HomeMy WebLinkAboutAgreement wth RMPK Group, Inc.
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
THE RMPK GROUP. INC
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A / E)
SERVICES
FOR THE
ATLANTIC GREENWAY NETWORK MASTER PLAN AND THE DADE
BOULEVARD BIKE PATH
April 2007
Atlantic Greenway Network
April 2, 2007
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
1.1 City
1.2 City Commission
1.3 City Manager
1.4 Proposal Documents
1.5 Consultant
1.6 City Project Coordinator
1.7 Program Manager
1.8 Basic Services
1.9 The Project
1.9.1 The Project Cost
1.9.2 The Project Scope
1.10 Construction Cost
1.10.1 Construction Cost Budget
1.10.2 Statement of Probable Construction Cost
1.11 Force Majeure
1.12 Contractor
1.13 Contract Documents
1.14 Contract for Construction
1.15 Construction Documents
1.16 Contract Amendment
1.17 Additional Services
1.18 Work
1.19 Services
1.20 Base Bid
1.21 Schedules
1.22 Scope of Services
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ARTICLE 2.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
BASIC SERVICES
Planning Services
Design Services
Bidding and Award Services
Construction Phase Services
Additional Services
Responsibility for Claims and Liabilities
Time
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ARTICLE 3. THE CITY'S RESPONSIBILITIES
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ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
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ARTICLE 5. ADDITIONAL SERVICES
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ARTICLE 6. REIMBURSABLE EXPENSES
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ARTICLE 7. COMPENSATION FOR SERVICES
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ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
25
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
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ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination for lack of Funds
10.2 Termination for Cause
10.3 Termination for Convenience
10.4 Termination by Consultant
10.5 Implementation of Termination
10.6 Non-Solicitation
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ARTICLE 11. INSURANCE
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ARTICLE 12. INDEMNIFICATION
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ARTICLE 13. VENUE
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ARTICLE 14. LIMITATION OF LIABILITY
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ARTICLE 15. MISCELLANEOUS PROVISIONS
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ARTICLE 16. NOTICE
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SCHEDULES:
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCOPE OF SERVICES
CONSULTANT COMPENSATION
HOURLY BILLING RATE
PROJECT SCHEDULE
QUALITY CONTROL PLAN
WEEKLY REPORT REQUIREMENTS
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULT ANT
THE RMPK GROUP, INC
FOR PROFESSIONAL
ARCHITECTURE AND ENGINEERING (NE) SERVICES
FOR THE
ATLANTIC GREENWAY NETWORK MASTER PLAN AND THE DADE BOULEVARD
BIKE PATH
This Agreement made and entered into this ---1- day of April, 2007, by and between the
CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of
Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida, 33139, and THE RMPK GROUP, INC., a Florida corporation
having its principal office at 12008 South Shore Blvd., Suite 207 Wellington, Florida 33414
(hereinafter referred to as Consultant).
WIT N E SSE T H:
WHEREAS, the City intends to undertake a project within the City of Miami Beach,
which is more particularly described in this Agreement and the attached Schedule "A", and
wishes to engage the Consultant to provide architecture, landscape architecture, and/or
engineering services for the Project at the agreed fees as set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the. City for performance of
architectural, landscape architectural, and/or engineering and related professional services
relative to the Project, as hereinafter set forth.
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreements herein contained, agree as follows:
Atlantic Greenway Network
April 2, 2007
ARTICLE 1. DEFINITIONS
1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida, 33139.
'1.2 CITY COMMISSION: "City Commission" shall mean the governmg and
legislative body of the City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative
officer of the City. The City Manager shall be construed to include any duly authorized
designees, including the Project Manager, and shall serve as the City's representative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant.
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean REQUEST FOR
QUALIFICATIONS No. 08-03/04 FOR ENGINEERING, URBAN DESIGN, AND
LANDSCAPE ARCHITECTURE SERVICES REQUIRED FOR THE PLANNING,
DESIGN, BID AND AWARD, AND CONSTRUCTION ADMINISTRATION OF THE
SOUTH POINTE PHASES III 1 IV 1 V RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENT PROJECT issued by the City in contemplation of this Agreement,
together with all amendments thereto, if any, and the Consultant's proposal in response
thereto (Proposal), which is incorporated by reference in this Agreement and made a part
hereof; provided, however, that in the event of an express conflict between the Proposal
Documents and this Agreement, this Agreement shall prevail.
1.5 CONSULTANT: The "Consultant" is herein defined as The RMPK Group,
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Inc., a Florida corporation having its principal offices at 12008 South Shore Blvd., Suite
207 Wellington, Florida 33414. When the term "Consultant" is used in this Agreement it
shall be deemed to include any sub-consultants and any other person or entity acting
under the direction or control of Consultant. Any subconsultants retained by Consultant
pursuant to this Agreement and the Project shall be subject to prior written approval of
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the City. The following subconsultants were included in the Consultant's Proposal and
are hereby approved by the City for the Project:
The Corradino Group
1.6 PROJECT MANAGER: The "Project Manager" 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 architectural, landscape
architectural, and/or engineering and related professional services relative to the Project,
as hereinafter set forth, including: planning, design, bidding/award, and construction
administration for the Project, as described in Article 2 herein and in Schedule "A"
entitled "Scope of Services" attached hereto.
1.8 PROJECT: The "Project" shall mean the City Project that has been approved
by the City Commission and as described in Schedule "A" 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, contingencies and other miscellaneous costs.
1.8.2 PROJECT SCOPE: The "Project Scope" shall mean the description
ofthe Project contained in Schedule A attached hereto.
1.9 CONSTRUCTION COST: The "Construction Cost" for the Project shall mean the
sum which is the total cost or estimated cost to the City of all elements of the Project
designed or specified by the Consultant and approved by the City, including, at current
market rates (with a reasonable allowance for overhead and profit), the cost of labor and
materials and any equipment which has been designed, specified, selected or specifically
provided for by the Consultant and approved by the City, and including a contingency
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allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction
cost for new construction, or twenty percent (20%) of construction cost for rehabilitation
of historic buildings, and not including the compensation of the Consultant and any
subconsultants, the cost of land, rights-of-way, surveys, testing, or other reimbursable
expenses. For Work not constructed, the Construction Cost shall be the same as the
lowest and best bona fide bid or competitive bid received and accepted from a
responsible bidder or proposer for any and all of such Work.
1.9.1 CONSTRUCTION COST BUDGET: The "Construction Cost
Budget" shall mean an amount budgeted by the City for Construction Cost, as
specified in the Project Scope in Schedule "A" attached hereto.
1.9.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The
"Statement of Probable Construction Cost" shall mean a forecast of Construction
Cost prepared by the Consultant, as defined in attached Schedule "A" entitled
"Scope of Services", for the guidance of the City. For Work which bids or
proposals have not been let, the Construction Cost shall be the same as the latest
Statement of Probable Construction Cost. The City shall have the right to verify
the Statement of Probable Construction Cost or detailed cost estimate by the
Consultant.
1.10 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by
superior or irresistible force occasioned by violence in nature without the interference of
human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar
unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or
regulations, enacted after the date of this Agreement and having a substantial impact on
the Project; other causes beyond the parties' control; or by any other such causes which
the Consultant and the City decide in writing justify the delay; provided, however, that
market conditions, labor conditions, construction industry price trends and similar matters
which normally impact on the bidding process shall not be considered a Force Majeure.
1.11 CONTRACTOR / CONTRACTORS: "Contractor" or "Contractors" shall mean
those persons or entities responsible for performing the Work or providing the materials,
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supplies and equipment identified in the bid and Construction Documents for the Project.
1.12 CONTRACT DOCUMENTS:
"Contract Documents" shall mean this
Agreement; the Agreement between City and Contractor; Contract for Construction;
Conditions of the Contract for Construction (General, Supplementary, and other
Conditions); Construction Documents; and addenda issued prior to execution of the
Contract for Construction. A Modification is one of the following: (1) written
amendment to this Agreement or the Contract for Construction signed by both parties; (2)
an approved Change Order; (3) a Construction Change Directive; or (4) a written order
for a minor change in the Work issued by the Consultant.
1.13 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 2.2 and Schedule "A" attached hereto.
1.15 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written
order to the Consultant approved by the City, as specified in this Agreement, and signed
by the City's duly authorized representative, authorizing a change in the Project or the
method and manner of performance thereof, or an adjustment in the fees and/or
completion dates, as applicable. Contract Amendments shall be approved by the City
Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the City
Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other
such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contract Amendments for less than twenty-five thousand
($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of
the City Commission for the approval of any such Contract Amendment.
1.16 ADDITIONAL SERVICES: "Additional Services" shall mean those servIces
described in Article 5 herein, which have been duly authorized in writing by the City
Manager prior to commencement of same.
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1.17 ,YORK: "Work" shall mean the work to be perfonned on the Project by the
Contractor, pursuant to the applicable Documents, whether completed or partially
completed, and includes labor and materials, equipment, and services provided, or to be
provided, by the Contractor to fulfill its obligations.
1.18 SERVICES: "Services" shall mean the services to be performed on the Project by
the Consultant pursuant to this Agreement, whether completed or partially completed,
and includes other labor and materials, equipment and services provided, or to be
provided, by Consultant to fulfill its obligations herein.
1.19 BASE BID: "Base Bid" shall mean the elements contained in the Construction
Documents recommended by the Consultant and approved by the City as being within the
Construction Cost Budget pursuant to the Statement of Probable Construction Cost
provided by Consultant. "Base Bid" shall not include "Additive Alternates" or
"Deductive Alternates".
1.20 SCHEDULES: "Schedules" shall mean the vanous schedules attached to this
Agreement and referred to as follows:
Schedule A - Scope of Services.
Schedule B- Consultant Compensation: The schedule of compensation to the Consultant
for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional
Services, as submitted by the Consultant and approved by the City.
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Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates
to the Consultant as submitted by the Consultant and approved by the City.
Schedule D - Project Schedule.
Schedule E - Quality Control Plan: The Consultant's plan to ensure Project quality and
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performance, and minimize foreseeable Project risks which the Consultant does not
control, as submitted by the Consultant and approved by the City's Project Manager.
Schedule F - Weekly Report Requirements: The Consultant shall submit a weekly report
in the format provided by the City to fulfill the requirements outlined in this Schedule.
1.21 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as
describea in Schedule "A", together with the Basic Services and any Additional Services
approved by the City, as described in Articles 2 and 5, respectively herein.
ARTICLE 2. BASIC SERVICES
The Consultant shall provide Basic Services for the Project as set forth hereafter. The
Services for this Project will be performed by the Consultant upon receipt of a written
Notice to Proceed issued by the City Manager, or his designee, and Consultant shall
countersign the Notice to Proceed. A separate Notice to Proceed shall be required for
commencement of each Phase as discussed in attached Schedule "A" entitled "Scope
of Services".
The Consultant's Basic Services shall consist of five Phases (inclusive of planning,
design, bidding/award, construction administration and additional services) as described
in attached Schedule A "Scope of Services".
The Consultant shall coordinate with subconsultants and other consultants, and conform
to all applicable building codes and regulations. Consultant, as it relates to its Services,
represents and warrants to the City that it is knowledgeable of codes, rules and
regulations applicable in the jurisdictions in which the Project is located, including, local
ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Statutes,
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Administrative rules and regulations including, Federal laws, rules and regulations. The
Consultant agrees to comply with all such laws, codes, rules, and regulations now in
effect, and as may be amended or adopted at any time, and shall further take into account
aU known pending changes to the foregoing, of which it should reasonably be aware.
The Consultant shall insert the proVISIOns of all required codes into the Contract
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Documents.
The Consultant expressly agrees that all of its duties, services and responsibilities under
this Agreement shall be performed in accordance with the standard of care normally
exercised in the design of projects of this nature in South Florida. In addition, Consultant
represents that it is experienced and fully qualified to perform the Services contemplated
by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules
and regulations to perform such Services. Consultant warrants that it shall be responsible
for the technical accuracy of it Contract Documents.
2.1 PLANNING SERVICES:
Consultant shall perform Planning Services as noted in attached Schedule "A" entitled
"Scope of Services".
2.2 DESIGN SERVICES:
Based on the approved Planning documents developed under Article 2.1, Consultant shall
prepare Design Documents, as noted in attached Schedule "A" entitled "Scope of
Services".
2.3 BIDDING AND AWARD SERVICES:
Consultant shall provide bidding and award services as noted in attached Schedule "A"
entitled "Scope of Services".
2.4 CONSTRUCTION ADMINISTRATION SERVICES:
Consultant shall furnish construction administration servIces as noted m attached
Schedule "A" entitled "Scope of Services".
2.5 ADDITIONAL SERVICES:
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If required and so approved by the City, Consultant shall provide Additional Services as
noted in attached Schedule "A" entitled "Scope of Services".
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City
shall not constitute nor be deemed a release of the responsibility and liability of the
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Consultant, its employees, subcontractors, agents and consultants for the accuracy and
competency of their designs, working drawings, specifications or other documents and
services; nor shall such approval be deemed to be an assumption of such responsibility by
the City for a defect, error or omission in designs, working drawings, specifications or
other documents prepared by the Consultant, its employees, subcontractors, agents and
consultants. However, the Consultant shall be entitled to reasonably rely upon the
accuracy and validity of written decisions 'and approvals furnished by the City and its
employees.
2.7 TIME: It is understood that time is of the essence in the completion of this
Project, and in this respect the parties agree as follows:
2.7.1 The Consultant shall perform the Services as expeditiously as is
consistent with the standard of professional skill and care required by this
Agreement and the orderly progress of the Work.
2.7.2 The parties agree that the Consultant's Services during all phases of this
Project will be performed in a manner that shall conform with the approved
Project Schedule, which is attached to this Agreement as Schedule "D". The
Consultant may submit requests for an adjustment to the Project Schedule, made
necessary by undue time taken by the City to approve the Consultant's
submissions, and/or excessive time taken by the City to approve the Services or
parts of the Services. The City shall not unreasonably refuse to approve such
adjustment(s) to the Project Schedule if the request is made in a timely manner
and is fully justified.
2.7.3 In providing the Services described in this Agreement, the Consultant
shall use its best efforts to maintain, on behalf of the City, a constructive,
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professional, cooperative working relationship with the Project Manager,
Contractor(s), and others that have been contracted to perform Services and / or
Work pertaining to the Proj ect. While the Services to be provided by Consultant
under this Agreement will be provided under the general direction of the City's
Project Manager, it is the intent of this Agreement to allow the Consultant to
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coordinate the performance of all design and construction administration to the
extent such coordination by the Consultant is permitted by the contracts for the
design and construction administration.
2.7.4 It is further the intent of this Agreement that the Consultant shall perform
its duties under this Agreement in a competent, timely and professional manner
and that it shall be responsible to the City for any failure in its performance except
to the extent that acts or omissions by the City or others make such performance
impossible.
2.7.5 Whenever during the term of this Agreement, others are required to
verify, review, or consider any work performed by Consultant, including but not
limited to the design professionals, Contractors, and other consultants retained by
the City, the intent of such requirement is to enable the Consultant to receive input
from others' professional expertise to identify any discrepancies, errors or
omissions that are inconsistent with industry standards for design or construction
of comparable public projects; or which are inconsistent with applicable laws,
codes, ordinances, and regulations; or which are inconsistent with standards or
decisions provided in writing by the City's Project Manager. Consultant will use
reasonable care and skill in accordance with and consistent with customary
professional standards in responding to items identified as discrepancies, errors
and omissions by others. Consultant shall receive comments from reviewers via a
set of marked-up drawings and specifications. Consultant shall address comments
forwarded to it in a timely manner. The term "timely" shall be construed to mean
as soon as possible under the circumstances, taking into account the requirements
of the Project Schedule.
2.7.6 The. City shall have the right at any time, and in its sole and absolute
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discretion, to submit for review to consulting engineers or consulting architects or
other consultants, engaged by the City at its own expense for that purpose, any or
all parts of the services performed by the Consultant, and the Consultant shall
cooperate fully in such review at the City's request.
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2.7.7 Consultant agrees to certify and warrant all estimates of Construction
Cost prepared by Consultant. Said certifications shall be in a form approved by the
City.
2.7.8 Consultant represents t~ City that all evaluations of the City's Project
Budget, Consultant generated Statement of Probable Construction Cost, and
detailed estimates represent Consultant's best judgment as a design professional
familiar with the construction industry. Consultant cannot and does not guarantee
that bids or negotiated prices will not vary from any estimate of Construction Cost
or evaluation prepared or agreed to'by Consultant.
2.7.9 Consultant agrees that, when the Services to be provided hereunder
relate to a professional service which, under Florida Statutes, requires a license,
certification of authorization, or other form of legal entitlement to practice such
services, it shall employ and/or retain only qualified personnel to provide such
servIces.
2.7.10 Consultant agrees to employ and designate in writing, within five (5)
calendar days after receiving its initial Notice to Proceed, a qualified licensed
professional to serve as the Consultant's project manager (herein after referred to
as "Project Manager"). The Project Manager selected by Consultant shall be the
same individual designated as Project Manager in the Consultant's proposal. The
Project Manager shall be authorized and responsible to act on behalf of Consultant
with respect to directing, coordinating and administrating all aspects of Services to
be provided and performed under this Agreement. The person selected by
Consultant to serve as Project Manager shall be subject to approval and
acceptance by City. Replacement (including reassignment) of said Project
Manager shall not be made without the prior written approval of the City. In
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addition to Consultant's request for Project Manager substitution, Consultant shall
provide any necessary past performance information on the alternative Project
Manager in the format specified by the City. Consultant further agrees to obtain a
binding agreement with its Project Manager providing a minimum of six (6)
months notice before assuming a different position, said notice waivable by the
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City at its discretion.
2.7.11 Consultant agrees, within fourteen (14) calendar days of receipt of
written notice to do such from City, to promptly remove and replace Project
Manager, or any other personnel employed or retained by Consultant, or any
subconsultant or subcontractors engaged by Consultant, which request may be
made by City with or without stating its cause.
2.7.12 Consultant herein represents to City that it has expertise in the type of
professional services that will be performed and pursuant to this Agreement.
Consultant agrees that all Services to be provided by Consultant pursuant to this
Agreement shall be subject to City's review and approval and shall be in
accordance with the generally accepted standards of professional practice in the
State of Florida, as well as in accordance with applicable published laws, statutes,
ordinances, codes, rules, regulations and requirements of any governmental
agencies having jurisdiction over the Project or the Services to be performed by
Consultant hereunder. In the event of any conflicts in these requirements,
Consultant shall notify City of such conflict and utilize its best professional
judgment to advise City regarding resolution of each such conflict.
2.7.13 Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without City's prior written consent, or unless
incident to the proper performance of Consultant's obligations hereunder, or in the
course of judicial or legislative proceedings where such information has been
properly subpoenaed, any non-public information concerning Services to be
rendered by Consultant hereunder, and Consultant shall require its employees,
agents, subconsultants and subcontractors to comply with the provisions of this
paragraph.
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2.7.14 The City and Consultant acknowledge that the Scope of Services does
not delineate every detail and minor work task required to be performed by
Consultant to complete the Project. If, during the course of the performance of the
Services contemplated in this Agreement, Consultant determines that work should
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be performed to complete the Project which is, in the Consultant's opmIOn,
outside the level of effort originally anticipated, whether or not the Scope of
Services identifies the work items, Consultant shall notify the City's Project
Manager, in writing, in a timely manner, and obtain said Project Manager's
written consent, before proceeding with the work. The City's Project Manager
must comply with Contract Amendment processing requirements as outlined in
Article f16, prior to issuance of any written authorization to proceed with
Additional Services to Consultant. If Consultant proceeds with additional Services
without notifying and obtaining the consent of the City's Project Manager, said
work shall be deemed to be within the original level of effort, and deemed
included as a Basic Service herein, whether or not specifically addressed in the
Scope of Services. Notice to the City's Project Manager does not constitute
authorization or approval by the City to perform the work. Performance of work
by Consultant outside the originally anticipated level of effort without the prior
written consent of the City shall be at Consultant's sole risk.
2.7.15 Consultant shall establish and maintain files of documents, letters,
reports, plans, etc. pertinent to the Project. Consultant shall provide City with a
copy of applicable Project correspondence for City to file in its filing system. In
addition, Consultant shall provide a weekly electronic Project Report in the City
provided format and electronic Project document files to the City, at the
completion of the Project.
2.7.16 It is further the intent of this Agreement that the Consultant shall perform
its duties under this Agreement in a competent, timely and professional manner
and that it shall be responsible to the City for any failure in its performance except
to the extent that acts or omissions by the City or others make such performance
impossible.
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2.7.17 In the event Consultant is unable to timely complete the Project because
of delays resulting from untimely review by City or other governmental
authorities having jurisdiction over the Project, or such delays which are caused
by factors outside the control of Consultant, Consultant shall provide City with
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immediate written notice stating the reason for such delay and a revised
anticipated schedule of completion. City, upon review of Consultant's submittal
and such other documentation as the City may require, may grant a reasonable
extension of time for completion of the Project and may provide reasonable
compensation, if appropriate.
2.7.18 The Consultant covenants with the City to furnish its Services hereunder
properly, in accordance with the standards of its profession and in conformance
with applicable construction, building and health codes and other applicable
Federal, State and local rules, regulations and laws, of which it should reasonably
be aware, throughout the term of this Agreement. The City's participation in the
design and construction of the Project in no way relieves the Consultant of its
professional duties and responsibilities under applicable law and under the
Contract Documents
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Manager to act as the City's
representative with respect to the services to be rendered under this Agreement (referred
to herein as the City's Project Manager). The City's Project Manager shall have authority
to transmit instructions, receive information, interpret and define City policies and
decisions with respect to Consultant's Services on this Project. However, the City's
Project Manager is not authorized to issue any verbal or written orders or instructions to
Consultant that would have the effect, or be interpreted to have the effect, of modifying
or changing in any way whatsoever, unless approved by the City Manager and/or City
Commission in compliance with Article 1.16 requirements, including but not limited to
the following:
a) The Scope of Services to be provided and performed by Consultant hereunder;
b) The time the Consultant is obligated to commence and complete all such
Services; or
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c) The amount of compensation the City IS obligated or committed to pay
Consultant.
3.2 The City shall assist Consultant by placing at Consultant's disposal all information
that the City has available pertinent to the Project, including previous reports and any
other data relative to design or construction of the Project. It shall be fully understood
that City, in making such reports, site information, and documents available to the
Consultant is in no way certifying representing and/or warranting as to the accuracy or
completeness of such data, including, but not limited to, any information provided in the
City's Request for Qualifications and backup documentation thereto. Any conclusions or
assumptions drawn through examination thereof shall be the sole responsibility of the
Consultant and subject to whatever measure it deems necessary to final verification
essential to its performance under this Agreement. Additional Services required due to
inaccurate, incomplete or incorrect information supplied by the City may be undertaken
by the Consultant as an Additional Service to this Agreement. Consultant shall notify the
City's Project Manager, in writing, in a timely manner and obtain said Project Manager's
written consent, before proceeding with the work. If Consultant proceeds with the
Additional Services without notifying and obtaining the consent of the City's Project
Manager, said work shall be deemed to be within the original level of effort and deemed
included as a Basic Service herein.
3.3 The City has established a Construction Cost Budget for the Project, as stated in
Schedule A.
3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance
counseling services as may be required at any time for the Project, including such
auditing services as the City may require to verify the Consultant's applications for
payment or to ascertain that Consultant has properly remitted payment due to sub
consultants or vendors working on this Project for which Consultant has received
payment from the City.
3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project
or non-conformance with the Contract Documents, the City shall give prompt written
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notice thereof to the Consultant.
3.6 The City shall furnish required information and services and render approvals and
decisions in writing as reasonably expeditious as necessary for the orderly progress of the
Consultant's Services and of the Work. No approvals required by the City during the
various phases of the Project shall be umeasonably delayed or withheld; provided that the
City shall at all times have the right to approve or reject any proposed submissions of
Consultant for any reasonable basis.
3.7 The City Commission shall be the final authority to do or to approve the following
actions or conduct by passage of an enabling resolution or amendment to this Agreement.
3.7.1 The City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement, except when noted
otherwise (i.e., where delegated to the City Manager or his designee) in this
Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or
approve any assignment, sale, transfer or subletting of this Agreement or any
interest therein and any subcontracts made pursuant to this Agreement.
Assignment and transfer shall be defined to include sale of the majority of the
stock of a corporate Consultant.
3.7.3 All required City Commission approvals and authorizations shall be
expressed by passage of an appropriate enabling resolution and, if an amendment,
by the execution of an appropriate amendment to this Agreement.
. .
3.7.4 The City Commission shall hear appeals from the administrative
decision of the City Manager's appointed designee(s), upon the Consultant's
written request, in which case the Commission's decision shall be final.
3.7.5 The City Commission shall approve or consider all Contract
Amendments that exceed the sum of twenty five thousand dollars ($25,000.00)
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(or other such amount as may be specified by the City of Miami Beach
Procurement Ordinance, as amended).
3,8 The City Manager or his designee(s) shall serve as the City's representative to whom
administrative requests for approvals shall be made and who shall issue authorizations
(exclusive of those authorizations reserved to the City Commission) to the Consultant.
These authorizations shall include, without limitation: reviewing, approving, or otherwise
commenting upon the schedules, plans, reports, estimates, contracts and other documents
submitted to the City by the Consultant.
3.8.1 The City Manager shall decide, in his professional discretion, matters
arising pursuant to this Agreement which are not otherwise expressly provided for
in this Agreement, and shall attempt to render administrative decisions promptly
to avoid umeasonable delay in the progress of the Consultant's Services. The City
Manager, in his administrative discretion, may consult with the City Commission
concerning disputes or matters arising under this Agreement regardless of whether
such matters or disputes are enumerated herein.
3.8.2 The City Manager shall be authorized, but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the
Consultant, provided, however, that the Consultant's compensation or other
budgets established by this Agreement cannot be increased.
3.8.3 The City Manager, or his designee, shall be the sole representative of the
City authorized to issue a Notice to Proceed, as referenced in Article 2 and the
attached Schedule "A" entitled "Scope of Services".
3.8.4 The City Manager may approve Contract Amendments which do not
. ..
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such
amount as may be specified by the City of Miami Beach Purchasing Ordinance, as
amended) and which do not increase any of the budgets established herein.
3.8.5 The City Manager may, in his sole discretion, form a committee or
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Atlantic Greenway Network
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committees, or inquire of or consult with persons for the purpose of receiving
advice and recommendations relating to the exercise of his powers, duties and
responsibilities under this Agreement.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The Construction Cost Budget, as established by the City and stated in Schedule
"A", shall not be exceeded without fully justifiable, extraordinary and unforeseen
circumstances, such as Force Majeure, which is beyond the control of the parties. Any
expenditure above this amount shall be subject to prior City Commission approval by
passage of an enabling resolution and amendments to the appropriate agreements relative
to the Project, prior to any modification of the Construction Cost. Provided further,
however, that even in the event of a Force Majeure, as defined in Article 1.11, the City
shall have no obligation to approve an increase in the Construction Cost Budget
limitations established herein, and, if such budget is exceeded, the City Commission may,
at its sole option and discretion, ternlinate this Agreement without any further liability to
the City.
4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more than
five percent (5%), the City Commission shall, at its sole discretion, have any of the
following options: (1) give written approval of an increase in the Construction Cost
Budget; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize
a renegotiation of the Project within a reasonable time; (3) abandon the Project and
terminate the Consultant's Services for the Project covered by this Agreement without
further liability to the City; (4) select as many Deductive Alternatives as may be
necessary to bring the award within the Construction Cost Budget; or (5) cooperate with
the Consultant in reducing the Project scope, construction schedule, and sequence of
Work, as may be required to reduce the Construction Cost Budget. In the event the City
.. ,. 0
elects to reduce the Project Scope, the Consultant shall provide such revisions to the
Construction Documents, and provide rebidding services, as many times as reasonably
requested by the City, as a Basic Service, with no additional cost to the City, in order to
bring the bids within five percent (5%) of the ~onstruction Cost Budget.
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ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services for this Project will only be performed by the Consultant
following receipt of a written authorization by the City's Project Manager prior to
commencement of same. Such authorization shall contain a description of the Additional
Services required; an hourly fee, as provided in Schedule "c" with an "Not to Exceed"
amount on additional Reimbursable Expenses (if any); the amended Construction Cost
Budget (if applicable); and an amended completion date for the Project (if any). "Not to
Exceed" shall mean the maximum cumulative hourly fees allowable, which the,
Consultant shall not exceed without specific written authorization from the City. The
"Not to Exceed" amount is not a guaranteed maximum cost for the services requested by
the City and all costs applied to such shall be verifiable through time sheet and
reimbursable expense reviews.
5.2 The term "Additional Services" includes services involving the Consultant or any
subconsultants whether previously retained for the Services or not or whether
participating as members with Consultant or not, subject to the City's right to previously
approve any change in Consultants as set forth in this Agreement.
5.3 Additional Services may consist ofthe following:
5.3.1 Serving as an expert witness In connection with any public hearing,
arbitration proceeding or legal proceeding unless such preparation has arisen from
the failure of the Consultant to meet the Standard of Care set forth in Article 2.
5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated
at the City's request and outside the scope of the Work specified In the
Construction Documents, after commencement of the Construction Phase.
5.3.3 Providing such other professional servIces to the City relative to the
Project which arises from subsequent circumstances and causes (excluding
circumstances and causes resulting from error, inadvertence or omission of
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the Consultant) which do not currently exist or which are not
contemplated by the parties at the time of execution of this Agreement.
5.3.4 Assistance in connection with bid protests, rebidding or renegotiating
contracts for construction, materials, equipment or services, except as
otherwise expressly provided for herein.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional
Services and include actual expenditures made by the Consultant in the interest of the
Project. All Reimbursable Expenses pursuant to this Article, in excess of $500, must be
authorized in advance in writing by the City's Project Manager. Invoices or vouchers for
Reimbursable Expenses shall be submitted by the Consultant to the City, along with
supporting receipts, and other back-up material reasonably requested by the City, and
Consultant shall certify as to each such invoice that the amounts and items claimed as
reimbursable are "true and correct and in accordance with the Agreement".
6.2 Expenses subject to reimbursement in accordance with the above procedures may
include the following:
6.2.1 The cost of testing or investigation of underground utilities, if authorized
by the City Project Manager.
6.2.2 Expense of reproduction, postage and handling of drawings,
specifications and other documents, excluding reproductions for the office use of
the Consultant and sub-consultants. Courier and postage between the Consultant
and its sub-consultants are not reimbursable.
6.2.3 Fees for all necessary permits shall be paid directly by City.
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ARTICLE 7. COMPENSATION FOR SERVICES
7.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee listed
in Schedule "B" for Basic Services, based on the "Hourly Rate Schedule" presented in
Schedule "C". Payments for Basic Services shall be made within forty-five (45) calendar
days of receipt and approval of an acceptable invoice by the City's Project Manager.
Payments shall be made in proportion to the Services satisfactorily performed in each
Phase so that the payments for Basic Services for each Phase shall not exceed the
progress percentage noted in the Consultant's Progress Schedule, submitted with each
invoice. No markup shall be allowed on subcontracted Basic Services.
The City and the Consultant agree that the Consultant's fee will be $608,200, as detailed
in Schedule "B", and as approved by the City Commission on D~cember 6, 2006 for the
provision of the services described in Schedule "A", Scope of Services.
7.2 Additional Services authorized in accord with Article 5 will be compensated using
the hourly rates forth in Schedule "C". Request for payment of Additional Services shall
be included with the monthly Basic Services payment request noted in Article 7.1 above.
All Additional Services must be approved by the City's Project Manager, in writing, prior
to commencement of same, as noted in Article 5. Under no circumstances shall the "Not
to Exceed" amount noted in Schedule "B" be exceeded without prior written approval
from the City's Project Manager. No markup shall be allowed on subcontracted
Additional Services.
7.3 Reimbursable Expenses, as defined in Article 6, shall be paid up to the "Not to
Exceed" amount noted in Schedule "B". Request for payment of Reimbursable Expenses
shall be included with the monthly Basic Services payment request noted in Article 7.
Proper backup must. be submitted with all reimbursable requests. No markup or
.. . eo
administrative charges shall be allowed on Reimbursable Expenses.
7.4 The City and the Consultant agree that:
7.4.1 If the scope of the Project or the Consultant's Services IS changed
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substantially and materially, the amount of compensation may be equitably
adjusted by mutual agreement of the parties.
7.4.2 Commencing on April 2, 2006, the Hourly Billing Rate Schedule shown
in Exhibit "c" may be adjusted annually based upon the Miami - Fort Lauderdale
Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor
Statistics. Such adjustment shall be calculated by multiplying the ratio of the
April index divided by the previous year's index by the Hourly Rate Schedule to
define the new Hourly Rate Schedule. The maximum increase will be limited to
three percent (3%).
7.5 No retainage shall be made from the Consultant's compensation on account of sums
withheld from payments to Contractors.
7.6 Method of Billing and Payment. With respect to all Services, Consultant shall submit
billings on a monthly basis in a timely manner. These billings shall identify the nature of
the work performed; the total hours of work performed by employee category and the
respective hourly billing rate associated with the employee category from the Hourly
Rate Schedule. In the event subconsultant work is accomplished utilizing the lump sum
method, the percentage of completion shall be identified. Billings shall also itemize and
summarize Reimbursable Expenses by category. Where written approval of the City is
required for Reimbursable Expenses, a copy of said approval shall accompany the billing
for such Reimbursable. When requested, Consultant shall provide backup for past and
current invoices that records hours for all Services by employee category and
reimbursable by category.
7.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of
Consultant's proper statement.
. .
7.8 Final payment of the Consultant upon Project completion must be approved by the
Mayor and City Commission.
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ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
8.1 Consultant shall keep such records and accounts and require any and all Consultant
and subconsultants to keep such records and accounts as may be necessary in order to
record complete and correct entries as to personnel hours charged to the Project, and any
expenses for which Consultant expects to be reimbursed. All books and records relative
to the Project wili "be available at all reasonable times for examination and audit by City
and shall be kept for a period of three (3) years after the completion of all work to be
performed pursuant to this Agreement. Incomplete or incorrect entries in such books and
records will be grounds for City's disallowance of any fees or expenses based upon such
entries. All books and records which are considered public records shall, pursuant to
Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes.
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
9.1 Electronic files of all documents, including, but not limited to, tracings, drawings,
estimates, specifications, investigations and studies completed or partially completed,
shall become the property of the City upon completion, termination, or abandonment of
the Project. Consultant shall deliver the above documents to the City within thirty (30)
days of completion of the Project, or termination of this Agreement, or termination or
abandonment of the Project. (Reference attached Schedule "A", entitled "Scope of
Services" for additional requirements).
9.2 Any re-use of documents by City without written verification or adaptation by
Consultant for the specific purpose intended will be without liability to Consultant.
. ..
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination For Lack Of Funds. The City is a governmental entity and is
subject to the appropriation of funds by its legislative body in an amount sufficient to
allow continuation of its performance in accordance with the terms and conditions of this
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April 2, 2007
Agreement. In the event there is a lack of adequate funding for the Project, the Project
may be abandoned or terminated, and the City may cancel this Agreement as provided for
herein without further liability to the City.
10.2 Termination For Cause. The City may terminate this Agreement for cause in
the event that the Consultant (1) violates any provisions of this Agreement or performs
same in bad faith or (2) unreasonably delays the performance of the Services or does not
perform the Services in a timely and satisfactory manner, upon written notice to the
Consultant. In the case of termination by the City for cause, the Consultant shall be first
granted a thirty (30) day cure period after receipt of written notice from the City.
10.2.1 In the event this Agreement is terminated by the City for cause, the City,
at its sole option and discretion, may take over the Services and complete them by
contracting with another consultant(s) or otherwise. In such event, the Consultant
shall be liable to the City for any additional cost incurred by the City due to such
termination. "Additional Cost" is defined as the difference between the actual
cost of completion of such incomplete Services, and the cost of completion of
such Services which would have resulted from payments to the Consultant
hereunder had the Agreement not been terminated.
10.2.2 Payment only for Services satisfactorily performed by the Consultant
and accepted by the City prior to receipt of a Notice of Termination, shall be
made in accordance with Article 7 herein and the City shall have no further
liability for compensation, expenses or fees to the Consultant, except as set forth
in Article 7.
10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall
promptly assemble and submit to the City, as provided herein or as required in the
. C>
written notice, all documents, including drawings, calculations, specifications,
correspondence, and all other relevant materials affected by such termination.
10.2.4 In the event of a termi?ation for cause, no payments to the Consultant
shall be made (1) for Services not satisfactorily performed and (2) for assembly of
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submittal of documents, as provided above.
10.3 Termination For Convenience. The City, in addition to the rights and options to
Terminate for Cause, as set forth herein, or any other provisions set forth in this
Agreement, n~tains the right to terminate this Agreement, at its sole option, at any time,
for convenience, without cause and without penalty, when in its sole discretion it deems
such termination is in the best interest of the City, upon notice to Consultant, in writing,
fourteen (14) days prior to termination. In the event City terminates Consultant's
services for its convenience, as provided herein, Consultant shall be compensated for all
Services rendered up to the time of receipt of said written termination notice, and for the
assembly and submittal to the City of documents for the Services performed, in
accordance with Article 7 herein, and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 7.
10.4 Termination Bv Consultant. The Consultant may only terminate this Agreement for
cause in the event that the City willfully violates any provisions of this Agreement or
unreasonably delays payment for the Services, upon written notice to the City, thirty (30)
days prior to termination. In that event, payment for Services satisfactorily performed by
the Consultant and accepted by the City prior to receipt of a Notice of Termination shall
be made in accordance with Article 7 herein. In the case of termination by Consultant for
cause, the City shall be granted a thirty (30) day cure period after receipt of written notice
from the Consultant.
10.4.1 The Consultant shall have no right to terminate this Agreement for
convenience of the Consultant.
10.5 Implementation of Termination. In the event of termination, either for cause or
for convenience, the Consultant, upon receipt of the Notice of Termination, shall (1) stop
the performance of Services under this Agreement on the date and to the extent specified
in the Notice of Termination; (2) place no further orders or subcontracts except for any
that may be authorized, in writing, by the Project Manager, prior to their occurrence; (3)
terminate all orders and subcontracts to the exte?t that they relate to the performance of
the Services terminated by the Notice of Termination; (4) promptly assemble and submit,
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Atlantic Greenway Network
April 2, 2007
as provided herein, all documents for the Services perfOlmed, including drawings,
calculations, specifications, correspondence, and all other relevant materials affected by
the termination; and (5) complete performance of any Services as shall not have been
terminated by the Notice Of Termination, And As Specifically Set Forth Therein.
10.6 Non Solicitation. The Consultant warrants that it has not employed or retained
any company or person, other than an employee working solely for the Consultant, to
solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company
or other person any fee, commission, gift or other consideration contingent upon the
execution of this Agreement. For breach or violation of this warranty, the City has the
right to terminate this Agreement without liability to the Consultant for any reason
whatsoever.
ARTICLE 11. INSURANCE
11.1 The Consultant shall comply throughout the term of this Agreement with the
insurance requirements stipulated herein. It is agreed by the parties that the Consultant
shall not commence with work on this Project until satisfactory proof of the following
insurance coverage has been furnished to the City. The Consultant will maintain in effect
the following insurance coverage:
(a) Professional Liability Insurance in the amount of One Million ($1,000,000.00)
Dollars per occurrence, with a maximum deductible of $150,000 per occurrence,
$450,000 aggregate. Consultant shall notify City in writing within thirty (30) days
of any claims filed or made against the Professional Liability Insurance Policy.
(b) Comprehensive General Liability Insurance In the amount of
$1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for
each occurrence, which will include products, completed operations, and
contractual liability coverage. The City must be named as an additional insured
on this policy.
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(c) Worker's compensation and employer's liability coverage within the statutory
limits of the State of Florida.
11.2 The Consultant must give thirty (30) days prior written notice of cancellation or
of substantial modifications in the insurance coveFage, to the Project Manager.
11.3 The insurance must be furnished by an insurance company rated B+: VI or better,
or its equivalent, according to Bests' Guide Rating Book and must additionally be
furnished by insurance companies duly authorized to do business in the State of Florida
and countersigned by the company's Florida resident agent.
11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all
insurance policies required above. City reserves the right to require a certified copy of
such policies upon request. All certificates and endorsements required herein shall state
that the City shall be given thirty (30) days notice prior to expiration or cancellation of
the policy.
ARTICLE 12. INDEMNIFICATION
Consultant herein agrees to indemnify and hold harmless the City, and its officer and
employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Consultant and other persons employed or utilized
by the Consultant in the performance of the Agreement. This Article 12, and
Consultant's indemnification contained herein, shall survive the termination and
expiration of the Agreement.
ARTICLE 13. VENUE
. eo
13.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein. Exclusive venue for the enforcement of same shall lie in
Miami-Dade County, Florida.
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This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
ARTICLE 14. LIMITATION OF LIABILITY
14.1 The City desires to enter into this Agreement only ifin so doing the City can place a
limit on City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never
exceeds the amount of the fees for Services agreed upon under the terms of the
Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby
expresses its willingness to enter into this Agreement with Consultant's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of
the fee for Services agreed upon under the terms of the Agreement, less the amount of all
funds actually paid by the City to the Consultant
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to Consultant for money
damages due to an alleged breach by the City of this Agreement in an amount in excess
of the amount of fee under any this Agreement, which amount shall be reduced by the
amount actually paid by the City to Consultant for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed
upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in
this Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Section 768.28, Florida Statutes.
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ARTICLE 15. MISCELLANEOUS PROVISIONS
15.1 The laws of the State of Florida shall govern this Agreement.
15.2 Equal Opportunity Employment Goals: Consultant agrees that it will not
discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin, disability or sexual
orientation and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to sexual orientation, race,
color, religion, sex, age, national origin, or disability. This provision shall include, but
not be limited to, the following: employment upgrading, demotion or transfer;
recruitment advertising, layoff or compensation; and selection for training, including
apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action
Policy.
15.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act
(Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has
been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the City, may not
submit a bid on a contract with the City for the construction or repair of a public building
or public work, may not bids or leases of real property to the City, may not be awarded or
perform work as a contractor, supplier, subcontractor, or subconsultant under a contract
with the City, and may not transact business with the City in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for Category Two for a period of
36 months from the date of being placed on the convicted vendor list. Violation of this
Section by Consultant shall result in cancellation and may result in Consultants
debarment.
15.4 No Contingent Fee: Consultant warrants that it has not employed or retained any
company or person, ,other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
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Atlantic Greenway Network
April 2,2007
company, corporation, individual or firm other than a bona fide employee working solely
for Consultant any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision, City shall have the right to terminate the Agreement without
liability at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
15.5 The Consultant represents that it has made and will make reasonable
investigation of all sub consultants to be utilized in the performance of work under this
Agreement to determine that they possess the skill, knowledge and experience necessary
to enable them to perform the services required. Nothing in this Agreement shall relieve
the Consultant of its prime and sole responsibility for the performance of the work under
this Agreement.
15.6 The Consultant, its consultants, agents and employees and sub contractors, shall
comply with all applicable Federal, State and County laws, the Charter, related laws and
ordinances of the City of Miami Beach, and with all applicable rules and regulations
promulgated by local, state and national boards, bureaus and agencies as they relate to
this Project.
15.7 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered by Consultant, under any circumstances, without the prior written
consent of City.
15.8 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein;
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
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ARTICLE 16. NOTICE
16.1 All written notices given to City by Consultant shall be addressed to:
City Manager's Office
c/o Assistant City Manager Bob Middaugh
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Fred H. Beckmann
Director of Public Works
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
Richard E. Durr, Jr., ASLA, AICP
Principal
The RMPK Group, Inc.
12008 South Shore Blvd., Suite 207
Wellington, Florida 33414
, .
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
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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
-"
~~L~~ )L~~d
Robert Parcher
4k~~~M--
'~
1
Attest
Michael Gongora
Vice-Mayor
CONSULTANT
THE RMPK GROUP, me.
Print Name
tv5J~~ M~~
,
Print Name
APPROVED AS TO
FORM & LANGUAGE
a FOR ON
~n
Ir---
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Atlantic Greenway Network
SCHEDULE A
PROFESSIONAL SE,RVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE RMPK GROUP. INC
SCOPE OF SERVICES
Please refer to attached schedule.
. ..
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Atlantic Greenway Network
SCHEDULE B
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE RMPK GROUP. INC
CONSULTANT COMPENSATION
Please refer to attached schedule.
. ..
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Atlantic Greenway Network
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE RMPK GROUP. INC
HOURL Y BILLING RATE SCHEDULE
Please refer to the attached schedule.
. ~
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Atlantic Greenway Network
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SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN'
THE CITY OF MIAMI BEACH AND THE RMPK GROUP. INC
PROJECT SCHEDUI~E
Please refer to the attached schedule.
Task
Description:
Working days after
Notice to Proceed
The above durations include, in working days, the response time of the City.
. ..
XXXIX
Atlantic Greenway Network
April 2,2007
SCHEDULE E
QUALITY CONTROL PLAN
Please refer to the attached quality control plan,
Any risks not identified in this plan, except unforeseen risks which the City agrees are
unforeseen, are covered by the Consultant's technical expertise and are the responsibility
of the Consultant.
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xl
Neighborhood No. 12: South Pointe Phases 1I1/1V/V
May 18, 2005
SCHEDULE F
WEEKLY SUBMITTAL REQUIREMENTS
Please refer to weekly report requirements, the weekly quality assurance requirements, and
provided excel format.
Weeklv Report Requirements
The Consultant's selected Project Manager shall submit a weekly report during the design phase.
The template file for the weekly report shall include:
1. Administrative information.
2. Project status based on milestones.
3. Unforeseen risks.
4. Contract changes.
Administrative information includes the following:
1. Project title.
2. Project manager.
3. Procurement agent.
4. Reviewers.
Project schedule based on milestones includes:
1. Major milestones and scheduled dates (as proposed in the vendor's risk assessment plan /
value added submittal and developed during the pre-award period.)
Milestones should include any event that is affected by potential risk that is listed in the quality
control plan.
2. Actual achieved dates.
Milestones include the preliminary risk assessment meeting where the project cost, alternative
solutions based on the budget, and general project scope/cost are addressed.
Unforeseen risks and their resolution include:
1. Changes to project schedule, client expectation or cost.
2. Method to get project back on schedule.
3. Status of minimizing the problem until the problem is resolved.
4. Impact of time or costs.
Quality Assurance Report
The Consultant will submit a weekly quality assurance checklist, as developed during the pre-
award period. The quality assurance checklist is a list of risks taken from the Quality Control
Plan and prioritized by importance of potential impact (time and cost.)
CERTIFICATE OF LIABILITY INSURANCE
ACORD,., CERTIFICA TE OF LIABILITY INSURANCE I OATE (~/,IICClYYY'rl
02109/2007
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF JNFORMATION
SIERRA UNDERWRITERS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. BOX 530847 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
HENDERSON, NV 89053 , NAIC#
INSURERS AFFORDING COVERAGE
INSURED NSUR!:flA EVEREST NATIONAL INSURANCE CO
THE RMPK GROUP, INC INSURER 0 TECHNOLOGY INSURANCE COMPANY
1519 MAIN STREET INSJREI"l c:
SARASOTA, FL 34236 INSURER D
iNSURER E;
COVERAGES
, THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTAND!NG
ANY REOJIREMt:NT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWlnl RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
I MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED ~IEREIN IS SUBJECT TO ALL THE TERMS exCLUSIONS AND CONDITIONS OF SUCH
POLlCIE;S AGGREGATE LIMITS SHOlNN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DESCRIPTlON OF OPEJUlT1D~S I lOCA110NS IVEHICLe I EXCLUSlOND ADDED!lY ENDO~SEMENT I SPECIAL
"ROVlSlONS
Community Planning
Undticape Architecture
Land Planning
Urban Dosign < '
MIAMI GREENWAYS PROJECT
CERTIFICATE HOLDER
THE CITY OF MIAMI BEACH
1700 CONVENTION CENTER DR
MIAMI BEACH, FL 33139
CANCELLATION
llItou~ ANY OF THE ADOVE OE9CRlIlED POUCIES BE CANCELLED IlEFORI! THE E)lI>1RATION
DATE THEREOF. THE IS&UINO INSURER WlLL ENDEAVOR TO MAIL 30 DAYS WRJTTEJ,i
NonCE TO nil! CERTIFICATE HO~ER NAMED TO THE LEFT, BUT 'AJlURE TO DO SO SHAll.
IMPOSE NO OBU 0.&."0 N OR UADIUTY OF AI('( KINO UPON THE INSURER, 1m ACENTS Oil
REPRESI!NTATIV1:s.
AUTIiORIZ.ED AEPR.E.SENTATlVE
ACORD 25 (200'108)
SCHEDULE A
ENVIRONMENTAL RESOURCES MANAGEMENT DIVISION
ATLANTIC GREENWAY NETWORK
EXHIBIT 1: SCOPE OF SERVICES
I: PROJECT BACKGROUND:
The City of Miami Beach is planning to develop a series of bicycle/pedestrian/greenway projects to
be known as the Atlantic Greenway Network (AGN). The Atlantic Greenway Network is made up
of two main trail systems; the Beach Corridors, which extend in a general northbound/southbound
direction, running between the erosion control line and the dune system; and the Neighborhood
Trails, which extend in a general east-west as well as north-south directions through the south,
middle, and north beach neighborhoods. Individual projects will be constructed to create a
continuous trail network allowing for alternative transportation and community enhancement.
The objectives of physical improvements are to support multimodal transportation, link bicycle and
pedestrian destinations, increase pedestrian and bicycle safety, improve trail network connectivity,
eliminate barriers that prevent bicycle trips, and develop future bikeway corridors. Physical
consideration may include, but not be limited to, completing gaps in service, developing new,
conceptual bikeway corridors, as well as on-street improvements to improve Bicycle Level of
Service.
The following are tasks that will be developed to create the Atlantic Greenway Network.
PART 1: ATLANTIC GREENWAY NETWORK MASTER PLAN
A master plan document shall be created that summarizes the City's VISIOn of a system of
interconnected bike paths, greenways and pedestrian facilities within the City of Miami Beach. The
Goals of the Atlantic Greenway Master Plan includes the following:
I. Determination of the best routes for bicycle facilities within the City;
2. Determine the safest alternative to fill in gaps in the existing network;
3. Determine where and how to upgrade proposed bicycle and pedestrian facilities in the
proposed City CIP Projects, the County's plans, and State proposed projects within the
City;
4. Formulation of an action plan designed to provide steps toward implementation of the
system.
The sub-areas within the overall Master Plan include the following:
1. North Beach Neighborhood Interconnector Trails - The North Beach Neighborhood
consists of a network of on-street trails featuring roadway striping, signage, and street crossing
at protected points North Beach is a densely populated area comprised of multi-family
dwellings on the main island, and single-family dwellings to the west at Normandy Isle.
The proposed trails will meander westward from the North Beach Recreational Corridor
(NBRC) to the neighborhoods surrounding Surfside Park, Tatum Waterway, Normandy
Waterway and Normandy Shores Gold Course, as well as the commercial area of Normandy
Streetl7] sl Street. .
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City flf Miami Beach - Atlantic Greenway Network Scope of Services
Page 1 of /4
2. Middle Beach Neighborhood Interconnector Trails - The Middle Beach Neighborhood
consists of a network of on-street trails which feature roadway striping, signage, and street
crossing at protected points. Middle Beach is largely a single-family dwelling area separated
from the eastern seaboard by Indian Creek, Collins Canal, and Biscayne Waterway. The
neighborhood also includes the La Gorce Golf Club and Bayshore Golf Course.
Although few options exist for an east/west interconnection at 63rd street, 41 st street, and 23rd
street bridges (the first two bridges being heavily used by vehicular traffic), the residential
nature of this area offers viable trail opportunities in the north-south direction at the Pine
Tree/La Gorce Drives and North Bay Road corridors.
3. South Beach Neighborhood Interconnector Trails - The South Beach Neighborhood
consists of a network of on-street trails which feature roadway striping, signage, a
multipurpose path along the beach, and street crossings at protected points. South Beach is a
densely populated area comprised of multi-family dwellings. The South Beach area also
includes the Dade Boulevard Bike Path,
PART 2: DADE BOULEVARD BIKE PATH
The Dade Boulevard Bicycle/Pedestrian Path will provide a 3.5 mile east-west connector bicycle-
pedestrian non-motorized trail along Dade Boulevard from the 23rd street bridge to the Venetian
Causeway. The upcoming restoration of the northern shoreline of the Collins Canal, which parallels
Dade Boulevard from the 23rd street Bridge to Purdy A venue, will allow for the construction of the
Dade Boulevard BicyclelPedestrian Greenway Trail. This trail will also provide connectivity
between landmarks such as City Hall, Convention Center, Holocaust Memorial, and the Jackie
Gleason Theater of the Performing Arts. The Venetian Way Trail will run from Purdy Avenue to
downtown Miami on a residential causeway over Biscayne Bay and will eventually link up to
Miami's Flagler Trail to the West.
II: SCOPE OF SERVICES
1.0 ATLANTIC GREENW A YS MASTER PLAN
Part 1 - Proiect Oreanization. Base Mappine and Inventory
1.1 Kick-off Meeting - The RM,PK team shall meet with the Division to review the project goals,
program and timeline; review background information obtained to date; and obtain from staff
all additional available relevant background information. RMPK shall provide a meeting
summary to be reviewed and accepted by the Division.
1.2 Background Information and Preliminary Review of Relevant Material - The RMPK
team shall coordinate with the Transportation Division (the "Division") as well as other
agencies to compile an inventory of available relevant background information. A review will
be conducted by RMPK to identify additional information required to complete subsequent
. tasks, and .d~termine the source and projected timeline to obtain the information. Background
information may include, but not limited to:
· Base maps and surveys (hard copies and/or CAD files);
City of Miami Beach - Atlantic Greenway Network Scope of Services
Page 2 of 14
· Proposed project information for CIP projects (including completed BODR documents
where applicable), known proposed County projects and proposed State projects, including
transit studies, PD&E studies and plans;
· Existing and planned utility information;
· Records of relevant community input from past Board of County Commission Meetings,
Community Council Meetings and other public forums.
1.3 Base Maps, Inventory and Preliminary Agency Contacts - The RMPK team shall review
and compile the relevant information to create a single base map for the Master Plan. RMPK
shall then document and inventory the physical system present within the City of Miami
Beach. The items below shall be provided by the Division to RMPK for inclusion into the
project's base map in an AutoCad format (RMPK shall verify the information for
completeness):
A. Nodes:
· Schools - type, location and pedestrian access entrances
· Parks - type, size, location, amenities
· Civic centers - type, location, amenities
· Libraries - type, location
· Transit hubs - type, location
· Shopping centers - type(s)
· Employment centers - type(s)
· Future nodes and development/redevelopment- type(s)
B. Corridors:
· Arterial highways - including existing and proposed pavement widths, lane types and
lane widths
· Neighborhood streets - existing pavement widths and R.O.W. widths
· Utility corridors and easements - types, sizes and locations
· Drainage canals - R.O. W. widths, widths of canals
· Vacant properties - sizes and locations
· Waterfronts - public waterfronts
· Existing pedestrian sidewalks - sizes and locations
· Existing trail systems - types, sizes and locations
· Existing trail networks, regional trail networks - types, sizes and locations
Preliminary contacts will be made with agencies whose cooperation and assistance will be
required. Such agencies include but are not limited to:
· FDEP
· Miami-Dade County Building Department
· Miami-Dade County DERM
· Miami-Dade Public Works Department (MDPW)
· Miami-Dade MPO, Bicycle Coordinator's Office
· Florida Department of Transportation
· City of Miami Beach Planning and Zoning Department
· City of Miami Beach Public Works Department
1.4 Site Visits - RMPK shall conduct site visits to observe site conditions and document the
opportunities and constraints of each corridor. Photographs shall be taken to document each
City of Miami Beach - Atlantic Greenway Network Scope of Services
Page 3 of 14
corridor. Special attention shall be given to the 'gaps' in the proposed plans by others, and
documentation of specific constraints of those gaps shall made, including site specific
measurements and photo documentation.
1.5 Base Map Review - RMPK shall submit the assembled and annotated base map and
inventory to the Division. The Division shall review all base information for completion.
RMPK shqll also request any additional plans that are not already included and will revise
base map and inventory accordingly.
Deliverables - As a result of these tasks, RMP K shall produce '!he following:
a. One (i) set of kickoff meeting minutes
b, One (i) digital and one hard copy of the project draft Project Base Map and inventory
Summar
c. List of additional information required, if necessary
Part 2 - Analysis
1.6 Community Analysis - RMPK will consider relevant background information and site
inventory to develop an analysis of the project area and establish a list of opportunities and
constraints. The analysis shall also include conclusions and recommendations regarding the
following:
A. Opportunities
· Properties in governmental ownership
· Continuity of available lands
· Access to important nodes
· Access to high visual quality
· Low controversy zones
· Partnership organizations
· High origin / destination demand routes
B. Constraints
· Continuity blocks, such as gaps in the existing or proposed network due to
physical constraints or other impediments
· High controversy zones
· Utility corridor use regulations
· Safety issues
· Construction Costs
1.7 Stakeholder Interviews and Coordination Meetings - RMPK shall conduct interviews with
the following stakeholders to review the base information and opportunities and constraints of
the system. RMPK will require assistance from the Division to schedule these meetings over
the span of one or two days. These stakeholders may include:
· Miami-Dade MPO, Bicycle Coordinator's Office
· Miami~Dade Public Works Departmen~ . e
· Florida Department of Transportation
· City of Miami Beach Planning and Zoning Department
· City of Miami Beach Public Works Department
· City of Miami Beach Parks Department
City of Miami Beach - Atlantic Greenway Network Scope of Services
Page 4 of 14
· Capital Improvement Projects Department
· Bikeways Committee
Deliverables -As a result of these tasks, RJ.\1PK shall produce the following:
a, One (1) digital and one hard copy of the Community Analysis graphics and
memorandum
b, One (1) copy of a compilation of stakeholder interview/meeting minutes from each
meeting
Part 3 - Concept Plan
1.8 Concept Plan - Based on the findings of the preceding task, RMPK will prepare preliminary
sketches, illustrations or diagrams that convey a sense of the proposed project design and
master plan within the context of its surrounding environment. Alternatives will be included
where feasible. Elements of the preliminary concept plan design will include, but may not be
limited to the following:
A. Travel Corridors
1. Hierarchy and types of corridors
2. Sub-trail connectors
3. Nodes
4. Modes
B. Recreational Corridors
1. Corridor theme(s)
2. Sub-trail connectors
3. Nodes
4. Modes
The concept plan shall also be include the elements of CIP projects, other City Projects,
County Projects and State Projects that pertain to the Greenways Network.
1.9 Analysis Review and Concept Plan Review - RMPK shall submit the Draft Concept Plan to
the Division for review. A review meeting will be held to review all comments from the
Division. The Division shall prepare written comments and submit to RMPK for review.
1.10 Revisions to Draft Concept Plan - RMPK shall revise the Draft Concept Plan based on
Division comments.
1.11 Public Master Planning Workshops - RMPK shall facilitate one (1) public workshop to
display the Concept Plan and solicit public input regarding the project's overall vision. The
Division shall schedule and secure the meeting location, as well as advertise the event. RMPK
shall provide display boards, a PowerPoint overview of the project, collect public comments
via meeting minutes and distribute those to the Division. In addition, the Division shall
distribute invitations to special user groups and stakeholders for attendance, These include:
· Neighborhood Associations
· Business Associations
City of Miami Beach - Atlantic Greenway Network Scope of Services
Page 5 of 14
The Division shall direct RMPK to make any changes and incorporate in to the Concept Plan.
These changes will be added to the Division Review Comments and revisions shall be made
during the subsequent phase of work,
Deliverables - As a result of these tasks, RMPK shall produce the following:
a. One (1) digital and one hard copy of the Draft Master Plan graphics, including
sketches and illustrations where applicable
b. One (1) copy of a compilation of public workshop meeting minutes from each meeting
c, One (1) digital copy of the PowerPoint presentation
Part 4 - Final Master Plan Document
1.12 Final Concept Plan - RMPK shall revise the Dra'ft Concept Plan Map and incorporate
comments from Division and from the public workshops.
1.13 Implementation Plan - RMPK shall develop cost estimates, compare to allocated funds and
provide implementation recommendations, including potential partnerships, incorporation and
modification of existing CIP department projects, grant opportunities and other funding
opportunities. Implementation recommendations may include the following:
· ROWand property acquisition prioritization
· Roadway Improvements
· Partnership Agreements
· Permitting Issues and Options
· Future Design of Individual Projects
· Management and Maintenance of the System
· Annual Cost / Revenue Budget Analysis
· Project implementation schedule
· Roadway Improvements
1.14 Review of Draft Master Plan - The Division shall review the Final Master Plan document
which includes the components listed above.
1.15 Final Master Plan Document and Presentations - RMPK shall revise the Master Plan
document based on client comments and prepare a PowerPoint presentation for City approval.
RMPK shall present the Master Plan to the City Commission for approval.
Deliverables - As a result of these tasks, RMP K shall produce the following:
a. One (1) digital and one hard copy of the Final Master Plan Document, including the
Master Plan graphic, the design standards, the grant andfunding memorandum, and
the implementation - including sketches and illustrations where applicable
b. One (1) digital copy of the final PowerPoint Presentation
c. One Final revised copy of the Master Plan Document . ..
City of Miami Beach - Atlantic Greenway Network Scope of Services
Page 60114
2.0 DADE BOULEVARD BIKE PATH DESIGN
Part 1 - Concept Plan
2.1 Base Maps / Background Information - Background information and preliminary review of
relevant material - The RMPK team shall coordinate with the Division as well as other
agencies to compile an inventory of available relevant background information. A review will
be conducted by RMPK to identify additional information required to complete subsequent
tasks. New topographic surveys and geotechnical reports are included. Background
information may include, but not limited to:
· Base maps and surveys (hard copies and/or CAD files)
· Collins Canal and North Seawall Rehabilitation Plans (CAD files)
· Geotechnical reports
· Information from Miami-Dade County or other agencies pertaining to the Dade Boulevard
Right-of-Way including as-builts for existing asphalt pathway and ownership information
· Existing and planned utility information
· Records of relevant community input from past Board of County Commission Meetings,
Community Council Meetings and other public forums.
· Status reports and permitting reviews of the Collins Canal Seawall Project
2.2 Kick-off Meeting - The RMPK team shall meet with the Division to review the project goals,
project timeline; review background information obtained to date; and obtain from staff all
additional available relevant background information. RMPK shall provide a meeting
summary to be reviewed and accepted by the Division.
2.3 InventorylPreliminary Agency Contacts - The RMPK team shall conduct an inventory of
the site to determine existing conditions of the project area, adjacent land use and confirm the
accuracy of information and data collected, The City shall provide RMPK with all existing
information already collected for the project.
Preliminary contacts will be made with agencies whose cooperation and assistance will be
required to complete future tasks. Such agencies include but are not limited to:
· FDEP
· Miami-Dade County Building Department
· Miami-Dade County DERM
· Miami-Dade Public Works Department (MDPW)
· Miami-Dade MPO, Bicycle Coordinator's Office
· Florida Department of Transportation
· City of Miami Beach Planning and Zoning Department
· City of Miami Beach Public Works Department
2.4 Site AnalysislProgram Verification - RMPK will consider relevant background information
and site inventory to develop an analysis of the project area and establish a list of
opportunities and constraints. RMPK shall visit the site and document the corridor through
digital photography. Based on these findings, the feasibility of indivi'dual elements of the
project will be confirmed. Traffic counts will be conducted at three intersections. The
Division shall provide traffic counts already collected within the project area.
City of Miami Beach - Atlantic Greenway Network Scope of Services
Page 7 of 14
The RMPK will prepare a brief summary memorandum outlining the project program and
probable quantity of each program element to present to the Division. The memorandum will
also include as background information, the findings of the inventory of existing conditions
and an analysis of the project area. Upon approval, this memorandum will be the basis for
subsequent tasks.
2.5 Concept Plan / Schematic Design - Based on the findings of the preceding task, RMPK will
prepare preliminary sketches, illustrations or diagrams that convey a sense of the proposed
project design and master plan within the context of its surrounding environment. Alternatives
should be included where feasible. Elements of the preliminary design will include, but may
not be limited to the following:
· Overall Master Plan for the minimum 12 foot wide off road multi-purpose paved non-
motorized trail with in-road bicycle lanes with transition from one facility type to the
other; landscape enhancements; supplemental facilities
· Sectional drawings and/or elevations of project features
· Style of site furnishings and design standards (AASHTO, FDOT, etc)
· Site details at trailhead locations
· Proposed type and use of plant material (specific species not required)
· Typical access control devices and safety measures to be incorporated into design,
including pavement markings and textures, railing and lighting
· Traffic Signs, Pavement Marking and Traffic Signals (New or Modified) Conceptual
Plans for MDPWD and FDOT conceptual approval
RMPK will meet with appropriate Division staff to review schematic designs and obtain
Division approval.
2.6 Construction Cost Estimate- Based on the schematic design RMPK shall develop an
estimated opinion of probable cost.
2.7 Public Workshop - RMPK shall facilitate a public workshop to display the Schematic
Design and solicit public input. The Division shall schedule and secure the meeting location,
as well as advertise the event. RMPK shall provide display boards, a brief PowerPoint
overview of the project, collect public comments via meeting minutes and distribute those to
the Division. The Division shall direct RMPK any changes to incorporate in to the Schematic
Design. These changes will be added to the Division Review Comments and revisions shall
be made during the Design Development phase of work. Note: This public workshop shall be
held concurrently with the public workshop identified in 1.11.
Deliverahles - As a result of these tasks. RMP K shall produce the following:
a, One (1) set ofkickoffmeeting minutes
b, One (1) set of pre-application permitting meeting minutes with relevant agencies
c, One (1) summary memorandum regarding program verification
d. One (1) copy of traffic counts memorandum
e, One (1) set of the conceptual design overall plan view rendered
f One (1) set oftllustrative cross sections
g. One (1) set of anticipated amenities
h. One (1) copy of the order of magnitude estimate of probable cost
City of Miami Beach - Atlantic Greenway Network Scope of Services
Page 8 of 14
Part 2 - Desil!n Develooment
2.8 Preliminary Design Development Plans - Based on the approved program and schematic
designs for the Dade Boulevard Bike Path, RMPK will prepare preliminary set of plans (30%
construction documents) and present plans to Division for review. RMPK shall consider the
following and explore alternatives as necessary.
· Alternative surface materials that equal or exceed ADA standards
· Durability and safety of proposed construction and product material
· Feasibility of permitting
· Site conditions and constraints
· Identified users (as previously defined in the master plan phase)
· American Association of State Highways and Transportation Officials (AASHTO) and
Manual of Uniform Traffic Control Devices for Streets and Highways 2003 Ed. Or
later (MUTCD) traffic engineering and safety guidelines for non-motorized trails
· Florida Department of Transportation standards
· MDPWD standards
· An Opinion of Probable Cost
2.9 Conceptual approval from regulatory agencies - After Division approval of preliminary
plans RMPK shall coordinate and arrange initial meetings with regulatory agencies with
jurisdiction over project area. It is the responsibility of the RMPK team to determine such
agencies. The objective of the meetings is to confirm permitting requirements, application and
mitigation fees and receive conceptual approval of project. A list and summary of meetings
shall be submitted to the Division. Regulatory agencies may include, but be not limited to the
following:
.
Florida Department of Environmental Protection
City of Miami Beach ADA Coordinator
City of Miami Beach Building Department
Miami-Dade County Department of Environmental Resources (applicable sections)
Miami-Dade Metropolitan Planning Organization
City of Miami Beach Planning and Zoning Department
South Florida Water Management District
United States Army Corp of Engineers
.
.
.
.
.
.
.
2.10 Meetings - RMPK will attend two (2) meetings with the Client to review the progress of the
design development documents. Minor revisions will be incorporated into the documents
based on review comments. Major revisions shall be considered Additional Services.
Deliverables -As a result of these tasks, RMPK shall produce the following:
a. Preliminary Layout sheets
b. Preliminary Demolition Plans
c. Preliminary Grading and Drainage sheets
d. Preliminary Signing and Marking sheets
e, Preliminary Traffic Signal Modifications Plans ifnecessary
f Preliminary Details sheets
g Preliminary Planting Plan sheets
h. Outline specifications
i. Any applicable testing and calculations
j. Summary memorandum of Regulatory review and approval comments
City of Miami Beach - Atlantic Greenway Network Scope of Services
Page 9 of 14
k. Revised Opinion of Probable Cost
Part 3 - Construction Documents
2.11 Submit 60% construction documents. - Based on the findings and approvals of previous
tasks, RMPK shall prepare and submit 3 sets of the 60% construction documents to Division
for approval. The following shall be incorporated into this submittal:
· Scope of work including Project boundary
· Layout plans for paving
· Layout plans for site furnishings and amenities
· Paving details, furnishings details, planter details, trellis details, signage details, and
related site improvements.
· Grading and Drainage Plans
· Grading and Drainage Details
· Pavement Signing and Marking Plans for MDPWD and FDOT approval
· Pavement Signing and Marking Details
· Traffic Signal (New or Modified) Design Plans for MDPWD and FDOT approval
· Planting Plans
· Planting Details
· Irrigation Plans
· Irrigation Details
· Electrical/Lighting Plans and Photometries and applicable utility connection points
· Electrical/Lighting Details
Specifically, RMPK shall prepare plans for the elements identified above, as well as:
· Construction details, including details, elevation, and sections provided as necessary to
communicate the design intent and construction materials;
· Technical specifications that define materials and methods appropriate for
construction. RMPK shall supplement the City's front-end specifications and modify
them for this scope of work
2.12 Division Review - Review 60% documents with Division staff.
2.13 Public Workshop - RMPK shall facilitate a public workshop to display the 60% Design
drawings and solicit public input. The Client shall schedule and secure the meeting location,
as well as advertise the event. RMPK shall provide display boards, a brief PowerPoint
overview of the project, collect public comments via meeting minutes and distribute those to
the Client. The Client shall direct RMPK any changes to incorporate in to the Schematic
Design. These changes will be added to the Client Review Comments and revisions shall be
made during the Construction Documents phase of work.
2.14 Prepare and Submit 90% and 100% construction documents - Based on comments from
the Division and other reviewing agencies, RMPK shall prepare and submit 3 sets of the 90%
construction documents to Division for approval. Documents shall include technical
specifications in digital format and any applicable engineering calculations. The City shall
provide the front-end specs to the RMPK for inclusion into the technical specs.
City of Miami Beach - Atlantic Greenway Network Scope of Services
Page 10 of 14
2.15 Construction Cost Estimates - An update to the opinion of probable cost shall be prepared at
the 60% CDs phase, and the 90% CDs phase and compared to allocated funds.
Recommendations shall be provided to Division if probable construction cost exceeds
construction budget.
2.16 Meetings - RMPK will attend two (2) meetings with the Client to review the progress of the
construction documents. Minor revision;; will be incorporated into the documents based on
review comments. Major revisions shall be considered Additional Services.
2.17 Revisions to 90% Documents - RMPK shall incorporate Division comments and ..ADA
Coordination office comments into the documents and shall complete the construction
documents (100% Construction Documents).
Deliverables - As a result of these tasks, RMP K shall produce the following:
a. Demolition Plans
b, Layout plans for paving
c. Layout plans for site furnishings and amenities
d. Paving details, furnishings details, signage details, and related site improvements.
e. Grading and Drainage Plans
f Grading and Drainage Details
g. Pavement Signing and Marking Plan
h. Pavement Signing and Marking Details
i. Signal modification Plans
j. Planting Plans
k. Planting Details
l. Irrigation Plans
m, Irrigation Details
n. Electrical/Lighting Plans
0, Electrical/Lighting Details
p, Technical Specifications
q, Opinion of Probable Cost
r. Public Workshop meeting minutes
Part 4 - Permittinl!
2.18 Submittal of Permitting Documents - Provide signed and sealed drawings as required by
dry run, as well as 3 copies to the Division
2.19 Submittal of Permitting Documents - RMPK shall exercise usual and customary
. professional care in his or her efforts to comply with all codes, regulations, and laws in effect
as of the date of submission to regulatory authorities. All required State, County, Municipal,
and Federal permits will be obtained for the project. The City of Miami Beach will pay for all
permit fees.
2.20 Permitting Status Reports - RMPK shall report periodically to the Division the status of the
permits, informing what is holding the project approval and what can Q~ done to exgedite the
final approval
2.21 Drawing Revisions - Incorporate agencles comments on documents necessary to obtain
permits and approvals.
City of Miami Beach -Atlantic Greenway Network Scope of Services
Page /1 of 14
Deliverables - As a result of these tasks, RMP K shall produce the following:
a, Signed and Sealed drawings for permitting
b. Copies of permits and approvals
c, Report to Division status of permitting and final approvabJ
Part 5 - Biddine and Award of Contract
2.22 Pre-Bid Meeting - RMPK shall attend the pre-bid meeting.
2.23 RFls / Clarifications - RMPK shall submit appropriate response in writing to questions from
bidders regarding clarification of plans and specifications
2.24 Addenda - If required, RMPK will issue addenda to the contract documents.
2.25 Bid Evaluation and Award Recommendation - RMPK shall assist the Division staff to
evaluate bids, check contractor references and recommend the lowest responsive bidder to the
Division for award of contract.
Deliverables - As a result of these tasks, RMP K shall produce the following:
a, Copies of RFIs
b. Copies of addenda if necessary
Part 6 - Construction Contract and Closeout
2.26 Pre-Construction Meeting - RMPK shall attend pre-construction meeting and distribute
meeting minutes to the attending parties.
2.27 Permit Confirmation - RMPK shall confirm that contractor has obtained necessary building
permits. RMPK shall inform the Division of this outcome and recommend a course of action,
ifany.
2.28 Construction Activities Services - RMPK shall visit the site at an average of two (2) times
per week during the course of construction at appropriate stages of completion to perform the
following construction administration duties:
· Produce periodic site inspections/meetings and issue reports, keep log of meetings
· Review and approve shop drawings and cut sheets submittals, keep file of shop
drawings and cut sheet submittals
· Provide construction support assistance
· Coordinate substantial completion inspection . ..
· Produce substantial completion inspection
· Produce substantial completion punch list report
City of Miami Beach -Atlantic Greenway Network Scope of Services
Page 12 of 14
2.29 Project Closeout - Closeout and I year Warranty inspection to include but may not be
limited to the following:
· Inspect project site and produce report of defects
· Assist Division to correct defective work and products that may be discovered during
I-year inspection
Deliverables - As a result of these tasks, RMP K shall produce the following:
a, Copies of RFls
b, Copies of site observation reports and log of meetings
c. Copies of shop drawings and cut sheets
d. Copies of change order requests
e, Copies of change proposal requests
f Copies of field order logs
g. Copies of punch list reports
h. Copies afstatements of inspection
III: PROJECT SCHEDULE:
Refer to 'Schedule "0" - Project Schedule' attached.
IV: PROJECT FEE SCHEDULE
Atlantic Greenway Network Master Plan - RMPK shall bill the Client monthly on a percent
complete of each task a fixed fee for the services listed below:
Part I - Project Organization, Base Map and Inventory
Part 2 - Analysis
Part 3 - Concept Plan
Part 4 - Final Master Plan
SubTotal
$57,900
$37,700
$62,000
$20,500
$178,100
Dade Boulevard Bike Path Design - RMPK shall bill the Client a monthly on a percent complete
of each task fixed fee for the services listed below:
Part I - Concept Plan
Part 2 - Design Development
Part 3 - Construction Documents
Part 4 - Permitting
SubTotal (Parts 1-4)
$75,100
$67,000
$196,900
$31,300
$370,600
Part 5 - Bidding and Award (on an hourly basis)
Part 6- Construction-reiated Servic~s" (on an hourly basis)
SubTotal (Parts 5-6)
$7,900
$52,600
$59,500
City of Miami Beach - Atlantic Greenway. Network Scope of Services
Page 13 of 14
Direct expenses - such as printing costs, mileage, etc are included in the fees above.
Additional Services shall be billed using the attached Hourly Rate Schedule (Schedule "e") or as a
negotiated fixed fee, as authorized by the Client.
. ..
City of Miami Beach ~ At/antic Greenway Network Scope of Services
Page /4 of /4
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Schedule "c"
Hourly Rate Schedule
Effective February 1, 2006
Principal
Project Manager
Planner
Landscape Architect
CAD Tech
Graphic Artist
Administrative Services
$225
$150
$95
$95
$65
$65
$65
. ..
SCHEDULE D
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SCHEDULE E
. .
CLIENT ACTION ITEMS
Responsibility - City Designated Project Manager
Reference Due Dates on the Master Project Schedule
Part 1 - Project Ore:anization, Base Mappine: and Inventorv
1.1 Kick-off Meeting - 3/6/07 - Mariate Echeverry shall prepare written comments and submit to
RMPK.
1.2 Background Information and Preliminary Review of Relevant Material _ 3/6/07 _
provide the following material (includes but is not limited to):
· Base maps and surveys (CAD files);
· Proposed project information for crp projects (including completed BOOR documents
where applicable), known proposed County projects and proposed State projects, including
transit studies, PD&E studies and plans;
· Existing and planned utility information;
· Records of relevant community input from past Board of County Commission Meetings,
Community Council Meetings and other public forums.
1.3 Base Maps, Inventory and Preliminary Agency Contacts _ n/a
1.4 Site Visits - n/a
1.5 Base Map Review - 4/12/07 - Mariate Echeverry shall prepare written comments and submit
to RMPK. Mariate Echeverry shall provide all other information requested by RMPK for
completion of the Base Maps.
Part 2 - Analvsis
1.6 Community Analysis - 5/7/07 - Mariate Echeverry shall prepare written comments and
submit to RMPK
1.7 Stakeholder Interviews and Coordination Meetings - 4/16/07 - Mariate Echeverry shall
contact pertinent departments to schedule two days of meetings at the City provided
conference room.
Part 3 - Concept Plan
1.8 Concept Plan - n/a:
1,9 Analysis Review and Concept Plan Review - 6/6/07 - Mariate Echev~rry shall prepare
written comments and submit to RMPK for review.
1.10 Revisions to Draft Concept Plan - n/a
1.11 Public Master Planning Workshops - 6/13/07e- Mariate Echeverry shall schedule and
secure the meeting locations, as well as advertise the event. In addition, Mariate Echeverry
shall distribute invitations to special user groups and stakeholders for attendance. These
include:
City of Miami Beach - Atlantic Greenway Network Client Action Items
Page J of4
· Neighborhood Associations
· Business Associations
Mariate Echeverry shall direct RMPK to make any changes and incorporate in to the Concept
Plan.
Part 4 - Final Master Plan Document
1.12 Final Concept Plan - n/a
1.13 Implementation Plan -n/a
1.14 Review of Draft Master Plan - 8/3/07 - Mariate Echeverry shall prepare written comments
and submit to RMPK.
1.15 Final Master Plan Document and Presentations - 8/21/07 - Schedule agenda items for
approval, provide backup for Commission meetings.
2.0 DADE BOULEVARD BIKE PATH DESIGN
Part 1 - Concept Plan
2.1 Base Maps / Background Information - 3/22/07 - provide background information may
include, but not limited to:
· Base maps and surveys (hard copies and/or CAD files)
· Collins Canal and North Seawall Rehabilitation Plans (CAD files)
· Geotechnical reports
· Information from Miami-Dade County or other agencies pertaining to the Dade Boulevard
Right-of- Way including as-builts for existing asphalt pathway and ownership information
· Existing and planned utility information
· Records of relevant community input from past Board of County Commission Meetings,
Community Council Meetings and other public forums.
· Status reports and permitting reviews ofthe Collins Canal Seawall Project
2.2 Kick-off Meeting - 3/23/07 - Mariate Echeverry shall prepare written comments and submit
to RMPK.
2.3 Inventory/Preliminary Agency Contacts - 4/12/07 - The City shall provide RMPK with all
existing information already collected for the project.
2.4 Site Analysis/Program Verification - 3/22/07 - Mariate Echeverry shall prepare written
comments and submit to RMPK:
2.5 Concept Plan / Schematic Design - 5/17/07 Mariate Echeverry shall prepare written
comments and submit to RMPK . ..
2.6 Construction Cost Estimate- 5/17/07 - Mariate Echeverry shall prepare written comments
and submit to RMPK.
City of Miami Beach - Atlantic Greenway Network Client Action Items
Page20f4
2.7 Public Workshop - 6/13/07 - Mariate Echeverry shall schedule and secure the meeting
location, as well as advertise the event. Mariate Echeverry shall direct RMPK any changes to
incorporate in to the Schematic Design.
Part 2 - Desie:n Development
2.8 Preliminary Design Development Plans - 8/15/07 - Mariate Echeverry shall prepare written
comments and submit to RMPK.
2.9 Conceptual approval from regulatory agencies - 8/15/07 - Review the list and summary of
meetings submitted to Mariate Echeverry and provide written comments to RMPK.
2.10 Meetings - 8/16/07 - Mariate Echeverry shall prepare written comments and submit to
RMPK.
Part 3 - Construction Documents
2.11 Submit 60% construction documents. - 11/6/07 - Mariate Echeverry shall prepare written
comments and submit to RMPK
2.12 Division Review -n/a.
2.13 Public Workshop - 11/7/07 - Mariate Echeverry shall schedule and secure the meeting
location, as well as advertise the event. Mariate Echeverry shall direct RMPK any changes to
incorporate in to the Schematic Design.
2.14 Prepare and Submit 90% and 100% construction documents - 12/11/07 _ Mariate
Echeverry shall prepare written comments and submit to RMPK.
2.15 Construction Cost Estimates - 12/11/07 - Mariate Echeverry shall prepare written
comments and submit to RMPK.
2.16 Meetings - 12/11/07 - Mariate Echeverry shall prepare written comments and submit to
RMPK.
2.17 Revisions to 90% Documents - nJa.
Part 4 - Permittine:
2.18 Submittal of Permitting Documents - n/a
2.19 Submittal of Permitting Documents - 11/7/07 - Sign all permit applications and provide
checks for all permit fees.
2.20 Permitting Status Reports - 11/7/07 - Mariate Echeverryshall prepare written comment'5
and submit to RMPK
City of Miami Beach ~ Atlantic Greenway Network Client Action Items
Page 3 of4
2.21 Drawing Revisions - 3/20/08 - Mariate Echeverry shall prepare written comments and
submit to RMPK.
Part 5 - Biddine and Award of Contract
2.22 Pre-Bid Meeting - 3/21/08 - Schedule and conduct the pre-bid meeting.
2.23 RFls / Clarifications - 4/4/08 - accept all RFIs and distribute for response. Accept response
and distribute
2.24 Addenda - 4/7/08 - Distribute addenda to prospective bidders.
2.25 Bid Evaluation and Award Recommendation -5/1/08 - evaluate bids and award.
Part 6 - Construction Contract and Closeout
2.26 Pre-Construction Meeting -7/21/08 - attend pre-construction meeting.
2.27 Permit Confirmation - nla.
2.28 Construction Activities Services _:
· TBD
2.29 Project Closeout - sign appropriate forms:
. e
City of Miami Beach - Atlantic Greenway Network Client Action Items
Page 40f4
TIlE
~lPK
GROUl>
II
COU.1IJuutity .1m) Rcgim:b.J PblUlin~
environlUental Pl.l1l1lu....
I...uI..:oJ'" A,~,J,il,dll'"
l...illUI PLUUI,i1lJ:'
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Quality Assurance Checklist
Date:
Re: "City of Miami Beach / Atlantic Greenway Network"
1.0 ATLANTIC GREENW A YS MASTER PLAN
Part 1 - Proiect Oreanization, Base Mappine and Inventorv
.L Background Information and Preliminary Review of Relevant Material-
Risk: Incomplete / Insufficient base information
Plan to Minimize Risk Create and track a checklist of all information required
2, Base Maps, Inventory and Preliminary Agency Contacts _
Risk: Incomplete / Insufficient utilities information
Plan to Minimize Risk Create and track responses from agency contacts on a
checklist
;:L New System for Project Management -
Risk: New system of project management
Plan to Minimize Risk Monitor for 'new' process demands outside contract docs
Part 2 - Analvsis
4. Stakeholder Interviews and Coordination Meetings _
Risk: Disparity of Vision/ Project Requirements by Stakeholders
Plan to Minimize Risk RMPK will develop a form of standard questions for each
stakeholder designed to focus the meetings and program
requirements discussion to minimize disparities between
groups - all disparities (if any) to be resolved by 4/30
Part 3 - Concept Plan
~ Analysis Review and Concept Plan Review -
Risk: Potential Disparity within City Departments relative to the
conceptual vision for the project .
Plan to Minimize Risk RMPK will obtain from the City a review checklist/log of
all key individuals and Departments to comment on the
plans at the conceptual design level. RMPK will obtain
sign-off of these key staff on the conceptual design on 6/6
City of Miami Beach - Atlantic Greenway Network Quality Control Plan
Pagelof4
6. Public Master Planning Workshops-
Risk: Design Changes in response to public comments
Plan to Minimize Risk RMPK to create exercises and structured opportunities for
attendees to both discuss the issues and generate
consensus regarding potential solutions
Part 4 - Final Master Plan Document
7. Final Master Plan Document and Presentations _
Risk:
Design Changes in response to public comments /
disparity in City Vision for Master Plan
Continue to build consensus throughout the project
through reviews, meetings, workshops, etc until
confidence is high that there will be final plan acceptance
Plan to Minimize Risk
2.0 DADE BOULEVARD BIKE PATH DESIGN
Part 1 - Concept Plan
.B... Inventory/Preliminary Agency Contacts -
Risk: Insufficient base / survey data
Plan to Minimize Risk Verification immediately with Engineer and sign off with
checklist
9. Site Analysis/Program Verification _
Risk: Disparity of vision for program
Plan to Minimize Risk Program verification to happen early in the process by
circulation of project program to key staff members with
sign-off - City PM signoff my 3/22
ill Concept Plan / Schematic Design -
Risk: Agency rejection of concepts
Plan to Minimize Risk Lock in requirements for design early and have agencies
sign off at this stage and track via checklist - agencies to
receive plans on 5/18, comments by 5/31
lL Construction Cost Estimate-
Risk:
Plan to Minimize Risk
Out of budget cost estimates
Updated cost estimates at prescribed milestones as
indicated in scope - circulate to key staff members to for
suggestions as to current pricing within Miami Beach CIP
projects and the addition of a 20% contingency to the cost
estimate
.u.. Public Workshop-
Risk:
Plan to Minimize Risk
Desigri,Changes in response to public comments
RMPK to create exercises and structured opportunities for
attendees to both discuss the issues and generate
consensus regarding potential solutions
City of Miami Beach ~ Atlantic Greenway Network Quality Control Plan
Page 20f4
Part 2 - Desil!:n Development
II Preliminary Design Development Plans -
Risk:
Plan to Minimize Risk
Multiple comments from multiple sources
RMPK will obtain from the City a review checklist/log of
all key individuals and Departments to comment on the
plans at the conceptual design level. RMPK will obtain
sign-off of these key staff by 8/15. RMPK to submit plans
to City with checklist on 7/18. Review meeting to be held
on 8/16 with City comments. Disparities in comments
shall be resolved by the City's PM on 8/16.
l.1. Conceptual approval from regulatory agencies -
Risk: Timeline slippage from insufficient review time
Plan to Minimize Risk Send out schedule updates - RMPK to proactively contact
reviewing agencies one month for prior to submittal to
verify review timeframe
Part 3 - Construction Documents
li. Submit 60% construction documents. -
Risk: Varying design standards between reviewing departments
Plan to Minimize Risk RMPK will obtain from the City a review checklist/log of
all key individuals and Departments to comment on the
plans at the conceptual design level by 8/15. RMPK will
obtain sign-off of these key staff. RMPK shall also request
typical design standards from various City departments
early in the design process.
.l.Q.. Division Review -
Risk:
Plan to Minimize Risk
Timeline slippage from insufficient review time
Proactively check on review progress before end of review
duration to verify completed review before schedule
slippage occurs - the time line required for review will be
done one month prior to the start of the required review
period
J.L. Public Workshop-
Risk:
Plan to Minimize Risk
Design Changes in response to public comments
RMPK to create exercises and structured opportunities for
attendees to both discuss the issues and generate
consensus re~arding potentiCll solutions
l.8... Prepare and Submit 90% and 100% construction documents -
Risk: Major changes requested to drawings regarding design
concept, theming, or design program
Plan to Minimize Risk Previous reviews and sign-offs should minimize this risk
City of Miami Beach - Atlantic Greenway Network Quality Control Plan
Page 30f4
Part 4 - Permittine
12. Submittal of Permitting Documents -
Risk: Permitting Agency review lag
Plan to Minimize Risk Monitor bi-weekly for progress - RMPK to proactively
contact permitting agencies and track status of reviews
Part 5 - Biddine and Award of Contract
2Q. RFIs / Clarifications -
Risk:
Plan to Minimize Risk
Timeliness in response to contractor RFIs
All RFIs processed within one day of recei pt
Part 6 - Construction Contract and Closeout
2..L Pre-Construction Meeting -
Risk:
Plan to Minimize Risk
Scheduling issues relative to materials availability
Insert language in front-end docs
22. Construction Activities Services _
Risk: Contractor change orders
Plan to Minimize Risk All change orders to be received in writing and processed
23. Construction Activities Services _
Risk: Contractor workmanship and QC issues
Plan to Minimize Risk Checklists will be followed during inspections and notices
issued as to potential QC issues. Contract language shall
also dictate directives and procedures to be followed for
punch list items.
24. Construction Activities Services _
Risk: Rain delays and other unforeseen weather events
Plan to Minimize Risk Contractor to provide for allowance of rain delays In
contract proposal- RMPK to verifY contract language
25. Construction Activities Services _
Risk: Impacts to mangroves or protected species
Plan to Minimize Risk Add language to contract documents specifying the
type(s) of protection that will be required for the
mangrove areas based on permits, responsible practices,
etc
2Q.. Project Closeout -
Risk:
Plan to Minimize Risk
Effectiveness of inspections by CM
Review of inspection reports by City and cross-check with
inspections made by consultant team
. ..
qity of Miami Beach ~ Atlantic Greenway Network Quality Control Plan
Page 40f4
QUALITY CONTROL PLAN
1.0 ATLANTIC GREENWAYS MASTER PLAN
Part 1 - Proiect Orl!anization. Base Mappinl! and Inventorv
1, Background Information and Preliminary Review of Relevant Material _
Risk: Incomplete / Insufficient base information
Date Risk Occurs: 311/07
Duration of Risk 311/07-4/12/07
Plan to Minimize Risk Create and track a checklist of all information required
Individuals: RMPK PM
RiskIPossible Impact to Cost Additional services/ GIS or Cad work -hourly rate $65
RiskIPossible Impact to Time Up to one month schedule slippage
2. Base Maps, Inventory and Preliminary Agency Contacts _
Risk: Incomplete / Insufficient utilities information
Date Risk Occurs: 3/1/07
Duration of Risk 3/ I /07 -4/ I 2/07
Plan to Minimize Risk Create and track responses from agency contacts on a
checklist
Individuals: RMPK PM
RiskIPossible Impact to Cost Additional administration time -hourly rate $150
RiskIPossible Impact to Time TBD based upon degree ofnonresponsiveness
3. New System for Project Management-
Risk: New system of project management
Date Risk Occurs: NTP
Duration of Risk Duration of project
Plan to Minimize Risk Monitor for 'new' process demands outside contract docs
Individuals: RMPK PM
RiskIPossible Impact to Cost Additional services - additional $ for administration time
not included in original scope -hourly rate $ I 50
RiskIPossible Impact to Time Schedule will not be impacted
Part 2 - Analvsis
4. Stakeholder Interviews and Coordination Meetings _
Risk: Disparity of Visionl Project Requirements by Stakeholders
Date Risk Occurs: 4/16/07
Duration of Risk 4/16/07 -4/19/07
Plan to Minimize Risk RMPK will develop a form of standard questions for each
stakeholder designed to focus the meetings and program
requirements discussion to minimize disparities between
groups - all disparities (if any) to be resolved by 4/30
Individuals: RMPK PM / City PM jointly
RiskIPossible Impact to Cost n1a
Risk/Possible Impact to Time Could freeze the process until discrepancies are resolved _
or not have any impact based on degree of disparity
City of Miami Beach - Atlantic Greenway Network Quality Control Plan
Page lof7
Part 3 - Concept Plan
5. Analysis Review and Concept Plan Review-
Risk:
Potential Disparity within City Departments relative to the
conceptual vision for the project as described within
review comments
6/4/07
6/4/07
RMPK will obtain from the City a review checklist/log of
all key individuals and Departments to comment on the
plans at the conceptual design level. RMPK will obtain
sign-off of these key staff on the conceptual design on 6/6
City PM
Potential for additional review meetings - $1 k/meeting
May cause up to 2 week slippage
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Individuals:
Risk/Possible Impact to Cost
Risk/Possible Impact to Time
6. Public Master Planning Workshops _
Risk: Design Changes in response to public comments
Date Risk Occurs: 6/13/07
Duration of Risk 6/13/07
Plan to Minimize Risk RMPK to create exercises and structured opportunities for
attendees to both discuss the issues and generate
consensus regarding potential solutions
Individuals: RMPK PM
Risk/Possible Impact to Cost n/a
Risk/Possible Impact to Time Not on critical path
Part 4 - Final Master Plan Document
7. Final Master Plan Document and Presentations _
Risk: Design Changes in response to public comments /
disparity in City Vision for Master Plan by elected
officials
Date Risk Occurs: 8/17/07
Duration of Risk 8/17/07- final adoption of plan
Plan to Minimize Risk Continue to build consensus throughout the project
through reviews, meetings, workshops, etc until
confidence is high that there will be final plan acceptance
Individuals: RMPK PM
Risk/Possible Impact to Cost Additional services/ work would be required
Risk/Possible Impact to Time Extension of project if plan not approved by City leaders
2.0 DADE BOULEVARD BIKE PATH DESIGN
Part 1 - Concept Plan
8, Inventory/Preliminary Agescy Contacts _
Risk: Insufficient base / survey data
Date Risk Occurs: 3/1/07
Dura tion of Risk 3/ I /07 -4/12/07
City of Miami Beach - Atlantic Greenway Network .Quality Control Plan
Page 20f7
Plan to Minimize Risk
Individuals:
RiskJPossible Impact to Cost
RiskJPossible Impact to Time
Verification immediately with Engineer and sign off with
checklist by 4/12 -checklist provided by 3/14
RMPK PM
n/a
Possible two week slippage
9. Site AJ,.lalysis/Program Verification -
Risk: Disparity of vision for program
Date Risk Occurs: 3/22/06
Duration of Risk Duration of projeet
Plan to Minimize Risk Program verification to happen early in the process by
circulation of project program to key staff members with
sign-off - City PM signoff my 3/22
Individuals: RMPK PM
RiskJPo~sible Impact to Cost Program expansion could initiate additional services based
on degree/need for additional professional services
RiskJPossible Impact to Time Several weeks - one month slippage
10. Concept Plan / Schematic Design -
Risk: Agency rejection of concepts
Date Risk Occurs: 5/18/07
Duration of Risk 5/18/07-5/31/07
Plan to Minimize Risk Lock in requirements for design early and have agencies
sign off at this stage and track via checklist - agencies to
receive plans on 5/1 8, comments by 5/31
RMPK PM
Ifnew concept required, could be up to $lOk
Additional time for re-design - possibly up to two
weeks/I month
Individuals:
RiskJPossible Impact to Cost
RiskJPossible Impact to Time
11. Construction Cost Estimate-
Risk:
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Individuals:
RiskJPossible Impact to Cost
RiskJPossible Impact to Time
12. Public Workshop-
Risk:
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Out of budget cost estimates
5/17/07
Duration of Project
Updated cost estimates at prescribed milestones as
indicated in scope - circulate to key staff members to for
suggestions as to current pricing within Miami Beach CIP
projects and the addition of a 20% contingency to the cost
estimate
RMPK PM
Additional services - additional $
Could extend the project if approved program does not
match available funding
Design Changes in response to public comments
6/JJ/07 . ..
6/13/07
RMPK to create exercises and structured opportunities for
attendees to both discuss the issues and generate
consensus regarding potential solutions
City of Miami Beach ~ Atlantic Greenway Network Quality Control Plan
Page 3 of7
Individuals:
Risk/Possible Impact to Cost
Risk/Possible Impact to Time
Part 2 - Desil!n Development
RMPK PM
n/a
Not on critical path
13. Preliminary Design Development Plans-
Risk:
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Individuals:
Risk/Possible Impact to Cost
Risk/Possible Impact to Time
delays
Multiple comments from multiple sources
7/] 7/07
7/17/07 -8/] 5/07
RMPK will obtain from the City a review check]ist/log of
all key individuals and Departments to comment on the
plans at the conceptual design level. RMPK will obtain
sign-off of these key staff by 8/]5. RMPK to submit plans
to City with checklist on 7/] 8. Review meeting to be held
on 8/16 with City comments. Disparities in comments
shall be resolved by the City's PM on 8/16.
RMPK PM
Additional time spent by consultant
Multiple iterations force multiple revisions - timeline
] 4. Conceptual approval from regulatory agencies _
Risk: Timeline slippage from insufficient review time
Date Risk Occurs: 7/18/07
Duration of Risk 7/18/07 -8/] 5/07
Plan to Minimize Risk Send out schedule updates - RMPK to proactively contact
reviewing agencies one month for prior to submittal to
verify review timeframe
Individuals: RMPK to notify City of timeframe required one month
prior to submittal
Risk/Possible Impact to Cost n/a
Risk/Possible Impact to Time Schedule slippage
Part 3 - Construction Documents
]5. Submit 60% construction documents.-
Risk:
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Individuals:
Risk/Possible Impact to Cost
Risk/Possible Impact to Time
Varying design standards between reviewing departments
] 0/9/07
10/9/07-] 1/6/07
RMPK will obtain from the City a review checklist/log of
all key individuals and Departments to comment on the .
plans at the conceptual design level by 8/] 5. RMPK will
obtain sign-off of these key staff. RMPK shall also request
typical design standards from various City departments
early in the design pro~ess. . .,
RMPK PM
Additiona] time spent by consultant
Multip]e iterations force multiple revisions - timeline
delays
City of Miami Beach - Atlantic Greenway Network Quality Control Plan
Page 40f7
16. Client Review -
Risk:
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Individuals:
Risk/Possible Impact to Cost
Risk/Possible Impact to Time
17. Public Workshop -
Risk:
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Individuals:
Risk/Possible Impact to Cost
Risk/Possible Impact to Time
Timeline slippage from insufficient review time
10/9/07
10/9/07 -11/6/07
Proactively check on review progress before end of review
duration to. verify completed review before schedule
slippage occurs - the timeline required for review will be
done one month prior to the start of the required review
period
RMPK to notify City of timeframe required one prior to
submittal
n/a
Schedule slippage
Design Changes in response to public comments
11/7/07
11/7/07
RMPK to create exercises and structured opportunities for
attendees to both discuss the issues and generate
consensus regarding potential solutions
R,MPK PM
n/a
Not on critical path
18. Prepare and Submit 90% and 100% construction documents _
Risk: Major changes requested to drawings regarding design
concept, theming, or design program
12/10/07
12/10/07-12/26
Previous reviews and sign-offs should minimize this risk
RMPKPM
Additional services/ work for change in program
Additional time required to make retroactive changes _
potentially up to several months
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Individuals:
Risk/Possible Impact to Cost
Risk/Possible Impact to Time
Part 4 - Permittin2
19. Submittal of Permitting Documents-
Risk: Permitting Agency review lag
Date Risk Occurs: 11/7/07
Duration of Risk 11/7/07-1/17/08
Plan to Minimize Risk Monitor bi-weekly for progress - RMPK to proactively
contact permitting agencies and track status of reviews
RMPK to contact agencies
Construction costs could Iise due to delay
Schedule slippage
Individuals:
Risk/Possible Impact to Cost
Risk/Possible Impact to Time
. ..
City of Miami Beach - Atlantic Greenway Network Quality Control Plan
Page 50f7
Part 5 - Biddin2 and Award of Contract
20. RFls 1 Clarifications -
Risk:
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Individuals:
Risk/Possible Impact to Cost
Risk/Possible Impact to Time
Timeliness in response to contractor RFls
3/24/08
Duration of construction
All RFIs processed within one day of receipt
RMPK PM
nla
n/a
Part 6 - Construction Contract and Closeout
21. Pre-Construction Meeting-
Risk:
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Individuals:
Risk/Possible Impact to Cost
Risk/Possible Impact to Time
Scheduling issues relative to materials availability
7/21/08
Duration of construction
Insert language in front-end docs
Contractor
n/a
Contractor to guarantee price and secure materials prior to
NTP
22. Construction Activities Services _
Risk: Contractor change orders
Date Risk Occurs: NTP
Duration of Risk Duration of construction
Plan to Minimize Risk All change orders to be received in writing and processed
Individuals: RMPK PM
Risk/Possible Impact to Cost Per change order
Risk/Possible Impact to Time Evaluated per individual change order
23. Construction Activities Services _
Risk:
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Individuals:
Risk/Possible Impact to Cost
Risk/Possible Impact to Time
24. 'Construction Activities Services _
Risk:
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Contractor workmanship and QC issues
NTP
Duration of construction
Checklists will be followed during inspections and notices
issued as to potential QC issues. Contract language shall
also dictate directives and procedures to be followed for
punch list items.
RMPK PM
n/a
Additional time required to make any
modifications/revi sions
Rain delays and other unforeseen weather events
NTP
Duration of construction
Contractor to provide for allowance of rain delays 10
contract proposal- RMPK to verifY contract language
. ..
City of Miami Beach - Atlantic Greenway Network Quality Control Plan
Page 60f7
Individuals:
RiskIPossible Impact to Cost
RiskIPossible Impact to Time
RMPKPM
Additional services/ work
Additional time required to make retroactive changes
25. Construction Activities Services _
Risk: Impacts to mangroves or protected species
Date Risk Occurs: NTP
Duration of Risk Duration of construction
Plan to Minimize Risk Add language to contract documents specifying the
type(s) of protection that will be required for the
mangrove areas based on permits, responsible practices,
etc
Individuals: RMPK PM
RiskIPossible Impact to Cost n/a - have contractor assume responsibility
RiskIPossible Impact to Time n/a
26. Project Closeout -
Risk:
Date Risk Occurs:
Duration of Risk
Plan to Minimize Risk
Individuals:
RiskIPossible Impact to Cost
RiskIPossible Impact to Time
Effectiveness of inspections by CM
NTP
Duration of construction
Review of inspection reports by City and cross-check with
inspections made by consultant team
RMPKPM
Additional services/ work if City inspector is ineffective
Additional time required to make retroactive changes
All risks not identified in this plan, except for the unforeseen risks which the client agrees are
unforeseen, are covered by the vendor's technical expertise and are the responsibility of the vendor.
City of Miami Beach - Atlantic Greenway Network Quality Control Plan
Page 70f7
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15 mm-dd-yvvy $
16 mm-dd-yvvy $
17 mm-dd-yvy'I $
18 mm-dd-yvvy $
19 mm-dd-yyyy $
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NO. ACTIVITY SCHEDULED ACTUAL SCHEDULE ACTUAL FINISH % COMPLETE RISK CODE
START START D FINISH (if delavedl
1 (mm-dd-yYyyJ mm-dd-yYYYJ I (mm-dd-vvvvJ (mm-dd-vvvvJ % If applicable
2
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19 .
20
PROJECT NOTES/REMARKS
NO. N TE/REMARK
1
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4
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9
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