATION OF LIABILITY 17.1 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 fee under the agreed upon Scope of Work. 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 set forth in the Scope of Work, less the amount of all funds actually paid by the City to Consultant pursuant to the Scope of Work. 17.2 Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for damages in an amount in excess of the amount of fee under any outstanding Scope of Work, which amount shall be reduced by the amount actually paid by the City to Consultant pursuant to the Scope of Work, 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 18. ADDITIONAL CONDITIONS 18.1 The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of the Agreement. Neither party shall assign, sell, pledge or otherwise transfer this Agreement or any portion thereof, without written authorization and consent of the other party to this Agreement. The parties agree that the Consultant's services are unique in nature and that the Consultant may only receive such authorization by way of a City Commission resolution. 18.2 The Consultant warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. In such event, the City shall have the right to terminate this agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 23 18.3 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. ARTICLE 19. NOTICE 19.1 All written notices given to City by Consultant shall be addressed to: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 with a copy to: Project Coordinator Project Management and Construction Administration Division City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 and to: City Attorney 1700 Convention Center Drive Miami Beach, Florida 33139 All written notices from the City to the Consultant shall be addressed to: Scott Mingonet, ASLA, AICP Urban Resource Group 420 Lincoln Road, Suite 353 Miami Beach, Florida 33139 All notices mailed by either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 20. TERMINATION OF THE NOVEMBER 20,1996 AGREEMENT 20.1 This Agreement is intended to supercede the Agreement between the parties, dated November 20, 1996. The November 20, 1996 Agreement is hereby terminated and shall be of no further force or effect. 24 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 CITY OF MIAMI BEACH ~p~ CITY CLERK 1>>1 MAYOR 19na re ~ r un Print Name C!JI Signature c;~// &r;/# v!;t! Name Title ~r---P (J V;~ (< ~,</ .__:::::?/C///#7?/} Print Name CORPORATE SEAL APPROVED /lS TO FORM & LANGUAGE & FOR EXECU110N ~~;,~ 25 lJ I~ c: U R BAN RES 0 U R C E G R 0 U P Venetian Phase I, March 23, 2000, Page 1 Schedule A SCOPE OF SERVICES Task 1 - Final Survey Coordination This task will consist of re-establishing aerial targets from the 1998 survey, coordinating improvements made within the area since the completion of the 1998 survey and coordinating the flying of the raster aerial imagery. The coordination activities will be limited to an initial "windshield" survey by the consultant and survey crew chief to identify significant changes in the physical environment since the completed 1998 survey. Based on limited findings, the survey will be updated to reflect the existing conditions. Task 2 -Design Development 2.1 Design Development Plans A base map of the existing conditions will be prepared, at a scale of 1" = 40' (11" x 17"), utilizing the Raster aerial imagery, being obtained within Task 1, and field survey data obtained during the data collection phase. Within this Task we will apply the typical cross sections as approved within the Master Plan to each corresponding perimeter roadway in plan view. The components of the streetscape will be shown to clearly demonstrate the character of the streetscape and will include: 2.1.1 Layout of travel lanes and curbing options 2.1.2 Layout and material selection for sidewalk 2.1.3 Preliminary size and selection of planting material 2.1.4 Layout and selection for irrigation system 2.1.5 Layout and selection of pedestrian lighting system After the base mapping is prepared, a field walk through will conducted to verify existing conditions with the City and representatives from the Homeowner's Association. Design considerations listed above will be addressed and reviewed to reaffirm community and city consensus prior to the final preparation of the design development plan set. During the design development task, we will recommend a fmal pedestrian lighting system based on City and community input. During this task, the street lighting illumination level(s) will be established based on the City's standards for this area. The Consultant will provide a layout oflighting based on the recommended illumination levels and standard City of Miami Beach pedestrian pole and luminaire. The final system will identify pole and luminaire manufacturer, lamp type and wattage and mounting height. Final determination on illumination level(s) will be critical to the overall streetscape theme, as the required spacing of light poles will drive other beautification elements. 2.2 Meetings The consultant shall attend two (2) coordination meetings to discuss other factors that may determine how the construction document set is prepared, such as phasing and location of areas to accommodate pump stations. Within these meetings, the City will coordinate with all relevant City departments and other personnel for their attendance to discuss the planned improvements. Direction will be given to the consultant prior to proceeding into construction documentation. lJ I~ ~ URBAN RESOURCE G R 0 U P Venetian Phase I. March 23, 2000, Page 2 2.3 Opinion of Probable Cost A revised Opinion of Probable Cost will be provided at the completion of this task. Task 3 - Construction Documentation 3.1 50% Constrnction Documents We will develop a 50% plan set based upon the approved plans developed during the design development process. This 50% plan set will show the geometric layout over top the Raster aerial imagery. The basis for the construction document set will be the approved updated Master Plan and design development from Task 2, Miami-Dade County Design Standards and FDOT's design standards as found in The Roadwav and Traffic Desilffi Standards dated 1994. 5 copies of the 50% plans will be submitted to the City for distribution to the appropriate departments for their review. After sufficient review time, a meeting will be scheduled with City of Miami Beach staff to review the 50% plan set. The purpose of the meeting will be to review the 50% plan set comments, discuss revisions and design decisions, solicit additional comments from City staff and Venetian Islands Homeowners Association representatives, concluding the meeting with an approved Plan. Two copies of the approved 50% plan set will be forwarded to each utility company known to operate in the vicinity of the project. Each utility company will be requested to return one set of redlined plans, identifying the horizontal and vertical location of their facilities, to the engineer. The engineer will log in each set of plans when returned by the utility companies. This information will be added to the plans. We will attend up to two meetings with City staff and the utility companies to review the project and potential impacts to the utility owners. In general, the set of 50% plans may contain the following information: 3.1.1 Cover Sheet A cover sheet utilizing the standard City of Miami Beach cover sheet will be provided. 3.1.2 Typical Roadway Sections Typical sections will be prepared, detailing the proposed work for mainline and cross street construction. It is anticipated that five typical sections will be required, one typical describing construction on the island perimeter roads, one typical for the intersecting cross-streets, and three typical sections for the roadways on Belle Island. The Consultant will retain a geotechnical- engineering firm. The geotechnical sub-consultant will obtain exiting soil percolation rates, pavement cores; evaluate the existing pavement and subgrade conditions; and prepare a report summarizing their findings as well as providing a pavement design recommendation. 3.1.3 Horizontal and Geometric Roadway Improvements Horizontal alignments and geometric improvements will be detailed on the Raster aerial plan sheets. 3.1.4 Roadway Vertical Profile Grades Proposed mainline and cross street vertical profile grades will be developed. 3.1.5 General Notes General notes defining the basis of design and construction requirements will be provided 3.1.6 Existing Utilities Utility information, as obtained during survey data collection and the information provided by the respective utility owners, will be added to the plans. lJ I~ ~ U R BAN RESOURCE G R 0 U P Venetian Phase I, March 23, 2000, Page 3 3.1.7 Drainage Improvements 3.1.7.1 We will attend up to five (5) coordination meetings with various team members and the City during the course of the design and permitting process. The meetings will consist of a project kick-off meeting, a meeting to review the conceptual stormwater design, a meeting to review the stormwater permit package prior to submittal to the Miami-Dade County - Department of Environmenta] Resources Management (DERM), a meeting with the City to review the Fina] Design Package, and one discretionary meeting to be conducted with either staff or neighborhood association members. 3.1.7.2 A hydraulic analysis will be conducted on the project area. During the analysis, the volume of stormwater runoff will be calculated from the design storm, the capacity of the existing stormwater collection system will be evaluated, and the pollutant loading from the initial runoff of stormwater will be calculated. Following the calculation of excess stormwater volume and pollutant loading, an analysis of pollutant reduction techniques will be conducted to establish a combination of methods to provide water quality treatment goals. Various methods including on-site disposal, oil-water separators, sedimentation sumps, and street maintenance activities will be evaluated to provide water quality treatment goals within the project area. Methods previously developed for the City and DERM will be used to predict stormwater pollutant loads and treatment capability . 3.].7.3 Following the hydraulic analyses, the Consultant will prepare a conceptual design for improvements to the stormwater collection and disposal systems within the project area. The conceptual design will include locations and capacities of catch basins and ]ocalized disposal systems (e.g., French drains and drainage wells), and a listing of details to include into drainage features. 3.1.8 Pump Station Improvements This sub-task includes the engineering services relative to the design of up to five pump stations and corresponding injection wells for the treatment of stormwater. The simplex pump stations will receive stormwater from the collection system, and discharge that water into a series of injection wells. The stormwater will be injected to a well depth determined by the aquifer water quality, and allowed to percolate through that aquifer for water treatment. The stormwater collection system and pump stations will be designed to inject a percentage of stormwater into the ground and bypass flows that exceed that rate will be discharged to the bay. The stormwater system will also be subject to tidal waters, and all factory materials, coatings and fie]d-applied coatings shall be listed for salt-water exposure applications. 3.1.9 Waterline Improvements The Consultant will provide construction documents for the replacement of the existing watermains with an 8-inch watermain as outlined in the Master Plan dated March] 998. 3.1.9.] The Consultant shall collect existing utility and as-built data from the City. The existing data will be reviewed and compared to the survey topographic information. Existing data will be plotted on the base sheets as needed for design purposes. 3.1.9.2 The Consultant shall design and prepare plans for the watermain replacements in the locations noted. Both horizontal and vertical design will be submitted along with the applicable details. 3.1.10 Landscape and Irrigation Improvements Landscape and irrigation layouts will be provided as outlined within the approved design development plans created in Task 2. lJ I~ ~ U R BAN RES 0 U R C E G R 0 U P Venetian Phase I, March 23. 2000, Page 4 3.1.11 Pedestrian Lighting Improvements Schematic pedestrian lighting layouts will be provided based on a recommended foot candle illumination level developed by the City of Miami Beach and the consultant team within Task 2. 3.2 90-100% Constmction Documents Upon receipt of the 50% plan comments, the Consultant will proceed with 90% construction documentation. The 90% construction document set will include the following: 3.2.1 Cover Sheet Project title, vicinity map, EngineeriLandscape Architect of record, and other appropriate information will be provided on the standard City of Miami Beach cover sheet. 3.2.2 Typical Roadway Sections Five typical sections describing the work are estimated. One typical section describing work on the island perimeter roads; one typical section describing the work on the intersecting cross- streets; and three typical section describing work on Belle Island. 3.2.3 Centerline Control Sheet This will provide ground control for contractor use in establishing centerline of construction. 3.2.4 Plan and Profile Sheets (24 "x36" format 90% submiUal- 24 "x36" format 100% submiual) Containing the geometric, horizontal and vertical alignment (Profiles for the perimeter roads only) as well as modifications to the existing drainage system. Profiles for the intersecting cross- streets will be shown on a separate profile sheet. 3.2.5 Proposed Profiles (20 cross,streets, excluding Venetian Causeway) These sheets would show the vertical profile grades for the various east/west cross-streets on each island. 3.2.6 Miscellaneous Construction Details These sheets would provide construction details, which are not included in the Florida Department of Transportation Standard Indexes, or Miami-Dade County details. 3.2.7 Miscellaneous Drainage Details These sheets would provide construction details that are not included in the Florida Department of Transportation Standard Indexes or Miami-Dade County details. 3.2.8 Pump Station Plans and Details These plan sheets will include developing technical specifications and construction plans consisting of pump station plan and section, control panel design with electrical riser diagram, wellhead detail and discharge piping plan and profile. 3.2.9 Waterline Plans and Details These plan sheets will include necessary information for construction of the waterline improvements. 3.2.10 Signing and Pavement Marking Plans Prepare detail sheets indicating typical signing and pavement marking applications to be applied within the project limits. 3.2.11 Landscape Horizontal Control Plans These sheets will be prepared at a scale of I" = 40' (24 "x36") and will detail the location of landscape materials, street furnishings, and sidewalk treatments. 3.2.12 Typical Sections and Area Enlargements Provide details and information at special features that cannot be conveyed completely on the Horizontal Control Plans. 3.2.13 Irrigation Plans and Details These sheets will be prepared at a scale of I" = 20' (24 "x36") and will identity irrigation requirements, location of irrigation lines and control equipment necessary details required for installation. lJ I~ c: URBAN RESOURCE G R 0 U P Venetian Phase I, March 23, 2000, Page 5 3.2.14 Electrical Plans and Details These sheets win be prepared at a scale of I" = 20' (24 "x36") and will identify lighting service point details, streetlight poles, lighting circuits, mounting height, and wattage as wen as the coded notes from wiring schematic 3.2.15 Hardscape and Softscape Details Details required for implementation of the design. Plan set summary of estimated sheets: Cover Sheet Typical Sections Centerline Control Sheet Plan and Profile Sheets Profile Sheets (EastfWest Cross-Streets) Miscenaneous Construction Details Miscenaneous Drainage Details Pump Station Details Waterline Plans and Details Signing and Pavement Marking Plans Landscape Horizontal Control Plans Typical Sections and Area Enlargements Irrigation Plans and Details Electrical Plans and Details HardlSoftscape Details I 2 I 28 IS 2 2 5 IS 3 28 4 17 15 6 Total Number of Sheets 144 The Consultant will provide One (1) copy of the 90% construction document plan set to the City for distribution to the appropriate departments for their review. After sufficient review time, a meeting win be scheduled with City staff to review the 90% design plans. A set of 24"x36 plans win be submitted at the 100% plan submittal. Task 4 - Specifications and Contract Documents The City of Miami Beach's standard contract documents win be utilized for this project. It is intended that the Florida Department of Transportation technical Specifications be used for this project. Supplemental Technical Specifications will be prepared by the Engineer that will address construction elements not addressed in said standard technical specifications or that are included but require modifications to make them project specific. These Supplemental specifications will be forwarded to the City for review and approval. Task 5 - Sequence of Construction A phasing approach will be included in the specifications that will outline the general sequence of construction expected for the implementation of this project phase. The contractor will be required to submit a phasing plan to the City that fonows the above noted narrative for the City to review. lJ I~ ~ U R BAN RESOURCE G R 0 U P Venetian Phase I, March 23, 2000, Page 6 Task 6 - Permitting All permit fees will be paid directly by the City and are not included in the lump sum fees. Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control, additional meetings or coordination will be considered as Additional Services. It is anticipated that permits will be required for the improvements from the following agencies: 6.1 DERM - Water Quality Class II permit Prior to beginning the fmal design and permitting process, the Consultant will conduct a pre- application meeting with the DERM. During this meeting, the conceptual design will be reviewed as well as the technical approach to pollutant reduction. Meeting minutes will be prepared and submitted to the City. The Consultant will prepare and submit an Environmental Resources Permit (ERP) application to the DERM. The package will consist of the permit application form, pre- and post-development runoff calculations, calculations of pollutant reduction, a schedule of proposed maintenance activities (with City approval), and the engineering drawings. The Consultant will conduct an application meeting at the time the application is submitted and will respond to reasonable review comments by the DERM. The permit application form will not contain a Class II section for any proposed wells. The Class II permit will ultimately be obtained by the Contractor separately prior to initiating work. 6.2 DERM - Tree Removal permit The Consultant will meet with DERM to review the project as it relates to potential tree removals. Specific permit issues identified at the review meeting will be addressed during the preparation of the plans. We will prepare the permit application associated with the tree removal and forward the applications to the City for signature. The signed permits will be returned to the Consultant for submittal to DERM. 6.3 HRS - Miami-Dade County Health and Rehabilitative Services The Consultant shall prepare and submit permit applications to the Dade County Health & Rehabilitative Services (HRS) for the replacement of a watermain. 6.4 Miami-Dade County Roadway Connection Permit Task 7 - Public Meetings and Presentations Our proposal includes attendance at 10 additional meetings above those described within the above tasks. Task 8 - Construction Phase Services The intent of these services is to provide regular, periodic input to the City regarding interpretations of the plans. The fee budget associated with this task is based upon 104-week (24-month) construction duration. If the final acceptance of the project extends to a period beyond 104 weeks, through no fault of the consultant, additional service fees shall be required. 8.1 Shop Drawing Review We will provide services to review shop drawings as submitted by the contractor for materials to be utilized for construction ofthe project. Shop drawings will be copied to the City for filing. 8.2 Progress Meetings We will provide representation at weekly construction progress meetings. The intent of our attendance is to resolve questions that may arise regarding the plans. lJ I~ c: URBAN RESOURCE G R 0 U P Venetian Phase I, March 23, 2000, Page 7 8.3 Field Representation We will provide limited field representation throughout the duration of the construction, for the purpose of providing observation of testing (such as densities for base materials, pressure testing and the certification of necessary documentation of the watermains to the permitting agency), layout and materials for paving, lighting, irrigation and review of the landscape materials for conformity with the plans and specifications. Field representation will consist of an average of 16 hours/week for a site inspector, 6 hourslweek for project managerlengineer and associated clerical time. Reports, based on our site observations of the construction work, will be provided. The Consultant shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work ofContractor(s). The Consultant's efforts will be directed toward providing the Client with a greater degree of confidence that the completed work ofContractor(s) will conform to the Contract Documents. The Consultant shall not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. The Consultant shall not have the authority or responsibility to stop the work of any contractor. During such visits and on the basis of on-site observations, the Consultant shall keep the Client informed of the progress of the work, shall endeavor to provide some protection for the owner against defects and deficiencies in such work, and may disapprove or reject work if it fails to conform to the Contract Documents. The Consultant shall perform the observations in accordance with the standard of care of the profession at the time of service. 8.4 Coordination The Consultant shall provide interpretation of plans, response to RFIs submitted by the Contractor, review of change orders prepared by Contractor, review of as-built drawings prepared by Contractor, one preliminary and one final punch list, and review of contractors request for payments. Task 9 - Utility Conversions If the City desires to place the existing overhead utility system below ground, the Consultant will coordinate with the various utility companies the relocating of the systems underground. The new underground facilities will need to be located on our construction documents to minimize conflicts with roadway, utilities, drainage and beautification improvements. Therefor, the coordination of the overhead conversions to underground will be completed within the time frame of the construction documents for Phase I. Any coordination of overhead conversions beyond that time frame will be billed hourly as additional services. We will attend up to eight (8) coordination meetings with the various utility companies and the City within the lump sum not to exceed coordination amount. ADDITIONAL SERVICES Upon your authorization, we will provide any additional services that may be required beyond those described in Task 1 through 9. These services may include but are not limited to such items as the following: . Preparation of right of way acquisition sketches or descriptions. . Significant redesigns of the drainage system to meet additional DERM requirements caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control. . Conducting subsurface geotechnical investigations. . Making traffic counts or undertaking other traffic related analysis. lJ I~ ~ URBAN R SOU R C G R 0 U P Venetian Phase I, March 23, 2000, Page 8 . Traffic signal plans. . Cross-sections. . Significant redesigns of the plans to implement deviations from the Master Plan during the 50% review process . Additional coordination for overhead utility conversions above Task 9 lJ I~ (; U R BAN RESOURCE G R 0 U P Venetian Phase I, March 23, 2000, Page 9 Schedule B COMPENSATION We will provide the scope of services as described as outlined below. Opinion of Probable Construction Cost......... .......................$12,490,100 Lump Sum Amount % of Construction Basic Services Design Development (Task 2) Construction Documents Subtotal ................................................... $50,500 ................................................ $692,700 ................................................ $743,200 0.40% 5.55% 5.95% Construction Phase Services (Based on estimated 2 year construction schedule)...... $367,200 Subtotal .............................................. $1,110,400 2.94010 8.89% Additional Services Task 1- Survey Update/Coordination....................................... $11,500 Task 7 - Meetings (above those described in the basic scope of services) 10 @ an average of $550/meeting ................................. $5,500 Task 9 - Utility Conversion Coordination OJ Required) ......... $24.000 Subtotal ................................................... $41,000 Reimbursable Expenses (estimated budgets) Expenses (including additional printing and/or plots, plat maps, express mail, and photography, if required) .................................................. $13,000 Geotechnical (at cost) .................................................. $14,500 Raster aerials (at cost) .................................................. $18.000 Subtotal ................................................... $45,500 Total .............................................. $1,196,900 lJ I~ ~ U R BAN RES 0 U R C E G R 0 U P Venetian Phase I, March 23, 2000. Page 10 Schedule C HOURI.. Y COMPENSATION RATES Principal $145 Project Manager $120 Senior Professional $130 Registered Professional $110 Professional $95 AnalystlProfessional Intern $75 Technical Support $60 Clerical Support! Administration $45 ROSENBURG DESIGN GROUP HOURI..YRATES Principal Designer Staff $120 $70 $45 lJ I~ c: URBAN RESOURCE G R 0 U P Venetian Phase I, March 23, 2000, Page 11 Schedule D SCHEDULE We will provide the services outlined in task I through 7 in accordance with the time frame outlined below: Deliverable Raster Imagery Design Development 50% Submission 90% Submission 100% Submission Schedule 6 weeks after Notice to Proceed 4 weeks after receipt of Raster Imagery 16 weeks after design development comments received 8 weeks after 50% review comments received 5 weeks after 90% review comments received