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2001-24247 RESO RESOLUTION NO. 2001-24247 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND HAZEN AND SAWYER, P.c., PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 102-99/00, TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES FOR ASSIGNED CAPITAL RIGHT-OF-WAY INFRASTRUCTURE PROJECTS FOR A FEE NOT TO EXCEED $13,138,884, OVER A PERIOD OF SIX (6) YEARS; FUNDING TO BE PROVIDED FROM: SERIES 2000 GENERAL OBLIGATION BOND FUND; SERIES 2000 WATER AND SEWER REVENUE BOND FUND; SERIES 2000 STORMWATER REVENUE BOND FUND; AND THE SOUTH POINTE TAX INCREMENT FINANCING FUND; FURTHER, APPROPRIATING $1,443,267 FOR PROFESSIONAL FEES FOR THE CURRENT FISCAL YEAR, THROUGH SEPTEMBER 30, 2001, WITH $467,623 TO BE PROVIDED FROM SERIES 2000 GENERAL OBLIGATION BOND FUND; $290,113 FROM THE SERIES 2000 WATER AND SEWER REVENUE BOND FUND; $492,531 FROM THE SERIES 2000 STORMWATER REVENUE BOND FUND; AND $200,000 FROM THE FY 2001 SOUTH POINTE TAX INCREMENT FUNDS. WHEREAS, the City has issued General Obligation (G.O.) Bonds, and has plans to issue additional bonds, to provide funding for a number of needed capital projects to be constructed in various areas of the City to upgrade and improve the infrastructure for the purpose of providing better service to residents and visitors; and WHEREAS, at its May 8, 2000 meeting, the Finance and Citywide Projects Committee recommended that the City issue a Request for Qualifications (RFQ) to retain a professional program/construction management firm for public right-of-way projects; and WHEREAS, on May 24, 2000, the Mayor and City Commission adopted Resolution No. 2000-23920, approving and authorizing the issuance of a Request for Qualifications (RFQ) from firms with the experience and capability to provide professional program management services for capital right-of-way infrastructure projects for the City; and WHEREAS, an Evaluation Committee appointed by the City Manager convened and heard oral presentations on September 28,2000, and subsequently recommended Hazen and Sawyer, P,C., as the most qualified firm; and WHEREAS, on October 18,2000, the Mayor and City Commission accepted the recommendation of the Evaluation Committee, and the City Manager and authorized the Administration, under Resolution No. 2000-24140, to enter into negotiations with Hazen and Sawyer, P.c. as the most qualified firm and refme the scope of work and negotiate the fees to be paid for the work; and WHEREAS, the Administration now requests approval of the attached Agreement with Hazen and Sawyer, P.c., for professional program management services to administer a number of projects, within the public right-of-way as assigned by the Administration. f~~Lf~ NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approves and authorizes the Mayor and City Clerk to execute an Agreement between the City and Hazen and Sawyer, P.C., pursuant to Request for Qualifications (RFQ) No.1 02- 99/00, to provide professional Program Management services for assigned capital right-of-way infrastructure projects for a fee not to exceed $13,138,884, over a period of six (6) years; funding to be provided from Series 2000 General Obligation Bond Fund; the Series 2000 Water and Sewer Revenue Bond Fund; the Series 2000 Stormwater Revenue Bond Fund and the South Pointe Tax Increment Financing Fund; further, appropriating $1,443,267 for professional fees for the current fiscal year, through September 30, 2001, with $460,623 to be provided from Series 2000 General Obligation Bond Fund; $290,113 from the Series 2000 Water and Sewer Revenue Bond Fund; $492,531 from the Series 2000 Storm water Revenue Bond Fund; and $200,000 from the FY 2001 South Pointe Tax Increment Funds. PA~ PASSED and ADOPTED this31stday of January , 2001 N'ROIr..... AI 10 ATTEST: POnMaLANGUAGI aPORIXECUTION IIAA IMIQl.ltf. - J- ).3-01 ~- MAYOR F:\WORK\SALL\CAH\RESQ\HS_MNGT.RES Program Management Infras,tructure Hazen and Sawyer"P.C. 1, Islands: Star. Palm, Hibiscus. Venetian Palm & Hibiscus (5W) (W5) (55) Venetian Islands (SW) (WS) (38) 2. 8ayshore/Sunsellslands Bayshore (Middle Beach-Phase il) (INS) (38) Lower Nor1 h Bay Road (SVV) IWl) (38) Nor1 h Bay Road Main Upgrade (WS) 5unsetlslands (SW) (WS) (5S) Flamingo Drive (SW) (W5) (5S) J. Normandy Shores Normandy Shores Improvements (SW) (INS) 4. Ocean Street Ends (25th 43rd Street) (5S) 5. Flamingo/llummus Flamingo Nor1 h (5W) (W5) (55) Flamingo Park East (5W) (WS) (55) Flamingo Park West (SW) (WL) (SS) Flamingo South (SW) (WS) (5S) Washington Ave (W5) (5W) (S5) 6. Normandy Isle Normandy Isle South (5W) (WL) (5S) 7. Nautilus Middle Beach Improvements (WS) (SW) (58) 8. West Avenue I Say Road Neighbomood .- West Avenue West(5lh to 15th Street) (SW)(SS) 9. North Shore Nor1h Shore (WS) (SW) (SS) 10. La Gorce La Gorce Park (SW) Lakeview Dnve (SW) (SS) 11. Blscayne Point Biscayne Point (WL) (SW) (55) i 2. South Pointe ?hases I-V South POinte (INS) 50uth POlnte -Phase I (SW) (55) 50uth Pointe -Phase II (SW) (5S) South Pointe -Phase III (SW) (55) South Pointe .Phase IV (SW) (SS) South Pointe -Phase V (SW) (SS) 13. City Center Convention Center Streetscape East (88) Attachment 1 Capital Improvement Programs ~ Program Management Facilities and Parks Consultant Selection in Progress Parks and Facilities: 12th Street ParKing Garage 13th Street Parking Garage Altos Del Mar Bayshore Clubhouse/Golf Course Botanical Garden - The Garden Center Collins Park Fairway Park - Phase I & II Fire Station #4 Flamingo Park Flamingo Pool Lummus Park Normandy Isle Clubhouse/Goif Course Normandy isle Par'~ and Pool North Space Open Space Park North 8hore Park & Youth Center Regional Librarj Scott Rakow Youth Center South Pointe Park Construction Managemt CMS Construction Managemt Right of Way Improvements 10th Street Auditorium ( Property Management) 16th Street StreelScape 17th and 18tl1 Street Ends 30/42 Inch Force Main 41st Street Streetscape 42nd Street Streetscape Phase II 5th Street WW Upgrades 6th Street Community Center (Property Management) 77th Street Streetscape Alton Road Enhancement Aiton Road/Chase Avenue Streetscape Bay Road Booster Pump Station @ 25th Street Chase Avenue Collins Avenue Wastewater Force Main Convention Center and TQPA ADA Modifications Convention Center SW Improvements Convention CenteriTOPA Roof Replacement Cultural Campus Streelscape. Phase I and II DERM Wastewater Contingency Plan Esoanola Way ':SW, 5S, 'NS) :::'il-Extension - 17th Street from Meridian Avenue G(ound Storage Tank@25thStreet La Gorce Island Entrance La GorcelPinetree Drive Landscaping Lenox Avenue and Michigan Avenue Marseille Drive Streetscape Master Booster Pump Station Meridian Avenue =ntrance Miscellaneous 'lvVI Upgrades (Upsizing) New Booster P,S. @TerminaINonnandy/71st Street Orchard Park Neighborhood (8S) Palm and Hibiscus Guardhouse Palm View Neighborhood Improvements (55) Property Management Facility Public Works Facility Pump Stations Upgrades Subaqueous Wastewater Force Main Sunset Harbour - (SW) TOPA Portecochere Washington Court Wastewater Pump Station #29 Parks 8elle Isle Park. Brittany Bay Park Crespi Park - Phase II Fisher Park. - Phase II Island View Park. - Phase II La Gorce Park. - Phase II Muss Park - Phase I & II North Beach Recreational Corridor/Allison Park Palm Island Park. - Phase II Parks Maintenance Yard Pinetree Park.- Phase II Stillwater Park. Tatum Park. Phase II Washington Park. - Phase I & II Attachment 2 NEIGHBORHOOD IMPROVEMENT PROJECTS IN PUBLIC RIGHT-OF-WAY 1. South Point. Phases I.V Third Street Streetscape Washington Avenue Streetscape South Pointe Water System Improvements Phase I South Pointe Stonnwater Improvements P.hase I South Pointe Streetscape Phase II South Pointe Water System Improvements Phase II South Pointe Stormwaler Improvements Phase II South Pointe Streetscape Phase III Meridian Avenue Extension Streetscape South Pointe Water System Improvements Phase III South Pointe Stormwater Improvements Phase III South Pointe Streetscape Phase lV South Pointe Water System Improvements Phase IV South Pointe Stormwaler Improvements Phase IV South Paiote Streetscape Phase V South Pointe Stormwater Improvements Phase V 2. Flamingo I Lummus Flamingo Neighbortlood Improvements Flamingo North Water & Sewer Infrastructure Flamingo North Drainage Infrastructure Flamingo Neighbomood Improvements Flamingo Park East Water & Sewer Infrastructure Flamingo Park East Drainage Infrastructure Flamingo Park West Drainage Infrastructure Flamingo Neighbomood Improvements Lenox and Michigan Avenue Waterline Replacement Flamingo South Drainage Infrastructure Washington Avenue Master Plan, Phases II, IV, and V Washington Ave Streetscapes Washington Ave Stormwater Drainage Upgrades Flamingo Neighbomood Improvements 16th Street South Waterline Replacement 3. West Avenue I Bay Road Neighborhood West Avenue I Bay Road Neighbomood Improvements West Avenue Slormwater Improvements 4. Islands: Star, Palm, Hibiscus, Venetian Star, Palm, Hibiscus Islands Enhancement Palm and Hibiscus Island Water Line Upgrades Star Island Waler Une Replacement Palm and Hibiscus Islands Drainage Improvements Venetian Causeway Master Plan Phase l.venetian Islands Venetian lslands Water Distribution System Upgrade Venelian Islands Stormwater Improvements Venetian Causeway Master Plan Phase II.causeway Venetian Islands Subaqueous Wastewater FM Replacement 5. City Canter Convention Center Stormwaler Improvements 6. Bayshore/Sunset Islands $1.181,050 Bayshore Streetscape & TraffIC Calming Improvements Phase I $2.S00.0oo $2.286.200 Middle Beach Improvements Plan Phase II $4.046.788 $434.226 Bayshore Streetscape & Traffic Calming improvements Phase II $400.000 $1.181.000 Sayshore Slreetscape & Traffic Calming Improvements Phase III $400.000 32,956.765 Lower North Bay Head Water Infrastructure Upgrade $547.825 $328.696 Lower North 8ay Road Drainage Infrastructure Upgrade $1.362.261 11.345.085 Flamingo OrNe Improvements $848.504 $2.780.930 Flamingo Drive Improvements $1.000.969 $200.000 Sunset Islands Enhancement 5200.000 $353.027 Sunset Islands Stormwater Improvement $536.087 $2.372.543 Sunsellslands Waterline Repl & Subaq Forcemain Reolacemenl $2.133.652 $3.193.895 Lake Pancoast Streetscape $852.000 51.152.449 40th Street Streetscape 5500.000 $946.381 $4.513.750 7. Nautilus l $1.207.784 Nautilus Neighborhocd Slreetscape and Traffic Calrr.ir:g 52.025.0CO Nautilus Neighbomood Streetscape and Traffic Calming $1.775.000 Middle Beach Improvements Plan Phase r. Nautilus 52.211.130 $722.000 Middle Beach Improvements Plan Phase 111. Nautilus $3.347.651 52.270.426 $3.784.043 8. Oceanfront $1.083.000 Oceanfront. Street Ends LS and Ped Improvmts, 25th to 43rd SI $4.300,000 $1.134.282 CotlinsAve .12" WM extension Arthur Godfrey Rd to 44th 5t $984.209 $1.693.240 $1.728.708 9.la Gorce/Allison Is. $3,971.000 La Gorce Neighbomood Streetscape Improvements $200.000 $279.913 Lakeview Drive Stormwater tmprovements $817.934 56.132.213 LaGoTte ParK Stormwater Improvements $461.700 $280.700 $1.596,000 10. North ShoreJ Park View Is. $1.064.000 North Shore and Park Vif?tN Island Streetscape Improvemts - Ph I $1.037,500 $1.083,000 North Shore and Pari<. View Island Streetscape Improvernts . Ph II $2,697,500 $1.464.783 North Shore and Park VIeW Island Streelsc:ape Improvemts . Phlll $415.000 North Shore Water Une Replacement 12.239,304 $2.100,000 11. Normandy Isle South $1.271.770 Normandy Isle & Normandy Sud Streetscape Improvements $4,150.000 Normandy Isle I Normandy Sud Infrastructure Upgrade $3,316,696 Normandy Isle I Normandy Sud Infrastruaure Upgrade $552.783 $700.000 $563.186 12 Normandy Shores $267.391 NOfT1'landy Shores Neighborhood StreelSCape Improvements $3.4O<J.000 52.252.307 Nonnandy Shores Infrastructure Upgrade $3.711,391 53.844.150 Normandy Shores Infrastructure Upgrade $1.711.304 $2.660.000 $3.996.000 13. Biscayne Point $1.827.000 Biscayne Point Area Slreetscape Improvements Phase I $1.326.000 51.145.739 8iscayne Point Area Streetscape Improvements Phase II $1.577.000 Biscayne Point Area Streetsc~pe Improvements Phase III $1.245.000 Biscayne Point Water Line Replacements $200.000 $3.421.962 ====== Sublotal $146.999.822 F.\WORK\S,>.ll\C~S"1TCHl.MEM Attachment 3 HAZEN AND SAWYER - PROPOSED TASK LIST TASK I - GENERAL PROGRAM MANAGEMENT SERVICES 1.1 - Development of a Program Work Plan 1.2 - Master Program Schedule 1.3 - Master Program Cost Model 1.4 - Program Management Status Reports 1.5 - Document Control System TASK 2- PLANNING PHASE PROGRAM MANAGEMENT SERVICES 2.1 - Program Planning 2.2 - Contractor Bonding Capacity Survey 2.3 - Project Prioritization 2.4 - Program Delivery Analysis Report TASK 3 - DESIGN PHASE PROGRAM MANAGEMENT SERVICES 3.1 - Assist CITY with Architect I Engineer (AlE) Consultant Services 3.2 - Establish Design Standards 3.3 - Legal Assistance 3.4 - Manage AlE Consultant Progress 3.5 - Design Reviews 3.6 - Pennitting Assistance 3.7 - Constructability Reviews 3.8 - Bid Services 3,9 - Program Website Development and Maintenance TASK 4 - CONSTRUCTION PHASE PROGRAM MANAGEMENT SERVICES 4.1 - Construction Management Manual 4.2 - Pre-Construction Conferences 4.3 - Manage Construction Progress 4.4 - Monthly Construction Progress Meetings 4.5 - Utility and Permitting Coordination Services 4.6 - Review of Contractor's Schedules 4.7 - Requests for Information I Clarification (RFIs) 4.8 - Requests for Changes to Construction Cost andlor Schedule 4.9 - Processing of Shop Drawings 4.10- Progress Payment Requests: TASK 5 - FIELD OBSERV A nON PROGRAM MANAGEMENT 5.1 - Field Observation Services 5.2 - Project Closeout 5.3 - Post Project Services TASK 6- OTHER DIRECT COSTS 6.1 - Mileage Allowance 6.2 - Communications (Nextel radio cellular phones) 6.3 - Software Costs 6.4 - Hardware Costs and LAN/W AN Maintenance 6.5 - Office Space 6.6 - Reproduction Services TASK 7 - SUPPORT SERVICES If authorized by the CITY, the CONSULTANT may furnish all or any of the following services: 7.1 - Alternative Funding Assistance 7.2 - Public Information Hotline 7.3 - Surveying 7.4 - Community Involvement and Liaison Program Note 1: See Exhibit B of the Agreement for a detailed explanation of each task. Note 2: Each of these services will be provided by the H&S project team working in concert with the City staff, the City's design consultants, and construction contractors. Attachment 4 Hazen and Sawyer Estimated Manpower Summary 6 year program (J'l w u :> 0: w (J'l """ z w ::;:~ w::;: ,,<( <(0: Z" <(0 ::c::;:o: u::;:<l. <(<(0: wo:>- aJ(je. ::;:0>- <(0:0: _<l.<( ::;:w::;: L1.0:::;: O::::l::::l >-"""(J'l t:go: uo:W """~ (J'l0 <(<l. o:z L1.<( z::;: >- <( ~ L1. o """ ::c " 0: <f1 .... z w ::;; ::; o <.l :U,I w: <( .... o ~, '" :0 ;0, N ~. N :<o:t 0' 0' -<:':01 '" 8 :t'lA: 'N 0, :0. N .... g 'C'II' a: <( w C;:- i i:~! i I i::~I~i~1 }}: ~'ZiU: .'.,'-' ....,o'u::l~ !LL..t- ~\~II~ ..... olg~ OiW.u.. z:U::1Q, N ,WI il-' :0' .~ '1-:1- c;I I- i~I~!>- ~ I '-'1-,,0: 0: '" !010'<:l en !a:a:!::> 0 a: :a...:a..:~ w :~ 1u..Il..L.n:2 10 (;IO!O:Z i= L.dZIZ'- u.. '-.. -:l10101",....J !~ OJ;:ij::!UJ ::f ILU a;,<I<(:U...... ;~ a..!a:p:r:;ffi 0 :W Ll..:::l'::>':21- :.>.01010:00:::: u.. ..... 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I f- au U 3:t/)~ w>- a :> a: a: u.. w <: a.. u.. a:!;;ILIJ <(12:E U I~I@ ~ ~ f-'" u. 10 < 0 LIJ CIl2a: ~- <:... :; < c " C c OL " '" > or < ~ ~ ::0 ~ or w ~ o 0- Z < ~ 0- o o N "' u . e- o Q . ]j .", l) . . ~ w t: w OL a l) :2 U <: w "' :; <: ~ c Attachment 5 CITY OF MIAi\lI BEACH RIGHT OF WAY INFRASTRUCTURE PROGRAM MANAGEMENT SERVICES FEE SUMMARY TABLE (BY FY) 2001 51,284,717 $158,550 2002 $2,339,484 $136,400 2003 52,454,242 $136,400 2004 $2,560,482 $136,400 2005 $2,228,659 $136,400 2006 51,430,751 $136,400 TOTALS $12,298,334 $840,550 F\WOR.KISALL',C.-\HIRESQ\HSA TTCH5. TBL Attachment 6 Hazen and Sawyer Presentation At the November 27, 2000 City Commission Workshop i c. '..-1 ':",1 --, '-' ....... .......; U ) .'. ~'-~~ ''''. ~._j () ~;;j ---, t1-,""~'~ 0 \..J ':;..-1J ~~Xt , - ~-rj Q.. t""1 - ;'.::. ~ ..,...., :J -'-", ~ >, ,:-:>-j ~ C r- ~ r', rei , -' '......, (l) 0 .t}Li --.. 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'c.~ ~~~ J{:.~ :~~1~ ,J'!; .~~~ ~~! t..~! -~ i~ "2~ ':~,~ ,'~ ril ~ ~ " . .. VI ,....' C:;i :>, 2 Q.J! -'I --; i LJ 11 o C' \.D .,- ,.." :~':~<^", .it!~ ""iJ:" '-;~ I l~ '$"': ~H '-'.d~_< ,:6;~~':: ~ :::::::: o co .~" .-. ,;!~:, ........ Neighborhood Funding Source Project Allocation for PM (Total Amount Basis) Funding Project Title 6 Yr Total GO Bond SW Bond W&S Bond S.P. TIF 1. Biscayne Point Neighborhood i=---.-..-. - - GO Bonds --- ,-.- Biscayne Point Area Streetscape $1,328,000 $13,789 $0 $0 $0 IJg!I1rovements Phase L_ . Nei9hborhoods Biscayne Point Area Streetscape GO Bonds $1.576,500 $16,369 $0 $0 $0 Improvements Phase II ~-,- Neighborhoods .- -- Biscayne Point Area Streetscape GO Bonds $1,245,000 $12.927 $0 $0 $0 Improvements Phase III .. Neighborhoods . .. Biscayne Point Water Line Replacements Water & Sewer 2000 $200,000 $0 $0 $2,077 $0 Bonds 1=.----.-----.. Stormwater 2000 .. . Biscayne Beach Drainage Improvements $( $0 $0 $0 $0 Bonds (misc.) Biscayne Point Neighborhood Total $4,349,500 2. North Shore Neighborhood & Park View Island ~._. GO Bonds . North Shore and Park View Island $1.021.80( $10,610 $0 $0 $0 ~ghborhood Streetscape: Phase I Neighborhoods GO Bonc{s _. North Shore and Park View Island $2,681,300 $27.841 $0 $0 $0 ~ghborhood Str~etscape -ehase II Neighborhoods North Shore and Park View Island GO Bonds $412,150 $4.279 $0 $0 $0 ~ghborhood S!reetscape -.phase III Neighborhoods North Shore Water Line Replacement Water & Sewer 2000 . .. Bonds $2,239,304 $0 $0 $23,251 $0 North Shore Neighborhood & Park View Is. Total $6,354.554 3. Normandy Shores Neighborhood ~... GO Bonds ~-_._- Normandy Shores Neighborhood $1,186,500 $12.320 $0 $0 $0 ~trEletscape - i'hase I . ____. Neighborhoods GO Bonds .- - -- Normandy Shores Neighborhood $2,206,500 $22.911 $0 $0 $0 ~treetscape -phase II Neighborhoods Stormwat"r 2000 - -- Normandy Shores Stormwater $3,711,391 $0 $38,536 $0 $0 Infrastr~cture Upgrade Bonds Normandy Shores Water Line \Nater & Sewer 2000 .- Infrastructure Uoorade Bonds $1.711.304 $0 $0 $17,769 $0 $8.815.695 4. Normandy Isle & Normandie Sud Neighborhood Normandy Isle & Normandy Sud GO Bonds $1,452,500 $15,082 $0 $0 $0 ~ghborhood Streetscape - Phase L . Neighborhoods Normandy Isle & Normandy Sud GO Bonds $1,452.500 $15,082 $0 $0 $0 l"-eighborhood. Streetscape - Phase. II Neighborhoods - .-- Normandy Isle & Normandy Sud GO Bonds $1.245,000 $12,927 $0 $0 $0 l\@igt1borhood Streetscape- Phase ilL Neighborhoods - .- Normandy Isle I Normandy Sud Water & Sewer 2000 $3,316,696 $0 $0 $34,438 $0 ~structure LJpgrade Bonds Normandy Isle I Normandy Sud Stormwater 2000 $552,783 $0 $5,740 $0 $0 Infrastructure Uoarade Bonds $8.019.479 _.,---- - Attachment 7 FY 2001 Program Management Allocations for Neighborhood Improvements Total 6-Year Funding as Basis 10f5 01/2212001 H&Z PM FY 2001 CIP-CMBPWS&I.xls Neighborhood Funding Source Project Allocation for PM (Total Amount Basis) Funding Project Title 6 VrTotal GO Bond SW Bond W&S Bond S.P. TIF 5. La Gorce Neighborhood -~.. -- ~- -~- La Gorce Neighborhood Streetscape - GO Bonds $103,693 $1,077 $0 $0 $0 Phase I (Pine Tree to I'J. Bay R~ Neighborhoods La Gorce Neighborhood Streetscape - GO Bonds $96.307 $1.000 $0 $0 $0 Phase II (Lake~ View) . Neighborhoods Lake View Drive Stormwater Improvements Stormwater 2000 . ~ Bonds $817,934 $0 $8,493 $0 $0 c---=-----.~-~.---. Stormwater 2000 - La Gorce Park Stormwater Improvements $461,700 $0 $4.794 $0 $0 Bonds $t,479,6~ 6. Oceanfront Neighborhood Oceanfront - Street Ends Landscape and GO Bonds $4,260,500 $44,238 $0 $0 $0 Pedestrian Improvements, 25th to 43rd. Neighborhoods .- Collins Ave - 12" WM extension Arthur Water & Sewer 2000 $984.209 $0 $0 $10.2t9 $0 Godfrev Rd to 44th St Bonds $5,244,709 7. Nautilus Neighborhood Nautilus Neighborhood Streetscape.- GO Bonds - Phase II (Nautilus Wesll ~ Neighborhoods $2,730,875 $28,355 $0 $0 $0 Nautilus Neighborhood Streetscape - GO Bonds - Phase III ICollectors Traffic Calming) Neighborhoods $991,750 $10,298 $0 $0 $0 Middle Beach Improvements Plan Phase I, Water & Sewer 2000 - ..~ -- Nautilus Bonds $2,211.130 $0 $0 $22,959 $0 -- .-- - Middle Beach Improvements Plan Phase Stormwater 2000 $3,347,651 $0 $34,759 $0 $0 III Nautilus Bonds $9.281,406 8. Bayshore Neighborhood, & Sunset Islands ..- -.- Bayshore Neighborhood Streetscape - GO Bonds $2,394,125 $24,859 $0 $0 $0 Phase I IBayshore) (not inCluding Chase Av. \ Neighborhoods - - Middle Beach Improvements Plan Phase II Stormwater 2000 $4,046,788 $0 $42.019 $0 $0 Bavshore \ Bonds .-- Bayshore Neighborhood Streetscape - GO Bonds $499.000 $5,181 $0 $0 $0 Phase II (Lower North Bay Road) Neighborhoods Lower North-Bay Road Water Infrastructure Water & Sewer 2000 ~ - Uoarade Bonds $547,826 $0 $0 $5,688 $0 Lower North Bay Road Drainage ~ Stormwater 2000 - .- Infrastructure Upgrade_~. Bonds $1,362,261 $0 $14.145 $0 $0 GO Bonds . - Bayshore Neighborhood Streetscape - $400.000 $4,t53 $0 $0 $0 Phase III (Flamin~_ Neighborhoods Water & Sewer 2000 - Flamingo Drive Water Line Improvements Bonds $848,504 $0 $0 $8.810 $0 ----_.--- Stormwater 2000 Flamingo Drive Drainage Improvements Bonds $100,969 $0 $t,048 $0 $0 ':-----c- -.- GO Bonds -. ~- Sunset Islands Enhancements - not including $165,000 $1,713 $0 $0 $0 entrance lane (Bayshore Ph VI) Neighborhoods =--~---_.- Stormwater 2000 - --~- Sunset Islands Stormwater Improvement $536,087 $0 $5,566 $0 $0 Bonds -.-'---"-'---' . Attachment 7 FY 2001 Program Management Allocations for Neighborhood Improvements Total 6-Year Funding as Basis 20f5 01/2212001 H&Z PM FY 2001 CIP-CMBPWS&l.xls Attachment 7 FY 2001 Program Management Allocations for Neighborhood Improvements Total 6-Year Funding as Basis Neighborhood Funding Source Project Allocation for PM (Total Amount Basis) Funding Project Title 6 Yr Total GO Bond SW Bond W&S Bond S.P. TIF Sunset Islands Waterline Replacement and Water & Sewer 2000 $2,133.652 $0 $0 $22,154 $0 ~~aqueousYorcemain Replacement _ Bonds _m GO Bonds -~ - f--~ Lake Pancoast Streetscape (Bayshore $896.37< $9,307 $0 $0 $0 ~se IV) ~ ~ _____ Nei9hborhoods ~GO Bonds - 1---- 40th Street Streetscape (Bayshore Phase $494,OOC $5,129 $0 $0 $0 Vl Nei9hborhoods $t4,424,587 9. City Center Redevelopment Area District Convention Center Streetscape unfunded u $0 $0 $0 $0 $0 Convention Center Stormwater Stormwater 2000 -- Imorovements Bonds $3,421,962 $0 $35,531 $0 $0 $3,421.962 10. Flamingo I Lummus Neighborhood Flamingo North Neighborhood Streetscape GO Bonds - (not including Espanola Way) Neighborhoods $1,015,125 $10,540 $0 $0 $0 Flamingo North Water & Sewer Water & Sewer 2000 $2,270.42e $0 $0 $23,574 $0 I nfrastruct~re Bonds Flamingo North Drainage Infrastructure Stormwater 2000 - .- Bonds $3.784,043 $0 $39,291 $0 $0 Flamingo East Neighborhood Streetscape GO Bonds $732,750 $7,608 $0 $0 $0 Neighborhoods Flamingo Pari< East Water & Sewer - Water & Sewer 2000 - Infrastructure Bonds $1,134.282 $0 $0 $11,777 $0 Flamingo Park East Drainage Infrastructure Stormwater~2000 $1.693,240 $0 $17,581 $0 $0 Bonds ~- ~. GO Bonds - ~- - Flamingo West Neighborhood Streetscape $735,625 $7,638 $0 $0 $0 Neighborhoods Flamingo Park West Drainage Stormwater 2000 $1,728,708 $0 $17,950 $0 $0 Infrastructure Bonds Flamingo South Neighborhood GO Bonds ~~- $3,688,000 $38,293 $0 $0 $0 Imorovements Neighborhoods - Lenox and Michigan Avenue Waterline Water & Sewer 2000 $279,913 $0 $0 $2.906 $0 Replacement . Bonds Flamingo South Drainage Infrastructure ~ Stormwater 2000 Bonds $6,132,213 $0 $63,672 $0 $0 Washington Avenue Master Plari, Phases Gen Fund. CCRDA, & - ~and V SPRDA $280,70C $972 $972 $972 $0 ..-----.-.-" - Water 8. Sewer 2000 Washington Ave Streetscapes Bonds $1,596,000 $0 $0 $16,572 $0 Washington Ave Stormwater Drainage Stormwater 2000 - Uoarades Bonds $1,064,00C $0 $11,048 $0 $0 -_.~_..__._- GO Bonds - Flamingo / Lummus Neighborhood $998,00C $10,362 $0 $0 $0 Streetscape Neighborhoods --"-- Water 8. Sewer 2000 ~. .- 16th Street South Waterline Replacement Bonds $1,464,783 $0 $0 $15,209 $0 $28,597,808 --_...~,._------~-- - 30f5 01/2212001 H&Z PM FY 2001 CIP-CMBPWS&I.xls Attachment 7 FY 2001 Program Management Allocations for Neighborhood Improvements Total 6-Year Funding as Basis Neighborhood Funding Source Project Allocation for PM (Total Amount Basis) Funding Project Title 6 Yr Total GO Bond SW Bond was Bond S.P. TIF 11. West Ave I Bay Road Neighborhood West Avenue I Bay Road Neighborhood GO Bonds $1,800,00 $18,690 $0 $0 $0 1m rovements Nei9hborhoods West Avenue Stormwater Improvements Stormwater 2000- $1,271.77 $0 $13.205 $0 $0 Bonds $3,071.770 12. South Pointe Redevelopment Area Third Street Streetscape South Pointe RDA TIF $1.181,050 $0 $0 $0 $13,967 Washington Avenue Streetscape South Pointe-RDA TIF $0 $0 $0 $27,035 Washington and Third Street Public Plaza South Pointe RDA TIF Washington and Third Street Public Plaza GO Bonds Neighborhoods South Pointe Water System Improvements Water & Sewer 2000 $434.226 $0 $0 $4,509 $0 Phase I Bonds _.~- ------ Stormwater 2000 South Pointe Stormwater Improvements $1,181.000 $0 $12.263 $0 $0 Phase I Bonds South Pointe Streetscape Phase II South Pointe RDA TIF $2.956.765 $0 $0 $0 $34.965 Pointe Water System Improvements Water & Sewer 2000 $328,696 $0 $0 $3.413 $0 Phase II Bonds South Pointe Stormwater Improvements Stormwater 2000 $1.345,08 $0 $13,966 $0 $0 Poase II __ Bonds South Pointe Streetscape Phase III South Pointe RDA TIF $2,780,93 $0 $0 $0 $32.886 Meridian Avenue Extension Streetscape GO Bonds $200,00 $2.077 $0 $0 $0 Neighborhoods South Pointe Water System Improvements Water & Sewer 2000 $353,027 $0 $0 $3,666 $0 Phase III Bonds -- --. ~- South Pointe Stormwater Improvements Stormwater 2000 $2,372.543 $0 $24.635 $0 $0 Phase III Bonds -- -'-"-'--~'- South Pointe Streetscape Phase IV South Pointe RDA TIF $3,193.895 $0 $0 $0 $37,769 - - Water & Sewer 2000 South Pointe Water System Improvements $1.152,449 $0 $0 $11.966 $0 Phase IY ,_ Bonds South Pointe Stormwater Improvements -'Stormwater 2000 $946,381 $0 $9,826 $0 $0 Phase IV Bonds ~.- ---- SouthPointe RDA TIF South Pointe Streetscape Phase V $4,513,75 $0 $0 $0 $53,377 -.- -" Stormwate,-2000 South Pointe Stormwater Improvements $1,207,78 $0 $12,541 $0 $0 Phase V Bonds $26,828,181 13. South Islands - Star, Palm, Hibiscus, and the Venetian Islands (Belle, Rivo Alto, Oi Lid Star, Palm, Hibiscus Islands Enhancement GO Bonds $600,000 $6,230 ~$O $0 Neighborhoods ---- Water & Sewer 2000 Palm and Hibiscus Island Water Line $563,186 $0 $~ $5,848 $0 UJ.lgrades Bonds --------~-_._-- 4015 01/22/2001 H&Z PM FY 2001 CIP-CMBPWS&I.xls Neighborhood Funding Source Project Allocation for PM (Total Amount Basis) Funding Project Title 6 Yr Total GO Bond SW Bond W&S Bond S.P. TIF Star Island Water Line Replacement Water & Sewer 2000 $267,391 $0 $0 $2,776 $0 Bonds ~-------- ---- Stormwater 2000 - --- --- Palm and Hibiscus Islands Drainage $2,252,307 $0 $23,386 $0 $0 Improvements Bonds .-. .-.. - Venetian Causeway Master Plan Phase 1- GO Bonds $3,844.150 $39.915 $0 $0 $0 Venetiafllslands __ Nei9hborhoods - -- -- Venetian Islands Water Distribution System Water & Sewer 2000 $2,660,00C $0 $0 $27,619 $0 Uoorade Bonds 0____._____..._ Venetian Islands Stormwater 2000 $3,996.000 $0 $41,491 $0 $0 ~.rmwater Im~rovemen1s Bonds GO Bonds -- -- --- Venetian Causeway Master Plan Phase 11- $1,827,000 $18,970 $0 $0 $0 Causeway Neighborhoods Venetian Islands Wat"ra. Sewer 2000 - Subanueous Wastewater FM Renlacement Bonds $1,145.739 $0 $0 $11.896 $0 $17,155,773 $460,741 $492,457 $290,069 Attachment 7 FY 2001 Program Management Allocations for Neighborhood Improvements Total 6-Year Funding as Basis Summary GO Bond SW Bond W&S Bond S.P. TIF c------ ---- ----- -- - ---- Totals of PM Allocations By Funding Source $460,741 $492,457 $290,069 $200,000 f------- --- - - Total of PM Allocations $1,443,267 PM Allocations Available By Funding Source $8.793,400 $4.373,969 $5,014,497 $3,616,200 _.n.___ ------.-. - Percent Allocated PM Funding to Available Funding 5% 11% 6% 6% ------ ---.....---- ...- - - Percent Allocated PM Funding to Total 6-Year Project Funding 1.04% 1.04% 1.04% 1.18% - 1. Stormwater and Water and Sewer Bond Amounts based on respective Engineer's Report Capital Expenditures Schedule amount for 6 year program. 2. G. O. Bond Streetscape allocations based on total amount approved in G.O. Bond for each neighborhood less allocations for City-wide signage study, traffic counts in certain neighborhoods, and installation of City-wide trash recepticles. 3. G.O, Bond available funding based on first issue amount for G.O. Bond Neighborhoods Fund 373. 4. South Pointe TIF available funding based on total soft cost allowance for Phases I and II 5015 01/22/2001 H&Z PM FY 2001 CIP-CMBPWS&l.xls CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 5?-OI Mayor Neisen O. Kasdin and DATE: January 31, 2001 Members of the City Commission Jorge M. Gonzalez ". A"Y City Manager 0 t"..... Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND HAZEN AND SAWYER, P.C., PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 102- 99/00, TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES IN SUBST ANTIALL Y THE FORM ATTACHED HERETO, FOR ASSIGNED CAPITAL RIGHT .OF -WAY INFRASTRUCTURE PROJECTS FOR A FEE NOT TO EXCEED $13,138,884 OVER A PERIOD OF SIXTY- NINE (69) MONTHS FROM NOTICE TO PROCEED, FUNDING IS TO BE PROVIDED FROM: SERIES 2000 GENERAL OBLIGATION BOND FUND, SERIES 2000 WATER AND SEWER REVENUE BOND FUND, SERIES 2000 STORMWATER REVENUE BOND FUND, AND FROM THE SOUTH POINTE TAX INCREMENT FINANCING FUND; AND FURTHER, APPROPRIATING $1,443,267 FOR PROFESSIONAL FEES FOR THE CURRENT FISCAL YEAR THROUGH SEPTEMBER 30, 2001, WITH $460,623 TO BE PROVIDED FROM SERIES 2000 GENERAL OBLIGATION BONDS, $290,113 FROM THE SERIES 2000 WATER AND SEWER REVENUE BOND FUND, AND $492,531 FROM THE SERIES 2000 STORMWATER REVENUE BOND FUND, AND $200,000 FROM THE FY 2001 SOUTH POINTE TAX INCREMENT FINANCING FUND. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. FUNDING: Funds are available from: the Series 2000 General Obligation (G.O.) Bond Issue, Fund Number 373, Water and Wastewater Bond Fund Number 424, and the Storm Water Bond Fund Number 428, and FY 2001 South Pointe Tax Increment Financing Fund Number 167. AGENDA ITEM P,7A /-3/-01 DATE ANALYSIS: On November 2, 1999, the voters within the City approved the issuance of approximately $92 Million of General Obligation Bonds for a number of public improvements, approximately $58 Million of this amount will be used for capital right-of-way infrastructure projects. Other funding for these right-of- way projects totaling $128 Million include: $60 Million from the Stormwater Revenue Bond Issue, Series 2000, and $68 Million from the Water and Sewer Revenue Bond Issue, Series 2000. In addition, the South Pointe Tax Increment Financing (TIF) Fund will provide approximately $28 Million toward the South Pointe Streetscape Project, for a combined total of approximately $214 Million in Capital improvements within the public rights-of-way over the next six (6) years, from these sources. Due to the large number of proposed projects, the complexity of the proposed work, and the difficulty of managing the large number of planned projects, alternate solutions were sought by the Administration to assure that these activities were managed effectively. As the various right of way infrastructure projects progress from planning to design, construction and operation, the requirement for oversight of design and construction activities becomes essential to Program success. This need becomes more prevalent when considering the magnitude of the number of projects being undertaken, the likelihood that individual project phases will overlap with other improvements, and the potential impact on the day-to-day life ofthe residents of the City. The Administration determined to supplement existing staff through obtaining outside assistance in managing these projects by retaining a firm with extensive experience in Program Management, that is, the administration of the planning, design, construction and implementation process of the capital improvements being planned. Proposed program and construction management services include a variety of administrative tasks as summarized in Attachment 3 to this Memorandum. Services to be provided include the administration and construction supervision of approximately 65 infrastructure improvement projects within thirteen City neighborhoods over a period of six years. Toward this goal, the Administration proposed a three-pronged approach to managing the proposed Capital Improvement Projects which are expected to total over $300 Million during the next few years, as shown in Attachment 1. This Attachment shows that the large number of Capital Projects planned to be undertaken will be divided into three administrative categories. These categories will be managed by three entities: . Infrastructure projects are proposed to be managed by Hazen and Sawyer, P.C. (H&S) . Facilities and selected Parks projects will be managed by another Program Management firm to be selected. . Other right-of-way projects and the remaining Parks projects will be managed by the Construction Management Division of the Public Works Department. In order to implement the Administration's three-pronged management concept, on June 2, 2000, pursuant to the authorization of the City Commission, the Administration issued Request for Qualifications (RFQ) Number 102-99/00 seeking responses from qualified firms with experience and capability to provide professional program management services for capital right-of-way projects within the City. Five (5) firms submitted proposals detailing their qualifications for the proposed work. An Evaluation Committee was appointed by the City Manager to review the proposals. This Committee met on August 23, 2000 and determined a point system to use in evaluating the proposals received. The Committee invited all five (5) firms to present their qualifications directly to the Committee on September 28, 2000. Following this meeting, the Committee recommended the firm of Hazen and Sawyer, P,C. (H&S), to the City Manager as best qualified to undertake this work. Subsequently, the Administration received authorization under Resolution No. 2000-24140, adopted on October 18, 2000, to enter into negotiations with H&S to define the terms of service and the fees to be paid for the work to be performed. On November 27, 2000, a City Commission Workshop was held where representatives of H&S made an extensive presentation describing the fundamentals of the program, See Attachment 6, where the salient points of the presentation are summarized. Attached is the proposed Agreement between the City and H&S outlining the terms and conditions of service. Under this Agreement, the H&S program management team will provide the necessary administration of planning, design and construction tasks as a number of the projects will proceed concurrently over the course of the next six years. Program management will help accomplish the City's goals by reviewing project implementation priorities and limiting the duplication of efforts through the grouping of projects into specific packages. In addition, standards will be established to ensure that all contract documents are uniform, linked, and integrated with other ongoing and future elements of the Program. In addition to the tangible benefits of this program, it is expected that the City will realize intangible benefits from the arrangement in that City Staff will be exposed to these professional's procedures, and the computer technology supporting their project administration activities; furthermore, a formal process will be established for assuring that we receive all "as-built" drawings, maps, project files, and data at the conclusion of each project. H&S has agreed to provide the services described as Tasks 1 through 6 (described in Attachment 3 to this Memorandum) for a "not-to-exceed" fee of $12,298,334. The Agreement is to operate over a six-year contract term for the projects listed in Attachment 2 to this Memorandum (Exhibit "A" to the Agreement). Billing under the Agreement is based on labor hours expended, not on a percentage of construction cost. H&S' s Professional staff will bill for actual hours expended to the program with a billing limit of 40 man hours per week. Labor expenses for the professional staff above and beyond the 40-hour work week, as well as other direct costs deemed to be non-reimbursable by the program, will be provided at no cost to the City. Due to the uncertainty involved with project planning, development and implementation, the contract was structured to allow the City to review allocated manpower on an annual basis. Therefore, the City has the ability to review proposed manpower allocations and adjust the allocations accordingly so that the Agreement amount is not exceeded. The City will also have the opportunity to review actual versus proposed project schedules to establish the appropriate level of manpower based on the projects assigned to Hazen and Sawyer. The Agreement provides a termination clause "for cause", or for the convenience of the City, with a 30-day notice period. Key H&S staffwill be assigned to the project full-time to coordinate and administer the program. The list of projects proposed to be assigned to H&S is shown in Attachment 2 to this Memorandum, and is included as Exhibit "A" to the attached Agreement. The proposed scope of work to be accomplished by H&S is quite extensive and is summarized in Attachment 3, and is described in detail in Exhibit "B" to the Agreement. H&S provided fee estimates to perform additional support services, such as alternative funding analysis, surveying, and a public information program, which may include: an internet web site, community outreach, and a community liaison program. The total fee estimate for Task 7- Support Services is estimated at $840,550, for a total Program Management fee estimate of $13,138,884. The City can authorize all or a portion of the Task 7 services, as deemed necessary during the program period. The following services are available on an as-needed basis: . The creation and maintenance of a special internet web site which will provide the public with a continuing picture of the status of projects and the plans for the future, as well as a description of projects already completed and put into service. . Public information hotline - Provide a single telephone number that is widely publicized for the purpose of providing information about on-going construction activities, and where citizens can voice their comments, concerns and complaints. The requests for information and complaints will be logged and responded to within 24-hours. Written reports on the handling of each such inquiry or complaint will be provided to the Administration for review and follow-up, if appropriate. . Community Involvement and Public Information Program - In addition to the public meetings in the Design Phase Program Management Services, H&S working in concert with City staff, will implement a community involvement program to keep affected residents abreast of Program status. The objectives of the community involvement program are to inform and educate the public about program elements and benefits. This will allow H&S to provide residents with accurate and timely information, and discuss the impact of the City's Program from the resident's perspective. In addition to these general meetings detailed above, specific detailed meetings will be held in each neighborhood to provide additional information for residents and businesses that will be directly impacted by the Program. Follow-up activities may include, but not be limited to: phone calls, additional meetings, correspondence, or development of additional informational materials. The City will assign a representative to each geographical area to serve as the focal point to receive comments and concerns from City residents and business owners. . The objective of the Public Information Program is to generate community understanding of the program, and may include, but not be limited to the following: . Inform and educate the general public, visitors and business owners of the overall program elements and benefits. . Prioritize the issues that have direct impact on residents, visitors and businesses. . Implement components of an ongoing public information campaign that will keep the public well informed about the program, highlight the progress of the program, and emphasize the importance of developing a comprehensive infrastructure system for the City. . Inform the public about construction time lines over the next six years. . Develop materials and information, written in everyday terms, that give the public an accurate picture of the Program's progress. . Encourage community participation in the plarming phases of neighborhood projects. ~ Public Meetings - Due to the size and magnitude of the Program, H&S will hold one meeting in each of the Neighborhoods to inform the public on the Program and to specify work that will be ongoing in the respective areas. Materials will be printed in both English and Spanish. Administrative staff reviewed local program I construction management costs for projects of similar size and complexity within the tri-County area and determined that typical program I construction management services range between 6% (site specific construction) and 16% (City wide programs) of total construction costs. Hence, the Administration's review indicates that the negotiated individual labor rates as well as the total program fee are very competitive in the professional services marketplace. Additionally, H&S has provided assurances that they will not enter into a like contract within Florida, with a lower overall percentage profit potential for the firm during the life of the Program Management Agreement. Since FY 2001 activities will be focussed on laying the groundwork and planning the overall program, the cost ofH&S's services for the first year have been divided among the three bond issues. In future years, these costs will be allocated among the funding sources based on the type of improvements plarmed, and the estimated extent of Program Management services required. H&S intends to establish an office in Miami Beach to house the program management staff servicing City projects, this office will include: the Program Manager, Deputy Program Manager, Engineering I Plarming Manager, Construction Managers and other key staff. In addition, the office will serve as the base of operations for H&S's construction observation staff. Based on the current schedule, it is estimated that at the maximum, in 2004, H&S will have 17 employees working in the management of City projects assigned hereunder. H&S's anticipated staffing levels by year, are shown in Attachment 4. During 2001, the first year of operation, H&S will develop a program work plan, create a Program Master Schedule, provide a Master Program Cost Model and produce monthly Program Management Status Reports. During the first year, H&S will coordinate the planning and design of neighborhood infrastructure programs, establish overall phasing programs and assume management of the South Point Streetscape Phase 1, the Washington Avenue Streetscape, and the Venetian Causeway Projects, the budget for the first fiscal year of operation (approximately nine months remain in the current fiscal year) is proposed to be $1,443,267. Fee estimates were based upon proposed manpower allocations and hourly billing rates for the Agreement contract term. City administrative staff reviewed other local program management programs of comparable size within the Miami-Dade, Broward and Palm Beach County area to compare H&S's hourly billing rates with billing rates approved in other programs. It was determined that the proposed hourly billing rates were less than or equivalent to those rates charged on other programs. A verification ofH&S's raw labor rates and audited overhead was performed after establishing the hourly billing rates. The City's G.O. Bond Oversight Committee, at a special meeting on January 22, 2001, reviewed the Draft Agreement and recommended to the City Commission approval of the contract and the FY 2001 G.O. Bond allocation. The Administration recommends that the Mayor and City Commission adopt the Resolution approving and authorizing the Mayor and City Clerk to execute an Agreement between the City of Miami Beach and Hazen and Sawyer, P.C" pursuant to Request for Qualifications (RFQ) No. 102-99/00, to provide professional Program Management services for assigned capital right-of-way infrastructure projects, for a fee not to exceed $13,138,884 over a period of sixty-nine (69) months from Notice to Proceed, funding to be provided from: Series 2000 General Obligation Bond Fund, Series 2000 Water and Sewer Revenue Bond Fund, Series 2000 Stormwater Revenue Bond Fund, and from the South Pointe Tax Increment Financing Fund; and further, appropriating $1,443,267 for professional fees for the current Fiscal Year through September 30, 2001, with $460,623 to be provided from Series 2000 General Obligation Bonds, $290,113 from the Series 2000 Water and Sewer Revenue Bond Fund, $492,531 from the Series 2000 Stormwater Revenue Bond Fund, and $200,000 from the FY 2001 South Pointe Tax Increment Financing Fund. (Funding is allocated by neighborhood as shown in Attachment 7.) JMG~/PDW/RM/C~ F:\WORK\SALL\CAH\RESO\H&SRVISD.MEM ~ .. AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND HAZEN AND SAWYER FOR PROGRAM MANAGEMENT SERVICES TO MANAGE CONSTRUCTION PROJECTS WITHIN THE PUBLIC RIGHT-OF-WAY PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 102-99/00 THIS AGREEMENT, dated as of the 3/ .sr day of JA-NU A-fU.-}-, 2001, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation duly organized and existing under the laws of the State of Florida (CITY), and HAZEN AND SAWYER, P.C., a New York corporation having offices at 4000 Hollywood Blvd., Suite 750N, Hollywood, Florida 33021 (CONSULTANT). WITNE S SETH: WHEREAS, on November 2, 1999, the City of Miami Beach voters approved the issuance of an approximately $92 Million General Obligation (G.O.) Bond for Neighborhood, Parks and Beach, and Fire Safety Improvements, of which $57 Million is allocated for capital right-of-way infrastructure projects; and WHEREAS, in addition to the allocation of $57 Million from the G.O. Bond issue, the Administration proposes that a portion of the recently completed Water and Wastewater Bond issue, and the proposed Stormwater Bond issue, be allocated for cllPital right-of-way infrastructure improvements as well; and WHEREAS, the estimated total is $187 Million for infrastructure projects, to be completed over the next six (6) years; and WHEREAS, on May 24, 2000, the Mayor and City Commission adopted a Resolution authorizing the issuance of the RFQ from qualified firms with the experience and capability to provide professional program management services for the aforestated capital right-of-way infrastructure projects within the City; and WHEREAS, at it regular meeting on October 18, 2000, the Mayor and City Commission accepted the ranking of the Evaluation Committee convened to consider the merits of each proposal and response to the RFQ, as well as the City Manager's recommendation therein, and authorized the Administration to enter into negotiations with the top-ranked firm of Hazen and Sawyer, P.C.; accordingly, the CITY and CONSULTANT, have negotiated the foregoing Agreement for Program Management Services to manage construction projects within the public right-of-way. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows. ARTICLE 1 DEFINITIONS For purposes of this Agreement, the terms defined in Article 1 shall have the following meanings and the other provisions of this Article 1 shall apply: 1.1 City: The "City" (or "Owner") shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. The City, as a governmental entity, is subject to the availability of funds and annual appropriation of funds by its legislative body and other governmental authorities or sources of revenue, in an amount to allow continuation of its performance under this Agreement. In the event of lack of funding for this Agreement, or a project subject to this Agreement, this Agreement may be terminated by the City pursuant to the procedures set forth in Article 9. 1.2 City Commission: "City Commission" shall mean the governing and legislative body of the City. The City Commission shall be the final authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreernent. 1.2.1 The City Commission shall be the body to consider, comment upon, or approve of any amendments or modifications to this Agreement. 2 1.2.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein, or any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporation. 1,2.3 All City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, as determined by the City if applicable or required, by the execution of an appropriate amendment to this Agreement. 1.2.4 The City Commission shall hear appeals from the Administrative decision of the City Manager upon the Consultant's written request, in which case the Commission's decision shall be final. 1.2.5 The City Commission shall approve or consider all contract amendments which exceed the sum of Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified by the City of Miami Beach Code in its Procurement Ordinance, as same may be amended from time to time. 1.3 City Manager: The "City Manager" shall mean the Chief Administrative Officer of the City, The City Manager shall be construed to include any duly authorized designees, including, a Program Coordinator, and shall serve as the City's representative to whom administrative requests for approval 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 pursuant to the Scope of Services set forth in this Agreement, as same may be amended from time to time. 3 1.3.1 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 he shall attempt to render Administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's work. 1.3.2 The City Manager shall additionally be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that he cannot increase the Consultant's compensation or other budgets established by this Agreement. 1.3.3 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. 1.3.4 The City Manager shall additionally be the sole representative of the City authorized to issue a Notice to Proceed as referenced in Article 6.3 herein. The City Manager may consider, comment upon, or approve modifications in accordance with applicable laws and ordinances. 1.3.5 The City Manager may approve contract amendments which shall not exceed the sum of Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified by the City of Miami Beach Code, in its Procurement Ordinance, as same may be amended from time to time. 1.3.6 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. 1.4 Proposal Documents: "Proposal Documents" shall mean Request for Qualifications No.1 02-99/00 entitled, "Program Management Services to Manage Construction Projects within the Public Right-of-Way" (the RFQ) issued by the City in contemplation of this Agreement, together with all amendments thereto, if 4 any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the proposal and this Agreement, this Agreement shall prevail. 1.5 Consultant: "Consultant" is herein defined as Hazen and Sawyer, P.C., a New York corporation having offices at 4000 Hollywood Blvd., Suite 750N, Hollywood, Florida 33021. 1.5.1 As part of the services to be provided by the Consultant pursuant to this Agreement, the parties contemplate that Consultant shall be required to perform general engineering services. To that end, all engineers required in order to fulfill the services contemplated by this Agreement, shall be duly licensed and certified by the State of Florida to engage in the practice of engineering in this State. Similarly, any and all special inspectors, as and if required pursuant to this Agreement, shall be duly certified, licensed and registered under Chapter 471, Florida Statutes, as an engineer, or under Chapter 481, as an architect, and shall additionally possess the requisite occupational license from the City and the County. Project Field Representatives are not special inspectors as the term is utilized in this Paragraph. 1.5.2 The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement, as well as the services, responsibilities and liabilities of any subconsultants, and any other person or entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any subconsultants and any other person or entity acting under the direction or control of Consultant. Any subconsultants retained by Consultant pursuant to this Agreement and the Program, must receive the prior written approval of the City. 5 1.6 City's Program Coordinator: The "City's Program Coordinator" shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to this Agreement, except as otherwise provided herein. 1.7 The Program: The estimated $187 Million Program for Capital Right-of-Way Infrastructure Projects undertaken and to be completed by the City over an estimated period of six (6) years; said Program consisting of the Projects identified in Exhibit A. 1.8 The Projects: Each of the individual improvements to be constructed or installed in connection with the Program, which may include, without limitation, Citywide Water, Wastewater and Stormwater Improvements, as well as a variety of streetscape enhancement projects. A listing of anticipated Projects to be performed under the scope of this Agreement is included as Exhibit A, attached hereto and made a part hereof. 1.9 Force Majeure: "Force Majeure" shall mean any delay occasioned by superior or irresistible force(s) occasioned by violence in nature without the interference of human agency such as hurricanes, tornados, flood and loss caused by fire and other similar unavoidable casualties; changes in federal law, state or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on the Program, or any of the Projects therein; other causes beyond the parties control; or by any other such causes which the City and the Consultant 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. 6 1.10 Contractor: "Contractor" or "Contractors" shall mean those persons or entities responsible for performing the construction work or providing the materials, supplies and equipment identified in the bid and contract documents for the Program, or any of the Projects included and contemplated therein. 1.11 Contract Amendment: "A Contract Amendment" shall mean the written order to the Project Manager approved by the City, as specified in this Agreement, and signed by the City's duly authorized representative, authorizing a change in a Project or the method and manner of performance thereof, or an adjustment in the fees or completion dates, as applicable. Contract Amendments shall be approved by the City Commission if they exceed Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or by the City Manager if they are Twenty- Five Thousand Dollars and 00/100 ($25,000.00) or less in amount (or such other amount as may be specified by the City of Miami Beach Code, in its Procurement Ordinance, as same may be amended from time to time). Even for Contract Amendments for less than Twenty-Five Thousand Dollars and 00/1 00 ($25,000.00) the City Manager shall retain the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendments. Additionally, all Contract Amendments shall be reported as informational items to the General Obligation Bond Oversight Committee and, whenever possible, prior to their submittal for consideration by either the City Manager or the Mayor and City Commission, as prescribed herein. 1.12 Design Professionals: The consulting engineers, architects, and other consultants retained by the City to provide for the design of the improvements to be constructed under the Program, and design related services during construction of the Projects. (Note: As used in Exhibit B to this Agreement, the terms "AlE", and/or "AlE Consultant," shall be deemed to refer to Design Professionals, as defined herein and as the term may be used in the body of this Agreement). 1.13 Program Cornpletion: "Program Completion" shall be defined as that date which is sixty-nine (69) 7 months from the issuance of the first Notice to Proceed by the City, as provided in Article 6.3, and shall also refer to the date of the end of the initial term of this Agreement, as provided in Article 4.1. ARTICLE 2 SCOPE OF SERVICES 2.1 In General The Consultant will generally provide the services necessary to implement the series of Capital Right-of-Way Infrastructure Projects that together comprise the Program. The initial Projects to be included under the Scope of this Agreement are attached and incorporated to the Scope of Services attached and incorporated hereto as Exhibit A. It is recognized that Consultant's work effort and manpower summary are based upon a sixty-nine (69) month Program duration and the Project listing presented in Exhibits A and C, respectively. The parties recognize that additional Projects may subsequently be identified that fall within the Program, due to scheduling or other requirements. If the City determines, in its sole and exclusive discretion, that such Projects may be included within the Scope of this Agreement then, subject to negotiation and agreement of the parties as to the terms thereof, any such additional Projects shall be reflected in an amendment to this Agreement. Generally, Program Management Services shall be provided by the Consultant for a variety of administrative duties including, General Program Management; Planning Phase Program Management; Design Phase Program Management; Construction Phase Program Management; Construction Observation; and miscellaneous (upon request) support services, Each of these types of services shall be provided by the Consultant, working in concert with the City, the City's Design Professionals, and Contractors. 2.2 Basic Services The Basic Services to be performed by Consultant are as set forth in this Article 2, and as more specifically set forth in Exhibit B, attached and incorporated hereto (collectively, "Scope of Services" or "Basic Services"), The Basic Services include, but are not limited to, General Program 8 Management Services; Planning Phase Program Management Services; Design Phase Program Management Services; Construction Phase Program Management Services; and Field Observation Program Management Services. 2.2,1. It is the intent of the parties that the Program, consisting of several separate Projects, be administrated and implemented in a cost effective and time efficient manner. The construction process shall have minimal impact on the City, its residents and visitors, and the completed Project shall meet the aesthetic, functional and maintenance criteria established by the City, and in the manner consistent with comparable public Right-of-Way Infrastructure Projects. 2.2.2 The Consultant shall be responsible for administering the City's contracts with the Design Professionals and Contractors for the Projects, and for complete coordination of all design efforts and construction so as to result in a unified, finished product and minimum interference between Projects. , 2.2.3 The Consultant shall provide complete documentation and control of documents to effect timely performance by all entities and support for defense of claims and litigation. 2.2.4 The Consultant is expected to provide professional support in areas such as, but not limited to, contract scoping, plan reviews, evaluation of completeness of submittals, payment submittals, etc., as would be typical for management of any program of this magnitude. 2.3 Basic Services to be Primarily Performed by Key Personnel Consultant shall provide the Basic Services, including any necessary, incidental and related activities and services required by the Basic Services and contemplated in Consultant's level of effort. The parties acknowledge that is it intended that the Key Personnel, identified in Exhibit C, attached and incorporated hereto, shall be primarily responsible for providing the Basic Services. Specific or daily services to be performed by Consultant may be identified in directives or instructions of the City's Program Coordinator. The Consultant must receive the prior written consent of the City's Program Coordinator before utilizing any personnel, other than those named in Exhibit C, to provide Basic Services. The Consultant shall use its best efforts at all times to cause the work to be performed in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the City. All Basic Services will be provided to ensure that 9 all design and construction work will be generally consistent with the Program and the specific Projects contemplated therein. 2.4 The design management and design review services of the Consultant will not include design work. The design and construction contracts that are required in connection with the Program will be separately entered into by the City, utilizing the procurement procedures under applicable state law as well as pursuant to the Miami Beach City Code, in its Procurement Ordinance, as same may be amended from time to time. 2,5 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 Program. If, during the course of the performance of the Services contemplated in this Agreement, Consultant determines that work should be performed to complete the Program which is in the Consultant's opinion, outside the level of effort originally anticipated, whether or not the Scope of Services identifies the work items, Consultant shall notify the City's Program Coordinator, in writing, in a timely manner, and obtain said Program Coordinator's consent, before proceeding with the work. If Consultant proceeds with said work without notifying and obtaining the consent of the City's Program Coordinator, said work shall be deemed to be within the original level of effort, and deemed included as a Basic Service herein, whether or not specifically addressed in the Scope of Services. Notice to the City's Program Coordinator does not constitute authorization or approval by the City to perform the work. Performance of work by Consultant outside the originally anticipated level of effort without the prior written consent of the City shall be at Consultant's sole risk. 2.6 Staffing/Program Management Services. 2.6.1 Due to the nature of the services included in this Agreement, and to ensure the timely completion of the Program, Consultant shall provide a dedicated level of effort through the staffing of the Key Personnel identified herein, to be located in an office to be established by Consultant within the City of Miami Beach, said office to house the baseline Program Management staff, including the Program Manager, Deputy Program Manager, Engineering/Planning Manager, 10 " Construction Manager and other key staff, and further serving as the base of operations for the construction operation staff for the duration of this Agreement. Consultant's Key Personnel are identified by name in Exhibit C, attached and incorporated herein. The Key Personnel indicated in Exhibit C, shall provide services for the Program for the duration of this Agreement and shall be wholly committed to the execution of the services required for the Program, unless changed, removed, or replaced by the City as provided in Articles 2.6.4 and 2.6.5, The Key Personnel identified in Exhibit C, shall relocate to Consultant's aforestated office, to be located within the City of Miami Beach, and they shall further reside in the South Florida area for the term of their assignment on the Program. 2.6.2 Consultant shall at all times furnish sufficient and adequate personnel, as may be required and approved by the City, to perform or assist in performing all required functions in the quantities, specialty areas, and job classifications and for such duration as may be necessary for the performances of all services under this Agreement and in accordance with the staffing schedule (Manpower Summary) shown in Exhibit C, attached and incorporated hereto. It is the intent of the parties that Exhibit C shall be amended, if necessary, and as may be directed or approved in writing by the City, to reflect the level of effort contemplated for subsequent contract years, as may be reflected in amendments establishing compensation for such subsequent contract years. 2.6.3 The parties acknowledge that at certain times (such as phase-in of the Program, phase- out, and certain interim periods) the staffing levels may need to be increased or decreased. Therefore, the staffing schedule in Exhibit C may be increased or decreased based upon the written instructions of the City's Program Coordinator, which shall take into account Program status and work load. The Consultant's duties and Basic Services described in this Agreement and Exhibit(s) hereto shall be primarily performed from the Consultant's Office to be established in the City of Miami Beach. Ifrequired, Consultant, in consultation with the City, shall also establish and staff such other temporary field offices within the City as are required to facilitate construction for each of the Projects, such as trailers co-located with the various Contractors. It is understood that any temporary field offices will be supplied by others. 2.6.4 The Parties acknowledge that it is their intent, absent special circumstances, that the Key Personnel shall be designated to the Program for the duration of this Agreement. Consultant 11 . . will provide the Key Personnel identified by name in Exhibit C for the Program as long as said personnel are in Consultant's employment. The Key Personnel identified in Exhibit C will not be changed, removed, or replaced, without the prior written approval of the City. The City shall not unreasonably withhold approval of replacement staff. In the event the City shall give approval for the replacement, change or removal of any Key Personnel, the Consultant shall bear the costs of all relocation expenses associated with such event. Consultant shall provide the City with such information as is necessary to determine the suitability of proposed new Key Personnel, including without limitation, evidence of its ability to continue to render unimpaired services under this Agreement, including quality and schedules. 2.6.5 Other than as set forth in Section 2.6.1, above, pertaining to Key Personnel, the City shall have the right to require replacement of any of Consultant' s staff with persons that have been approved by the City. In such event, the Consultant shall bear the costs of all relocation expenses. If the City desires to request removal of any of Consultant's staff, the City shall first meet with Consultant and provide reasonable justification for said removal. 2.7 Codes/Re~lations Consultant, as it relates to its work, represents and acknowledges to the City that it is knowledgeable of codes, rules and regulations applicable in the jurisdictions in which the Program is located, including without limitation, local ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Laws, rules and regulations and Federal laws, rules and regulations. The Consultant agrees to comply with such laws, codes, rules, and regulations now in effect and as may be amended or adopted at any time during the term of this Agreement, and shall further take into account known pending changes to the foregoing. The Consultant shall review all Program construction contract documents and require that the Design Professionals insert the required City, County, State, and Federal requirements. 2.8 Information Consultant is responsible for dissemination of all Program information to all applicable City personnel, departrnents, agencies, boards, and committees, as designated by the City's Program Coordinator" including, without limitation, the General Obligation Bond Oversight Committee, and 12 . , the Mayor and City Commission at such designated regularly scheduled City Commission meetings, This shall include, but not be limited to, copies of all estimates, proposals, accounts, reports, and other written information required by the City's Program Coordinator to be disseminated in connection with the Program. With respect to the Support Services identified in the Scope of Services attached and incorporated as Exhibit B hereto, relating to the Community Involvement and Public Information Program, such shall include provision of information to the general public, visitors and business owners regarding the Program and the individual Projects. 2.9 Chan~es Consultant shall not have authority, without first consulting with and obtaining the written approval of the Program Coordinator, to order a material change in the drawings or specifications for any Project, or take any action or approve any change which increases the cost of the Program or any Project, or the time of performance of any work. 2.10 Qualifications and Licensin~ 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. 2.11 Technical Accuracy Design Professionals shall be responsible for the technical accuracy of their respective documents. Notwithstanding the preceding sentence, Consultant shall be responsible for the coordination of all services furnished under this Agreement, and therefore shall be responsible to the City for the technical review of all documents, particularly including but not limited to, the contract agreements and scope of services with Design Professionals, for completeness and potential conflicts and ambiguities, as noted in the Scope of Services and in accordance with the standards of its profession. Accordingly, Consultant shall direct any necessary corrections or revisions pursuant to its review of said documents including, but not limited to, errors or deficiencies in cost estimates, selection of materials, systems and equipments, construction administration, and other services, as noted in Exhibit B. 13 . . 2.12 Prol!ram Filinl;l Svstem Consultant shall establish and maintain files of documents, letters, reports, plans, etc. pertinent to the Program. Consultant shall provide City with a copy of applicable Program correspondence for City to file in its filing system. In addition, Consultant shall provide electronic files of all final Primavera P3 and expedition software files to the City throughout the Program. The Consultant shall provide City, through the contracts with the Design Professionals, with a detailed set of "as built" plans, and specifications and approved shop drawings for each Project, including mylar reproducible "record" drawings, and a Compact Disc containing electronic AutoCad record drawing files, in a format compatible with City established standards. 2.13 Technical Library Consultant shall assemble and maintain a technical library that will include design drawings for all phases of design, specifications, site base maps, design standards, reference standards and literature, building codes, and other relevant governmental regulations and policies useful for expeditious design and construction of the Program. ARTICLE 3 RELATIONSHIP OF THE PARTIES 3.1 The City shall enter into separate agreements with one or more Design Professionals to provide for the design of the Projects, as well as provide design-related services during the construction ofthe Projects. The City shall also enter into separate agreements with one or more Contractors to provide for the construction of the Projects. Finally, the City may enter into separate agreements for any other aspects of work associated with the Program (referred collectively to as the Program Contracts). The City's Program Contracts shall be administrated, as specified pursuant to the Scope of Services herein, by Consultant, subject to the directions and approvals of the City, as required by this Agreement. 3,2 The City and the Consultant mutually agree that the City retains final and ultimate responsibility for its independently contracted Program Contracts. 14 , , 3.3 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, throughout the term of this Agreement. The City's participation in the design and construction of the Program or any Project in no way relieves the Consultant of its professional duties and responsibilities under applicable law and under the contract documents. 3.4 In providing the Program Management Services described in this Agreement, the Consultant shall use its best efforts to maintain, on behalf of the City, a constructive, professional, cooperative working relationship with the Design Professionals, Contractors, and others that have been contracted to perform work pertaining to the Program. While the services to be provided by Consultant under this Agreement will be provided under the general direction of the City's Program Coordinator, it is the intent of this Agreement to allow the Consultant to coordinate the performance of all design and construction work to the extent such coordination by the Consultant is permitted by the contracts for the design and construction work. The Consultant has no authority to direct the means and methods of design and construction and has no authority over jobsite safety. 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. 3.5 Nothing in this Agreement shall be construed to mean that the Consultant assumes any of the responsibilities or duties of the Design Professionals or Contractors. The Contractors shall be responsible for construction ofthe Projects in accordance with their construction contracts with the City. The Design Professionals are responsible for the design requirements and meeting the design criteria as established by the Consultant for the Projects and shall perform in accordance with their professional services agreements with the City. Except as set forth in this Agreement, the Consultant will be entitled to rely upon the Contractors and Design Professionals for the proper performance of services undertaken pursuant to their contracts with the City. The Consultant is responsible for 15 the overall management of the Program, and the Projects to be constructed as part of the Program, in accordance with this Agreement. 3.6 Whenever during the term of this Agreement, Consultant is required to verify, review, or consider any work performed by others, 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 use its professional expertise to identify any discrepancies or omissions that are inconsistent with industry standards for design or construction of comparable public projects; or which are inconsistent with applicable laws, codes, ordinances, and regulations; or which are inconsistent with standards or decisions provided in writing by the City's Program Coordinator. Consultant will use reasonable care and skill in accordance with and consistent with customary professional standards to identify discrepancies and ornissions. Consultant shall timely notify respective Design Professionals of such discrepancies and omissions via a set of marked-up drawings and specifications. Should the Design Professional fail to properly address comments forwarded to it, Consultant shall notify Program Coordinator, in writing, in a timely manner, and provide a recommended course(s) of action to rectify the subject discrepancy andlor omission. The Consultant's obligation to "timely report" to the City's Program Coordinator shall mean that Consultant shall report the discrepancies and omissions as soon as possible under the circumstances, taking into account the requirements of the Program schedule and the individual Project schedules. 3.7 The City shall have the right at any time, and in its sole and absolute discretion, to submit for review to consulting engineers or consulting architects or other consultants, engaged by the City at its own expense for that purpose, any or all parts of the work performed by the Consultant, and the Consultant shall cooperate fully in such review at the City's request. ARTICLE 4 TIME FOR PERFORMANCE 4.1 The initial term of this Agreement shall be for sixty-nine (69) months; said initial term commencing upon the issuance of the first Notice to Proceed, pursuant to Article 6.3. The City, at 16 . , its sole option and discretion, may renew the Agreement, under the same terms and conditions provided herein, for an additional one (1) year term, said option to be exercised by the City, upon thirty (30) days written notice to Consultant prior to the expiration of the initial term; provided further, that either party shall have the right to terminate this Agreement as set forth in Section 9. Any extension of this Agreement beyond the initial term and the one year renewal term provided herein shall be subject to further City Commission approval. It is further provided that this Agreement shall automatically terminate should funds for the payment of Consultant not be budgeted and made available by the City Commission during any corresponding City Fiscal Year throughout the term provided herein, including any renewal term(s). In that event, the compensation to Consultant shall be the same as provided in Article 9. Notwithstanding the preceding, this Agreement shall only commence, and the first Notice to Proceed shall only be issued, upon approval by the Mayor and City Commission and execution by both parties hereto. 4.2 In the event Consultant is unable to timely complete any Project because of delays resulting from untimely review by City or other govemmental authorities having jurisdiction over the Project; and such delays which are caused by factors outside the control of Consultant, Consultant shall provide City with immediate written notice stating the reason for such delay and a revised anticipated schedule of completion. City, upon review of Consultant's submittal and such other demonstration as the City may require, may grant a reasonable extension oftime for completion of the Project and may provide reasonable compensation, if appropriate. It shall be the responsibility of Consultant to notify City promptly in writing whenever a delay in approval by a governmental agency is anticipated or experienced, and to inform City of all facts and details related to the delay. 4.3 In the event any Design Professional fails to complete plans for a Project or any Contractor fails to substantially complete a Project on or before the substantial completion date specified in its agreement with the City, or if a Design Professional or Contractor is granted an extension of time beyond said substantial completion date, through no fault of Consultant, and Consultant's services are required beyond the substantial completion date, then Consultant's services shall be extended and Consultant shall be compensated in accordance with Article 6 for all services rendered by Consultant beyond the initial substantial completion date. 17 ARTICLE 5 AUTHORIZATION OF WORK 5.1 Basic Services It is the intent of the parties that the Projects shall be completed generally within the time periods specified in the Master Program Schedule. The Schedule shall be completed by the Consultant and reviewed and updated thereafter on a monthly basis throughout the term of this Agreement. The parties acknowledge that due to the nature and complexity of the Program, the Master Program Schedule may also require revision based on subsequent circumstances, subject to the provisions of Article 4 herein. The Basic Services shall be the primary responsibility of the Key Personnel. The prior written consent of the City's Program Coordinator must be obtained before any individuals other than the Key Personnel are used to provide Basic Services. 5.2 Sup,port Services The Support Services identified in Task 7 of Exhibit B (Scope of Services) are maximum not to exceed amounts. Such Services may only be authorized in writing by the City, in its sole and absolute discretion, prior to commencement of same, and are subject to the maximum amounts set forth respecting each item. ARTICLE 6 COMPENSATION AND METHOD OF PAYMENT 6.1 Basic Services (and Other Direct Costs) 6.1.1 For Basic Services performed by Consultant following the commencement of this Agreement, and through Program Completion, as same is defined in Article 1.13, the City agrees to pay Consultant utilizing an hourly billing rate method, as hereinafter described, up to a maximum amount not-to-exceed Eleven Million, Seven Hundred and Seventy Three Thousand, Six Hundred and Eighty Four Dollars ($11,773,684), and to reimburse Consultant for Other Direct Costs, defined as direct non-salary or out-of-pocket expenses directly attributable to the work and including mileage allowance, communications (radio/cell phones), software costs, hardware costs, office space and reproductions services, up to a maximum amount not to exceed Five Hundred Twenty Four Thousand Six Hundred and Fifty Dollars ($524,650), for a total amount rnaximum amount not-to- 18 exceed Twelve Million, Two Hundred Ninety Eight Thousand, Three hundred and Thirty Four Dollars ($12,298,334), as set forth in Exhibit D, attached hereto and incorporated herein. The City agrees to pay the Consultant a maximum amount which shall not exceed the total amount budgeted and approved by the City for Basic Services to be performed under this Agreement, as set forth in Exhibit D attached hereto and incorporated herein. At the completion of each fiscal year, the annual budgeted amount shall be submitted and considered by the Mayor and City Commission pursuant to the City's annual budget review approval process. 6.1.2 For Basic Services performed under this Agreement during City Fiscal Year 2000 , commencing upon issuance of the first Notice-to-Proceed, through September 30, 2001, the City agrees to pay Consultant utilizing an hourly billing rate method, as hereinafter described, up to a maximum amount not-to-exceed Nine Hundred Fifty Five Thousand One Hundred Forty Seven Dollars ($955,147.00), and to reimburse Consultant for Other Direct Costs, defined as direct non- salary or out-of-pocket expenses directly attributable to the work and including mileage allowance, communications (radio/cell phones), software costs, hardware costs, office space and reproductions services (all as more specifically defined in Task 6 of Exhibit B), up to a maximum amount not to exceed Seventy Nine Thousand Five Hundred and Seventy Dollars ($79,570.00), for a total maximum amount not-to-exceed One Million Thirty Four Thousand Seven Hundred and Seventeen Dollars ($1,034,717), as set forth in Exhibit E, attached hereto and incorporated herein. 6.1.3 City agrees to pay Consultant as compensation for preparation of Project deliverables identified in Exhibit B as Tasks 1.1, 1.2, 1.3,3.3 and 4.1 required under the terms of this Agreement a Lump Sum of Two Hundred Fifty Thousand Dollars ($250,000.00), such amount to be included within the maximum not-to-exceed amount for Basic Services set forth in Section 6.1.1 herein. It is understood that the method of compensation is that of Lump Sum which means that Consultant shall perform all services set forth for total compensation in the amount stated above. 6.1.4 The maximum amounts set forth in sections 6.1.1, 6.1.2, and 6.1.3 may not be exceeded in the absence of a written amendment to this Agreement, said amendment to be approved by the Mayor and City Commission. However, it is recognized that the City has the right to require the Consultant to increase its level of services during any year, and that the projected schedule of design and construction upon which the annual budgets are based upon are likely to be amended 19 . , and/or modified during the course of that year. Accordingly, it is agreed and understood that unless the budgeted and approved amount for such year is amended, the Consultant shall not be required to provide services which, but for the budget limit established for such year, would otherwise entitle it to compensation. 6.2 SllPport Services 6.2.1 For Support Services, as set forth in Task 7 of Exhibit B, attached hereto and incorporated herein, which are performed following the commencement of this Agreement, and through Program Completion, the City agrees to pay the Consultant a maximum not-to-exceed amount of Eight Hundred and Forty Thousand Five Hundred and Fifty Dollars ($840,550.00), which amount includes all hourly billing rates, if applied, or lump sum payments, as the case may be, and all Other Direct Costs, as set forth in Exhibit D, attached hereto and incorporated herein. At the completion of each fiscal year, the annual budgeted amount shall be submitted and considered by the Mayor and City Commission pursuant to the City's annual budget review approval process. No Support Services shall be initiated unless authorized by the City, in writing, prior to commencement of same. 6.2.2 For additional Support Services performed under this Agreement during City Fiscal Year 2000, commencing upon receipt of the first Notice-to-Proceed, through September 30, 2001, City agrees to pay the Consultant a maximum amount which shall not exceed the total not to exceed amount of One Hundred Fifty Eight Thousand Five Hundred and Fifty Dollars ($158,550), as set forth in Exhibit E, attached hereto and incorporated herein. 6.3 Notice-to-Proceed Prior to initiating the performance of any services under this Agreement, Consultant must receive a Notice-to-Proceed from the City's Program Coordinator.1t is recognized that, following the issuance of the first Notice to Proceed, the City's Program Coordinator will thereafter issue a separate Notice-to-Proceed authorizing work to commence and establishing not to exceed budget amounts at the beginning of each fiscal year. 20 6.4 Hourly Billinl: Rate Method 6.4.1 The term Hourly Billing Rate Method with respect to Consultant and its Key Personnel and certain identified subconsultants, shall mean the hourly billing rates as shown in Exhibit F, attached and incorporated hereto, and which includes the actual direct labor cost rate and overhead rate plus a margin on the direct labor costs. Commencing on October 1, 2001, the Hourly Billing Rate Schedule shown in Exhibit F, 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 Billing Rates to define the new Hourly Billing Rates. Notwithstanding the preceding, in no event shall the total maximum not-to-exceed amount of the Agreement, as set forth in Article 6.1.1, be exceeded or increased by any such annual adjustments based upon the subject Consumer Price Index. 6.4.2 Payments made on the Hourly Billing Rate Method shall be paid only for time directly attributable to the Program and shall not include daily travel time to and from the City. Travel time within the City, or special travel outside the City on City business, shall be compensable. A breakdown of these costs shall be kept current and easily accessible to City. The Key Personnel and other employees shall keep daily time sheets, showing a breakdown of each workday, which shall be provided on a monthly basis to the City's Program Coordinator, upon request, with each invoice. 6.4.3 If the method of compensation between Consultant and its subconsultants is "lump sum", then Consultant shall invoice the City all "lump sum" subconsultant fees with no markup. In addition, all subconsultant reimbursables shall be invoiced in the actual amount paid by Consultant to subconsultant. 6.5 Reimbursables 6.5.1 Direct non-salary expenses, entitled Reimbursables, directly attributable to the Program, will be charged at actual costs. Reimbursables shall be submitted for payment by Consultant in accordance with City procedures. Reimbursables covered hereby, in excess of the aggregate sum of $3,000, must have the prior written approval of the City's Program Coordinator prior to payment of same. Reimbursables payable hereunder shall include, but not be limited to, the 21 following: A. Identifiable transportation expenses in connection with the Program as defined in Task 6.1 of Exhibit B. Transportation expenses to locations outside the Miami-Dade, Broward, Palm Beach County area or from locations outside the Miami-Dade, Broward, Palm Beach County area will not be reimbursed unless specifically pre-authorized in writing by the City's Program Coordinator. B. Identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel-connected expenses for Consultant's personnel subject to the limitations of Section 112.061 Florida Statues. Reimbursables covered hereby must have the written approval of the City's Program Coordinator prior to being incurred. C. Identifiable communication expenses including cellular telephones for office and resident project representative staff as defined in Task 6.2 of Exhibit B. D. Software costs for the field office Management Information System as defined in Task 6.3 of Exhibit B. E. Hardware costs for the field office as defined in Task 6.4 of Exhibit B, F. Office space lease costs as defined in Task 6.5 of Exhibit B. G. Cost of printing, reproduction or photography as defined in Task 6.6 of Exhibit B. H. All office supplies, computer hardware and other equipment which are purchased as a Reimbursable shall become the property of City after reimbursement to Consultant and shall be delivered and ownership transferred, if required, to City within ten (10) days after receipt of written notice requiring such transfer. All licenses, warranties, maintenance, and service contracts (including without limitations those pertaining to software) shall be transferred into the City's name at the same time. City shall incur all costs to maintain the licenses, warranties and service contracts in effect upon receipt from Consultant. 22 6.5.2 A detailed statement of expenses must accompany any request for reimbursement. Expenses other than auto travel must be documented by copies of paid receipts, checks or other evidence of payment. 6.6 Method ofBillin~ and Payment 6.6.1 With respect to Basic Services, Consultant shall submit billings on a monthly basis in a timely manner, These billings shall identify the nature ofthe work performed; the total hours of work performed by employee category and the respective hourly billing rate associated with the employee category. 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 Reimbursables by category. Where written approval of the City is required for Reimbursables, 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 Basic Services by employee category and Reimbursables by category so that total hours and costs by neighborhood may be determined. 6.6.2 The City shall pay Consultant within (30) calendar days from receipt of Consultant's proper statement. 6.6.3 With respect to payment for Support Services, unless a different method of payment is specified by the City, the City shall pay Consultant one hundred percent (100%) of the total shown to be due on its statement, following completion of the services described. Payment will be made within thirty (30) calendar days following the City's review and approval of the deliverables set forth in the invoice submitted with the Consultant's statement. 6.6.4 Final payment of the Consultant upon Program completion must be approved by the Mayor and City Commission. 6.6.5 Payment will be made to Consultant at: Hazen and Sawyer, P.C. 4000 Hollywood Boulevard, Suite 750N Hollywood Florida, 33021 Attn: Account Receivables 23 ARTICLE 7 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES 7.1 City or Consultant may request changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. Such changes must be approved by the City Manager or the Mayor and City Commission, depending on the scope and amount of the change, and must be contained in a written amendment, executed by the parties hereto, with the same formality and of equal dignity herewith, prior to any deviation from the terms of this Agreement, including the initiation of any Additional Services. City shall compensate Consultant for such Additional Services, together with any applicable Reimbursables, as provided in Article 6. The Consultant shall be compensated on the basis of the hourly rates set forth in Exhibit F. Said hourly rates are to be only for the time directly attributable to work authorized under this Agreement. ARTICLE 8 CITY'S RESPONSIBILITIES 8.1 The City shall assist Consultant by placing at Consultant's disposal all information City has available pertinent to the Program, including previous reports and any other data relative to design or construction of the Program. It shall be fully understood that City, in making such reports, site information and documents available to the Consultant is in no way certifying as to the accuracy or completeness of such data, including any information provided in the City's Request for Qualifications No. 102-99/00, 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. 8.2 The City shall arrange for access to, and make all provisions for, Consultant to enter upon public and private property as required for Consultant to perform its services. 8.3 City shall review any itemized deliverablesldocuments identified in the Scope of Services that are presented by Consultant and shall respond as it deems necessary, in its sole judgment and discretion, with any comment within the time set forth therein. 24 8.4 The City shall give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any development that affects the Scope or timing of Consultant's services. 8.5 The City shall provide Consultant with parking decals for Program staff. It is anticipated that up to 17 decals will be required through the duration of the Program. Consultant shall return decals to City at Program completion. ARTICLE 9 TERMINATION 9,1 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, and Consultant fails to cure same within thirty (30) days following written notice to Consultant. In that event, such termination shall become effective upon seven (7) days written notice to Consultant. 9.1.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant(s) or otherwise. In such event, the Consultant shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete services, and the cost of completion of such Services which would have resulted from payments to the Consultant hereunder had the Agreement not been terminated. 9 .1.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination for Cause, shall be made in accordance with Article 6 herein and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 6. 9.1.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly assemble and submit to the City, as provided herein or as required in the written notice, all 25 documents, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 9.1.4 In the event of a termination for cause, no payments to the Consultant shall be made (1) for Services not satisfactorily performed, as same shall be determined at the City's option and discretion; and (2) for assembly of submittal of documents, as provided above. 9.2 Termination for Convenience The City, in addition to the rights and options to Terminate for Cause, as set forth above, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement at its sole option, at any time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon notice to Consultant, in writing, fourteen (14) days prior to termination. 9.2.1 In the event the City terminates the Consultant's services for its convenience, as provided herein, the Consultant shall be compensated for all Services rendered up to the time of receipt of said written termination notice, and for the assembly and submittal to the City of documents for the Services performed, in accordance with Article 6 herein, and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 6. Provided, however, that in the event the City terminates the Consultant's services for its convenience prior to February 1, 2002, then the City shall also compensate Consultant for the remainder of its first year lease term with regard to Consultant's office space in the City. 9.3 Termination bv Consultant The Consultant may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment for the Services, and has failed to cure same within thirty (30) days following written notice from the Consultant. In that event, Consultant may terminate this Agreement upon written notice to the City, which termination shall become effective thirty (30) days from the date of said Notice. In that event, payment for Services satisfactorily performed prior to the date of termination shall be made in accordance with Article 6 herein. 26 9.3.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 9.4 Imolementation 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 City, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the services performed, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice of Termination and as specifically set forth therein. 9.5 Non-solicitation The Consultant warrants that it has not employed or retained any company or person, other than an employee working solely for the Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the Consultant for any reason whatsoever. ARTICLE 10 MISCELLANEOUS 10.1 Ownership of Documents All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared or provided by Consultant in connection with this Agreement shall become the property of the City, whether the Program or the Projects for which they are made is 27 completed or not, and shall be delivered by Consultant within ten (10) days after receipt of written notice. 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. 10.2 Records 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 Program, and to each individual Project therein, and any expenses for which Consultant expects to be reimbursed. All books and records relative to the Program will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes. 10.3 Equal Opportunity Employment 10.3.1 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. 10.4 Public Entitv Crimes Act In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a 28 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 bid on 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 of36 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 Consultant's debarment. 10.5 No Contin~ent Fee Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10.6 Subconsultants 10.6.1 Consultant shall obtain prior written approval of the City prior to changing or modifying the subconsultants, and other professional associates (collectively Subconsultants) identified in Exhibit C. Any such services performed by any Subconsultants shall be passed through to City without additional charge by the Consultant, with the exception of the Project Field Representative categories as shown on Exhibit F. Such categories will be invoiced at the Hourly Billing Rate identified. All such work shall be itemized on invoices from such Subconsultants, showing work performed and charges incurred. 10.6.2 The Consultant represents that it has made and will make reasonable investigation of all Subconsultants to be utilized in the performance of work under this Agreement to determine 29 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. 10.6.3 All rates, multipliers and any other fees charged by any Subconsultants shall be not more than those rates, multipliers and other fees in any contracts that any such Subconsultants may have either with the City directly or as a Subconsultant under some other City agreement. 10.6.4. Consultant shall bind each and every approved Subconsultant to the terms stated in this Section and shall require the proper licensing of such Subconsultants. 10.6.5 If any of the services outlined in this Agreement are furnished by Consultant by obtaining the services of Subconsultants, Consultant shall provide City with proposals and contracts between the Subconsultants and Consultant outlining the services to be performed and the charges for same, together with any other documentation required by City. 10.7 The Consultant hereby certifies that this Agreement is made in good faith, and without fraud, collusion of any kind with any other consultant for the same work, and that the Consultant is acting solely on its own behalf without connection with, or obligation to, any undisclosed person or firm. 10.8 Assil!nment 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. 10.9 Indemnification of City 10.9.1 Consultant shall, at all times hereafter, indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of any kind or nature arising out of the negligent act, error, or omission of Consultant, its agents, servants or employees in the performance of services under this Agreement. 10.9.2 Consultant shall, at all times hereafter, indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of any kind or nature arising out of any misconduct of Consultant, its agents, servants or employees in the 30 performance of services under this Agreement not included in subsection 9.10.1 above. 10.9.3 In the event that Consultant abandons this Agreement or causes it to be terminated by City, Consultant shall indemnify, hold harmless and defend the City, its agents, servants and employees against any loss pertaining to such termination. 10.9.4 Consultant hereby affirms that it shall be responsible for the acts, errors and omissions of its Subconsultants and it shall indemnify, defend and save harmless the City, its agents, servants and employees from any and all claims by third parties which may arise on account of services rendered by Consultant's Subconsultants. 10.9.5 The provisions of this Section shall survive the expiration or earlier termination of this Agreement. 10.1 0 Insurance Consultant shall provide, pay for and maintain in force at all times during the services to be performed, such insurance, including Professional Liability Insurance, Worker's Compensation Insurance, Comprehensive General or Commercial Liability Insurance, Business Automobile Liability Insurance and Employer's Liability Insurance. Such policy or policies shall be issued by companies authorized to do business in the State of Florida with an A.M. Best's Insurance Guide (latest edition) rating acceptable to the City's Risk Manager and having agents upon whom service of process may be made in the State of Florida. Consultant shall specifically protect the City by naming the City of Miami Beach as an additional insured under all policies required by this action. 10.1 0.1 Professional Liability Insurance with the limits ofliability provided by such policy to be no less than Two Million Dollars ($2,000,000) per occurrence with a maximum deductible of$100,000 per occurrence, and $200,000 aggregate. Consultant shall notify City in writing within thirty (30) days of any claims filed or made against the Professional Liability Insurance Policy. 10.10.2 Business Automobile Liability Insurance with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit for Bodily Injury Liability and One Million Dollars ($1,000,000) per occurrence for Property Damage Liability. Coverage must include owned vehicles and hired and non-owned vehicles. 31 10.10.3 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance policies required by this Section. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that City shall be given thirty (30) days written notice prior to expiration or cancellation of the policy. Should Consultant fail to obtain, maintain, or renew the policies of insurance referred to herein, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by the City in obtaining same shall be repaid by Consultant to City, plus ten percent (10%) of the amount of premiums paid to compensate City for its administrative costs. If Consultant does not repay City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12%) until paid, and such failure shall be deemed an event of default hereunder. 10.11 Representative of City and Consultant 10.11.1 The parties recognize that questions in the day-to-day conduct of the Program will arise. The City's Program Coordinator, upon Consultant's request, shall advise Consultant in writing of one (1) or more City employees to whom all communications pertaining to the day-to-day conduct of the Program shall be addressed. 10.11.2 Consultant shall inform the City's Program Coordinator in writing of Consultant's representative to whom matters involving the conduct of the Program shall be addressed. 10.12 No Conflicts 10.12.1 Consultant, its Subconsultants, and the subsidiaries and personnel of the Consultant and its Subconsultants shall not be eligible for any of the design or construction contracts or other Program contracts that will be awarded by the City in connection with the Program after the execution of this Agreement. Subsequent to the execution of this Agreement, Consultant, its Subconsultants, and the subsidiaries and personnel of the Consultant and its Subconsultants shall not propose on, bid for, or otherwise compete for or participate in any contracts for Program design or Program construction or any other Program Contracts. Consultant, its Subconsultants, and the 32 subsidiaries and personnel of the Consultant and its Subconsultants shall not participate in or receive any financial or other benefit, in any manner whatsoever, from any of the design contracts or construction contracts or other Program Contracts that will be awarded by the City in connection with the Program subsequent to the execution of this Agreement. 10.12.2 Consultant, its Subconsultants, and the subsidiaries and personnel of the Consultant and its Subconsultants shall not be engaged or perform services where a conflict of interest exists, such as being associated with the sale or promotion of equipment or material which may be used on the Program; the sale or lease of land around the Program which is to be acquired by the City; or participation in design or construction services contracts on any other Program Contracts. In addition, Consultant, its Subconsultants, and the subsidiaries and personnel of the Consultant and its Subconsultants shall not be engaged in or perform any legal or other services in connection with or in any way related to any Program Contracts (other than services to be rendered to Consultant under a Subconsultants Agreement). 10.12.3 Consultant, its Subconsultants, and the subsidiaries and personnel of the Consultant and its Subconsultants shall not serve as an adverse or hostile witness against the City in any legal or administrative proceeding of whatsoever nature or subject matter related to the Program, nor shall any of them give sworn testimony or issue a report or writing, as an expression of opinion, which is adverse or prejudicial to the interests of Miami Beach in any pending or threatened legal or administrative proceeding of whatsoever nature or subject matter related to the Program. The limitations of this Section shall not preclude any such party from representing itself as a defendant in any action or in any administrative or legal proceeding or from complying with a subpoena. 10.12.4 Consultant, its Subconsultants, and the subsidiaries and personnel of the Consultant and its Subconsultants shall not solicit or accept compensation, work, a promise for future compensation or work, or other consideration in exchange for Consultant's or Subconsultants's recommendation for the City's award of a professional services agreement, construction contract, equipment or materials contract or any other Program Contract. 10.12.5 Consultant shall include the foregoing provisions in all agreements between the Consultant and its Subconsultants. 33 10.13 All Prior A~reements Superseded/amendments 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. 10.14 Notices Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: FOR CITY OF MIAMI BEACH: Matthew Schwartz, Assistant City Manager City's Program Coordinator City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 with a copy to: Murray H. Dubbin, City Attorney City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 34 , , FOR CONSULTANT: Patrick A. Davis P.E. c/o Hazen and Sawyer, P.C. 4000 Hollywood Boulevard Suite 750N Hollywood, Florida 33021 10.15 Truth-in-nel1otiation Certificate Signature of this Agreement by Consultant shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this Agreement. 10.16 InteqJretation The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 10.17 Protection of Records Consultant shall protect from harm and damage all data, drawings, specifications, designs, models, photographs, reports, surveys and other data created or provided in connection with this Agreement (collectively, City Property), while such data and materials are in Consultant's possession. Such duty may include, but is not limited to, making back-up copies of all data stored 35 by electronic device on any media, taking reasonable actions to prevent damage by impending flood or storm (including, but not limited to, removing the City Property to a safe location), and establishing and enforcing such security measures as are reasonably available, considering the customary practice within Consultant's trade or possession. 10.18 Restrictions on Lobbying The Consultant agrees that no federal appropriated funds have been paid or will be paid by or on behalf ofthe Consultant, to any person for influencing or attempting to influence any officer or employees of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Consultant to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 10.19 Exhibits and Attachments In the event of conflict between the terms contains in this Agreement and the terms contained in any of the documents attached or incorporated herein, the terms ofthis Agreement shall control and shall be given full effect. 10.20 Observance of Laws Throughout the term of this Agreement, the Consultant shall keep fully informed of all federal, state and local laws, ordinances, codes, rules, and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, affect work authorized under the terms of this Agreement, and shall further take into account all known pending changes 36 to the foregoing of which it should be reasonably aware.. The Consultant shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees. 10.21 Afi:reement Severable: No Waiver In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 10.22 The City reserves the right to perform construction and operations related to the Program with the City's own forces, and to award contracts in connection with the Program which are not part of the Consultant's responsibilities under this Agreement. 10.23 Venue This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal 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. 10.24 Limitation of Liahility 10.24.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the amount of One Million Dollars ($1,000,000.00). 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 of One Million Dollars ($1,000,000.00). 10.24.2 Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for damages in an amount in excess of One Million Dollars ($1,000,000.00), for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any 37 way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. 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I I : I I ~ ~ ~ g " " . : I I ' I ' I I N I"'.NN I I, . i---tJ I i N , I I xl ! I I x x x rJl rJl (/)! rJli -' rJlrJllwl' (/) (/),(/) --'- '$:$:'$:! IrJlrJllrJll l--I-! I$:$:i$: , I S:I rJl' rJl rJl rJl - s:: rJl' $: rJl to--oo:tl i , ~ $: I(/) - '- i$: I $: $:, i II o 8 N a: W CD '" W () W a '" <( W '" <( (L '" f- iii 1: x W 1i u. " >- u. W " . . u. 'iij "0 f- a .. ~ 8- c . '" " .,; u . 5' ii: <i: " :a :a x W W W U. W a. o () <n a; ~ ci: Citv of Miami IJeach Prol!ram Manal!ement Scooe of Services - Pal!e IJ- I EXHIBIT B SCOPE OF SERVICES PROGRAM MANAGEMENT SERVICES TO MANAGE CONSTRUCTION PROJECTS WITHIN THE PUBLIC RIGHT OF WAY The City of Miami Beach (CITY) has developed various programs to improve the quality of life of its residents. On November 2, 1999, voters approved the issuance of approximately $92 million in General Obligation (GO) Bonds for Neighborhood, Parks, Beach and Fire Safety Improvements, of which $57 million is allocated for capital right- of-way infrastructure projects In addition to this allocation, CITY Administration proposes that a portion of the recent Water and Wastewater Bond and Stormwater Bond issues also are allocated for capital right-of-way infrastructure projects. These estimated $187 million of public right of way infrastructure improvement projects are to be implemented over the next six (6) years (Program). Program elements include citywide water, wastewater and stormwater improvements; as well a variety of streetscape enhancement projects. A listing of anticipated Projects to be performed under the scope of this Program Management Agreement is included as Exhibit A. As the various right of way infrastructure Projects progress from planning to design, construction and operation, the requirement for oversight of design and construction activities becomes essential to Program success. This need becomes more prevalent when considering the magnitude of the number of Projects being undertaken, the likelihood that individual Project phases will overlap with other improvements, and the potential impacts to the day-to-day operations of the CITY. The Program management team shall provide the necessary administration of planning, design and construction tasks as the Projects proceed concurrently over the course of the next six years. Program management shall further accomplish the CITY's goals by reviewing project implementation priorities and limiting the duplication of efforts through the grouping of Projects into specific packages. In addition, standards shall be established to ensure that all contract documents are uniform, linked, and integrated accordingly with other ongoing and/or future elements of the Program. All of these efforts shall be undertaken with the primary purpose of protecting the interests of the CITY. 3126C Ha:en and Sawyer 01/31/01 Citv of Miami Beach Prof!ram Manaf!ement Scoue of Services - Paf!e /1- 2 To this end, it is Hazen and Sawyer's, P.C. (CONSULTANT) intent to establish an office located nearby the CITY's Public Works Department. This office shall house the baseline Program management staff including the Program Manager, Deputy Program Manager, Engineering / Planning Manager, Construction Manager and other key staff. In addition, the office shall selVe as the base of operations for the construction obselVation staff. Files shall be kept for all Program correspondence, meetings and shop drawings. The files shall also include reproductions of original Contract Documents including addenda, change orders, field orders, field memos, additional drawings issued subsequent to the execution of the construction contracts, clarifications and interpretations of the contract documents, progress reports, and other Project related documents. It is intended that all files shall be turned over to CITY at the completion of the Program. Program management selVices shall be provided for a variety of administrative duties including, general program management, planning phase program management, design phase program management, construction phase program management, construction obselVation and miscellaneous (upon request) support selVices. Each of these types of selVices shall be provided by the CONSULTANT working in concert with CITY, the CITY's design consultant (AlE), and construction contractor (Contractor) staffs. The following discussion details specific work efforts associated with the performance of each of these selVices: TASK 1 - GENERAL PROGRAM MANAGEMENT SERVICES CONSULTANT shall coordinate the overall administration of the Program and act as the CITY's representative throughout the Program duration to the extent addressed by this Agreement. This effort shall include the following tasks: Task 1.1 - Develooment of a Proaram Work Plan: CONSULTANT shall prepare a Program Work Plan (PWP) detailing procedures and policies for the overall Program. This PWP manual shall dictate the respective responsibilities and levels of authority for all Program team members. Organizational structure flowcharts and team member duties shall be included to establish a working understanding regarding reporting and communication relationships on the Program. The PWP shall also include a listing of design and construction phase deliverables from the various AlE's and Contractors, 3126C Hazen and Sawver O!liI/O! City of Miami Beach Prof!ram Manaf!ement SCODe of Services - Paf!e B- 3 along with a proposed Program manager duties during the planning. design and construction phases of the Program. CONSULTANT shall meet with CITY representatives to review and receive comments on the PWP prior to finalization. Once accepted by the CITY, the CONSULTANT shall update the PWP on a quarterly basis to ensure that all lines of communications and responsibilities are kept up to date. One copy of the PWP will be given to designated CITY staff as well as each AlE and Contractor. Deliverables Develop work plan for all activities. Draft (10 copies) and final (50 copies) of the Program Work Plan. Meeting to review and receive comments from CITY staff. Meeting agenda and minutes. Schedule Draft to be completed within forty-five (45) calendar days from the receipt of the Notice to Proceed and Final to be completed fifteen (15) calendar days after receipt of all comments. Task 1.2 - Master Proaram Schedule: CONSULTANT shall prepare a "rolled-up" Master Program Schedule based on input received from the CITY, AlE firms and/or Contractors. The Master Program Schedule shall be distributed to CITY and other appropriate parties for review. "Primavera Project Planner, version 3.0" software shall be used as the standard scheduling software and shall be specified for use by the selected AlE's and Contractors. CONSULTANT shall review and update the monthly Master Program Schedule on a monthly basis. In addition, the Master Program Schedule shall be incorporated into the Monthly Management Status Report as discussed in Task 1.4. Deliverables - Master Program Schedule consisting of all Infrastructure Improvement projects. Attend meeting to receive preliminary schedules from CITY and / or AlE consultants. Meeting agenda and minutes. Draft (10 copies) and final (50 copies) of the Master Program Schedule. 3l26C Hazen and S'a""'yer 01/31/01 Citv /If Miami Beach Proflram MallOflement SC/lpe /If Services - Pafle /J- 4 Schedule Draft to be completed within thirty (30) calendar days from the completion of Task 2 and Final to be completed fifteen (15) calendar days after receipt of all comments and updated on a monthly basis thereafter for the duration of the Program. Task 1.3 - Master Prooram Cost Model: CONSULTANT shall prepare and maintain a Master Program Cost Model to track funding status, engineering and Program management fees, construction costs, construction contingencies and change order status, throughout the duration of the Program. The model shall be set up using "MS. Excel" software and be updated on a monthly basis. CONSULTANT shall utilize the model to track and forecast expenses related to the Bond issues. It is assumed that project-funding source data, including bond funds, interest, grants and other alternative funding sources, will be provided by the CITY Finance Department. CONSULTANT shall review and update the cost model on a monthly basis with applicable representatives from the CITY. The Master Program Cost Model shall be incorporated into the Monthly Management Status Report as discussed in Task 1.4. Deliverables - Master Program Cost Model consisting of all Infrastructure Improvement projects, internal costs, etc. Monthly meeting with City Finance Department. Meeting agenda and minutes. Draft (10 copies) and final (50 copies) of the Master Program Cost Model. Schedule Draft to be completed within thirty (30) calendar days from the completion of Task 2 and Final to be completed fifteen (15) calendar days after receipt of all comments and updated on a monthly basis thereafter for the duration of Program. Task 1.4 - Prooram Manaoement Status ReDorts: CONSULTANT shall generate and distribute a monthly Program Management Status Report (PMSR) that includes updated design and construction schedules and cost model status updates. Monthly progress schedules and reports, as provided by the various AlE and/or Contractors (developed in accordance with the PWP) shall be used for a portion of these reports. Schedule 3126C Hazen and Sa'NYer 01/31/01 Citv /If Miami Beach Pr/lf!ram Mallaf!emellt SC/loe /If Services - Paf!e /J- 5 reporting shall reflect actual progress against scheduled progress while cost reporting shall reflect current cost and projected cost information. A Program funds draw schedule shall also be included, as developed with input from the CITY Finance Director. The PMSR shall be used to review Program status with the City Commission and G.O. Bond Oversight Committee on a monthly basis. CONSULTANT shall attend Commission and Oversight Committee Meetings accordingly. CONSULTANT's anticipated level of effort includes graphical presentation support for the preparation of graphical materials to aid in G.O. Bond Oversight Committee and City Commission meetings. Deliverables - Program Management Status Reports describing and documenting the status of all Infrastructure Improvement projects. Fifty (50) copies of the Program Management Status Reports. Attend and participate in monthly G.O. Bond Oversight Committee meetings. Attend and participate in bi-weekly Commission Meetings. Schedule Copies to be submitted on the final Monday of the month in order to provide seven (7) calendar days of review time to the G. O. Bond Oversight Committee. Task 1.5 - Document Control System: CONSULTANT shall establish and maintain an integrated document control system to assure complete control of all engineering and construction records, correspondence, reports, design documents, meeting notes, video tapes, and all other information received or produced by the CONSULTANT. To ensure compatibility with CITY information management systems, "Primavera Expedition version 7.0" software shall be used for document control. In addition, all word processing shall be performed on "MS-Word version 2000" software and spreadsheets shall be developed using "MS-Excel version 2000" software. 3126C Haz.en and Saulyer 01/31/01 Citv of Miami /leach Prollram Manallement Scope of Services - Palle /l- 6 TASK 2 - PLANNING PHASE PROGRAM MANAGEMENT SERVICES Task 2.1 - Proaram Plannina Services: Program planning analysis is required to ensure that the Program is executed with a minimum amount of impact to the community and at minimal cost to the CITY. Program planning establishes the road map for successful completion of the work. Under this Task, the CONSULTANT shall work with CITY staff to: . Prepare definitive scope of services for the various Projects, including mapping of the general Project areas. . Develop a master schedule illustrating current known Project prioritization parameters. . Prepare overlapping schedules of known projects being proposed by outside agencies including the Florida Department of Transportation (FDOT), Miami- Dade Water and Sewer Department (MDWASD), Miami-Dade Public Works Department (MDPWD), the Municipal Mobility Plan, Florida Power and Light (FPL), BellSouth, Charter Communications, and others as applicable. . Prepare additional overlapping schedules of known civic activities such as Convention Center functions, Art Festivals, tourist sensitive areas, and similar activities that could be affected by the Program. Deliverables - Utilizing the Master Program Schedule, prepare and update an Overlapping Schedule that identifies known projects and / or activities by other agencies to coordinate overlapping activities. Attend monthly Utility Coordination Meetings sponsored by Sunshine One Call of Florida. Preparation of letters and support materials to agencies and / or entities. Prepare meeting agendas and minutes with all agencies and / or entities. Fifty (50) copies of the Overlapping Schedule. 3126C Hazen and Smvyer 01/31/01 Citv of Miami Beach Prof!ram Manaf!ement Swoe of Services - Paf!e B- 7 Schedule Upon completion of planning effort, copies of schedule shall be submitted on the final Monday of the month in order to provide seven (7) calendar days of review time to the G. O. Bond Oversight Committee. Planning services shall be ongoing throughout Program duration. Task 2.2 - Contractor BondinQ CaDacitv Survev: The totai construction cost of a bid pacl<age is an important consideration which must be evaluated, since it can limit the number of Contractors who are availabie to bid the work because of bonding limitations. CONSULTANT shall perform a bonding survey of the Contractors who typically bid Miami-Dade County work to evaluate their present bonding capacity. CONSULTANT shall also evaluate the impact of other ongoing neighborhood infrastructure improvement programs in the tri-County area in an effort to maximize Contractor participation. The resulting evaluation shall be put into report format for review with applicable CITY staff. The bonding capacity analysis shall be updated on a semi-annual basis. Deliverable Preparation of letters and support materials to Contractors identified to participate in survey. Compilation of data provided by Contractors and information gathered via telephone inquiries. Ten (10) draft copies and fifty (50) copies of the Contractor Bonding Capacity Report. Schedule Draft copies to be submitted for review within seventy-five (75) calendar days after receiving the Notice to Proceed and final within fifteen (15) calendar days after receipt of comments. Survey to be updated semi-annually for the duration of the Program Task 2.3 - Proiect Prioritization: Utilizing the overlapping schedule analysis and bonding survey data prepared under Tasks 2.1 and 2.2, CONSULTANT shall establish a Project prioritization schedule. CONSULTANT shall evaluate and recommend to the 3126C Ha:en and Sawyer 01/31/01 Citv of Miami Beach Prottram Manattement SClme of Services - Patte Bo ii CITY the best procurement strategies in an effort to promote competition among bidders, as well as minimize disturbance to the public. Deliverable Prioritize CITY Projects and develop schedule based on priority. Recommend best procurement pathways available to the CITY. Ten (10) draft copies and fifty (50) copies of the Project Prioritization Schedule Technical Memorandum. Schedule Draft copies to be submitted for review within thirty (30) calendar days after receiving the Notice to Proceed and final within fifteen (15) calendar days after receipt of comments. Task 2.4 - Prooram Deliverv Analvsis Reoort: The above referenced documents shali be used to group Projects into specific construction packages, identifying similar work areas, and combining Projects to minimize construction duration in affected areas. Proposed construction packaging shall be reviewed with CITY staff and a Program Delivery Analysis Report (PDAR) shall be issued with the resulting recommendations. Deliverable Meeting agendas and minutes. CONSULTANT shall review the PDAR with the City Commission and G.O. Bond Oversight Committee as required. Ten (10) draft copies and fifty (50) copies of the Program Delivery Analysis Report. Schedule Draft copies to be submitted for review within seventy-five (75) calendar days after receiving the Notice to Proceed and final within fifteen (15) calendar days after receipt of comments. TASK 3 - DESIGN PHASE PROGRAM MANAGEMENT SERVICES Task 3.1 - Assist CITY with Development of Architect / Enoineer (AlE) Consultant Scope of Services: The Program is to be designed by various outside AlE consultants. The CITY is currently in the process of issuing Requests for Qualifications for selection of these firms. Once the AlE consultants are selected by the CITY, the CONSULTANT Jl26C Hazen and Sawyer OWl/Ol City /If Miami Beach Prot!ram Manat!ement SC/lae /If Services - Pat!e B- 9 shall serve as the primary point of contact for the execution of their work activities. Hence, the CONSULTANT shall attend design Project analysis meetings in conjunction with the AlE consultant and CITY staff for the purpose of defining Project objectives, budgets, schedule constraints and scope of services. The CONSULTANT shall provide the CITY with technical review as it pertains to the contract agreements and scope of services with the selected AlE firms. CONSULTANT shall ensure that the scope of services for each AlE consultant contains the appropriate scope items to provide a quality product that meets industry standards, including the preparation of cost estimates in compliance with the Association of American Cost Engineers. It is assumed that the CITY shall make all AlE consultant selections and negotiate fees accordingly. CONSULTANT shall transmit proposed AlE contracts to the CITY's Risk Management and Procurement Departments and the City Attorney's Office to verify that appropriate insurance requirements for each AlE consultant selected by the CITY are met. The CONSULTANT shall assist CITY staff with the preparation of requisite documentation (i.e., commission memoranda and resolutions) to process selected AlE firm contracts through the CITY Commission approval process. CITY shall provide CONSULTANT with sample formats of approved commission memoranda and resolutions for CONSULTANT's use. Deliverable Meeting agendas and minutes. Review and comment of Request for Qualifications. Review and comment of proposed AlE scope of services / and contract agreements. Preparation of requisite documentation to process selected AlE firm. Schedule Ongoing throughout Program. Task 3.2 - Establish DesiQn Standards: To ensure uniformity, CONSULTANT shall develop standard specifications, front-end documents, computer aided design (CAD) layering systems and miscellaneous details to be used by all design consultants in the preparation of their respective contract document. In addition CITY shall provide CONSULTANT with any applicable standards they want included in the Program standards. To facilitate the transfer of electronic files among Program team members, 3126C Hazen and Sa""yer 01/31/01 City of Miami Beach PTllrtram Manartement Scooe of Services - Parte /J- J(} all specifications shall be prepared in "MS-Word version 2000" format and all Cad drawing utilize AutoCAD Version 14 software. To the extent possible, CONSULTANT shall utilize existing CITY standards. Note that it is the intent of this Task to prepare and develop standard specifications and details for use in Program projects only. It is not anticipated that CONSULTANT is deveioping Public Works Department Standard Specifications and Details. In addition, CONSULTANT shall provide review and comment on current CITY construction contract front-end documents as noted under Task 3.3. CONSULTANT shall develop a bound Program Design Standards Manual (PDSM) for distribution and use by all program participants. Deliverables Meeting agendas and minutes, as applicable. Review and comment on existing CITY construction contract front end contracts, design standards, details and guidelines. Ten (10) draft copies and fifty (50) copies of the Program Design Standards Manual. Schedule Draft copies to be submitted for review within ninety (90) calendar days after receiving the Notice to Proceed and final within fifteen (15) calendar days after receipt of comments. Task 3.3 - Leaal Assistance: CONSULTANT shall retain the services of an attorney to provide technical and legal assistance to CONSULTANT throughout the execution of the Program, as required. Task 3.3.1 - Front End Document Review CITY shall provide CONSULTANT with a typical front-end contract document utilized for the construction of municipal projects within the City of Miami Beach. CONSULTANT shall review the front end documents with respect to non-compensable/excusable delay claims, compensable/excusable delay ciaims, liquidated damages, calculation of Contractor indirect costs, Request for Payment procedures, bonus incentive clauses, limited and Full Notices to Proceed , change order approval process and such other items as requested by the CITY. The intent of this review would be to upgrade the 3J26C Hazen and Sawyer OJ/ilI0J City of Miami Beach Prortram Manartement Scoue of Services - Parte fl- 1/ contract documents in an effort to minimize areas that expose the CITY to additional risk. CONSULTANT shall obtain copies of typical front-end documents from the Miami-Dade County Department of Public Works, Miami-Dade County School Board, Broward County Department of Public Works, Broward County School Board and the Palm Beach County Department of Capital Projects. CONSULTANT shall meet with these entities to discuss and review their experiences with the front-end contract documents with respect to construction delay claims and change order processes. CONSULTANT shall prepare memoranda discussing alternative means to minimize CITY risk. Deliverables Prepare meeting agendas and minutes. Review CITY's front end contract documents for construction of municipal projects and provide CITY with recommendations to their contract document. Coordinate and attend meetings with the appropriate entities at Miami-Dade, Broward and Palm Beach Counties to review front- end documents. Prepare recommendation memoranda. Schedule Submit draft memoranda and recommended contract document to CITY Administration within one hundred twenty (120) calendar days of receipt of the Notice to Proceed and final memoranda and contract document within fifteen (15) calendar days of receipt of comments. Task 3.3.2 - Front End Document WorkshoD Meetina CONSULTANT shall coordinate and attend a workshop meeting with the CITY's Administrative, Public Works, Legal and Procurement department staff to discuss and review alternative means to reduce the CITY's risk with respect to contractor delay claims, change order processing, schedule review, etc. The basis for this workshop meeting shall be the information gathered during the meetings held in Task 3.3.1 . Deliverable Coordinate and attend workshop meeting. 3126C Ha:en and Sawyer 01/31/01 City of Miami Beach ProJ!ram Mallal!emellt Scove of Services - PaJ!e B- 12 Schedule Within seventy-five (75) calendar days of receipt of the Notice to Proceed. Task 3.3.3 - Front End Document Revisions Based upon the results of the Front End Document Workshop Meeting, CONSULTANT shall propose language for incorporation into the CITY's standard front-end contract documents. CONSULTANT shall prepare recommended language and submit to the appropriate CITY staff for review and comment. Deliverable Prepare suggested language for incorporation into the CITY's front-end contract document. Schedule Within fifteen (15) calendar after the Front End Document Workshop Meeting. Task 3.4 - Manaoe AlE Consultant Prooress: CONSULTANT shall serve as the focal point of contact with all of the Program AlE consultants and shall track their progress toward the successful completion of the work. In conjunction with CITY staff, CONSULTANT shall meet monthly with each AlE consultant to review the progress and status of its work activities. These meetings shall also serve as a primary method for exchanging information, resolving design decisions, and reviewing design progress. It is assumed that each AlE consultant shall be required, as a part of its contract with the CITY, to develop and maintain a progress schedule of its activities in Primavera Project Planner, version 3.0 format or SureTrak. Should the CONSULTANT determine that an AlE consultant has fallen behind schedule, the AlE consultant shall be required to provide a recovery schedule that will accelerate work and get them back on schedule. The CONSULTANT shall prepare and distribute meeting minutes to all attendees and other appropriate parties. Deliverables Meeting agendas and minutes. Review and comment on AlE design professional schedules, request and review recovery schedules, if required. 3126C Ha:en and Sawyer 01131101 Citv of Miami Beach Prol!ram Manal!ement Scone of Services - Pal!e /J- 13 Prepare correspondence between the CONSULT ANT, AlE design professional and CITY, as required. Review and process monthly invoices from AlE design professionals. Schedule Ongoing throughout Program. Task 3.5 - Desia" Reviews: The CITY prides itself on maintaining open lines of communication with its citizens. Hence, it is anticipated that up to three (3) public meetings will be held for each Project during the design phase to ensure that community input is received and that citizens are kept informed on the content and status of the various Projects. CONSULTANT shall attend these meetings with the respective AlE consultant and appropriate CITY representatives, as required. CONSULTANT shall attend meetings between AlE consultants and internal CITY departments to prepare for these meetings. It is assumed that AlE consultants will develop all graphics, plans and renderings, acceptable to the CITY and CONSULTANT, for review at the public meetings. CONSULTANT can prepare graphics and other materials for such meetings as noted under Task 7. It is assumed that CITY personnel will schedule, coordinate and conduct these meetings and prepare and issue minutes accordingly. In addition, it is anticipated that AlE Consultants will attend Design Review Board, Historic Preservation, Planning Board, G.O. Bond Oversight and Commission Meetings, as required. To verify that all design review meeting comments have been incorporated and design standards have been followed, CONSULTANT shall perform reviews of all design Project documents at the preliminary (30 percent completion), intermediate (60 percent completion) and near final (90 percent completion) design stages. The purpose of these reviews shall be to verify that the documents are consistent with the design intent. The CONSULTANT shall also review AlE consultant(s) prepared cost estimates for the project at both the 60 and 90 percent submittal stages. CONSULTANT shall forward a copy of each review set of contract documents to relevant CITY Departments for their review and comment. CONSULTANT shall provide comments on the specifications, plans and other supporting materials, as applicable. A meeting shall be held with respective AlE consultant(s) and CITY representatives to discuss these review J/26C Hazen and Sawyer 01/3//0/ Citv "I" Miami Beach Prol!ram Malwl!ement Scooe 01" Services _ Pal!e B- 14 comments, as required. The preliminary design review shall require that each AlE consultant perform corridor routing studies and field verifications of existing underground infrastructure conditions, as deemed necessary by CONSULTANT. CONSULTANT shall ensure that AlE consultants obtain and address all relevant CITY Department, governmental agency and community comments regarding design issues related to the projects. Deliverables Meeting agendas and minutes. Review AlE furnished contract documents at the preliminary, intermediate and near final design completion stages. Provide comments on AlE fumished contract documents. Coordinate and participate in meetings with the AlE design professionals to review comments. SChedule Ongoing throughout Program. Task 3.6 - PermittinQ Assistance: It is assumed that the respective AlE consultants will be responsible for preparing and submitting permit applications for their Projects, attending all resulting meetings, and for responding to all requests for information (RFl's) from jurisdictional agencies. CONSULTANT does not anticipate attendance at these meetings. However, the CONSULTANT shall be the responsible party for formally transmitting and receiving permits to and from the respective Agencies. CONSULTANT shall track and monitor progress on the preparation and review of permits and subsequent requests for information. In addition, the CONSULTANT shall develop and maintain a database that identifies all permits that may be needed for all Projects. This database shall identify the specific permlt(s) required for each Project, the timing for when the permit is needed, the individual responsible for preparing the permit, and the current status of the permit and any related RFI's and responses. Deliverables - Receive, log in and transmit permit applications to respective agencies. Prepare a permit tracking database. Receive, log in and transmit agency Requests for Information to appropriate parties. 3126C Hazen and Sa>>yer 01131/01 City of Miami Beach Prof!ram Manaf!emellt Scope of Services - Paf!e Bo /5 Ensure that agency Requests for Information are responded to in a timely fashion. Schedule Ongoing throughout Program. Task 3.7 - Constructabilitv Reviews: CONSULTANT shall perform constructability reviews of the design documents relative to value, construction sequencing and bid format. The reviews shall be based upon the 60 and 90 percent design submittals received from the AlE consultant(s) and shall be conducted concurrently with the 60 and 90 percent design reviews. Meetings shall be held with respective AlE consultants and CITY representatives to discuss review comments, as required. CONSULTANT shall verify construction cost estimates provided by the AlE consultants for their respective Projects. Verification of construction cost estimates shall be performed at the 30, 60, 90 and 100 percent design review points. The accuracy of the cost estimate associated with the 30 and 60 percent design reviews shall be +30% to -15% Budget Level Estimates as defined by the American Association of Cost Engineers. The accuracy of the cost estimates associated with the 90 and 100 percent design reviews shall be a + 15% to -5% Definitive Level Estimate as defined by the American Association of Cost Engineers. In addition, CONSULTANT shall assist the AlE consultants in defining schedule milestones and construction sequencing restrictions. Deliverables Meeting agendas and minutes. Perform constructability reviews of AlE fumished contract documents. Provide comments on AlE fumished contract documents. Coordinate and participate in meetings with the AlE consultants to review comments. Cost estimating services. Schedule Ongoing throughout Program. Jl26C H(/:;.en and S(flvyer 01131101 Citv of Miami Heach Prol!ram Manal!ement SCllae of Services - Pal!e H- 16 Task 3.8 - Bid Services: CONSULTANT shall work with the CITY's Procurement Department and other applicable staff as required to provide general bid services including the scheduling of bids, attendance at pre-bid conferences, solicitation of bids. coordination of responses to bidder's questions from AlE consultants, attendance at bid openings and coordination of award recommendations from AlE consultants. CONSULTANT shall transmit contract documents prepared by the AlE consultants to the CITY's Risk Management and Procurement Departments for verification of appropriate insurance and bonding capacity requirements for each Project prior to bid. CONSULTANT shall assist the CITY's Procurement Department with verification of bidder's references. CONSU L T ANT shall also prepare requisite documentation to process contract award through the CITY Commission approval process. CONSULTANT's anticipated level of effort does not include any allowance of CONSULTANT's time to assist the CITY in the event of a bid protest. To the proportionate extent CONSULTANT's services are required in the event of a bid protest due to a direct action or lack thereof by CONSULTANT, CONSULTANT shall participate in such rebidding of the particular Project at no cost to CITY. Deliverables Attend and participate in Pre-bid conferences. Review and distribute questions from prospective bidders to applicable AlE consultants. Review contract document addenda provided by AlE consultants, prior to issuance. Verify bids are responsible and responsive. Prepare correspondence recommending award to CITY Administration. Schedule Ongoing throughout Program. Task 3.9 - Proaram Web Site DeveloDment / Maintenance: CONSULTANT shall set up an interactive website for the Program. Each Project in the Program shall be identified with its own Project description, Project schedule, construction costs, areas of impact, traffic maintenance plans, traffic advisory notices. The website would be developed with three unique levels of access. Level 1 would be for public access with no password requirements. Contents would include frequently asked questions, upcoming J 126C Hazen and Sa'tVYer 0]/3110] City or Miami Beach Prof!ram Manaf!ement SCII/Je or Services - Parte n. 17 events, public meetings and notices, photos, and project status summary descriptions. Level 2 would be available to the AlE consultants, Contractors, CITY staff and other seiected parties. Contents would include access to electronic files for project specific plans and specifications. Level 3 would include access by Program management personnel and designated CITY staff members only. This level would include document sharing capabilities, payment logs, plan review comments, permitting files and project related correspondence. Level Nos. 2 and 3 would be password protected. TASK 4 - CONSTRUCTION PHASE PROGRAM MANAGEMENT SERVICES The CONSULTANT shall perform the following tasks associated with office administration activities related to the construction of the various Projects. These tasks shall be performed during the duration of all Projects under construction. Construction phase Program management services are provided for the intent of becoming familiar with the progress of the construction work and to verify that the work is proceeding in general accordance with the requirements of the contract documents. Note that construction observation services are presented under Task 5. Task 4.1 - Construction Manaaement Manual: Due to the extensive amount of detailed procedures required to properly manage construction Projects, CONSULTANT shall develop a Construction Management Manual (CMM) for the construction phase of the Program. This manual will augment the general Program guideiines established in the PWP developed under Task 1.1 and shall provide uniform procedures and guidelines for managing the interface between CITY staff, Contractors, AlE consultants, field observation staff and the CONSULTANT. It is assumed that the CITY will utilize the services of the respective AlE consultants for office engineering services (i.e. preparation of contract document clarification, submittal review, responses to questions and clarifications, change order request reviews, progress meeting attendance and specialty site visits, and other required supporting documentation, on an as needed basis) during the construction period. Deliverables - Ten (10) draft copies and fifty (50) copies of the Construction Management Manual. 312(,C Hazen and Sah-yer 01/31/01 Citv of Miami Beach PTllf!ram Manaf!ement Scooe of Services _ Paf!e B- I R Schedule Draft copies to be submitted for review within one hundred and eighty (180) calendar days after receiving the Notice to Proceed and final within fifteen (15) calendar days after receipt of comments. Task 4.2 - Pre-Construction Conferences: CONSULTANT shall coordinate and attend pre-construction conferences with each Contractor, NE consultant and applicable CITY personnel. The Contractors shall furnish preliminary schedules and traffic maintenance plans at this meeting. CONSU L T ANT shall prepare and distribute meeting minutes to all attendees and other appropriate parties. CONSULTANT shall issue a Limited Notice to Proceed at the Pre-Construction Conference. A final Notice to Proceed shall be issued upon receipt of a final schedule and procurement of all applicable construction permits from the Contractor. Deliverables Meeting agendas and minutes. Attend and participate in pre-construction conferences. Schedule Ongoing throughout Program. Task 4.3 - Manaae Construction Proaress: CONSULTANT shall meet weekly with the Contractor, NE consultant and applicable CITY representatives on each Project. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals and contract document clarifications and interpretations. In addition, the Contractor shall furnish a two-week look ahead work schedule to allow for proper coordination of necessary work efforts. The CONSULTANT shall conduct periodic field visits to the Project site for the purpose of confirming the Contractor's progress. Resident Project representation selVices are discussed under Task 5.0. These meetings shall also selVe as a forum for discussion of construction issues, potential changes / conflicts and any other applicable matters. The CONSULTANT shall prepare and distribute meeting minutes to all attendees and other appropriate parties. Deliverables Meeting agendas and minutes. Attend and participate in weekly progress meetings with Contractors. Review Contractor two-week look ahead schedules. 3/26C Ha:en and Sawyer 0//3//0/ City of Miami l1each Prol!ram Manal!ement Scooe of Services - Pal!e 11- /9 Schedule Ongoing throughout Program. Task 4.4 - Monthlv Construction Proqress Meetinqs: In addition to weekly meetings with the construction Contractors, CONSULTANT shall attend monthly construction progress meetings, as necessary, with the CITY staff. These meetings shall be held for the purpose of reviewing Project schedule, cost and issues of concern. In preparation for these meetings, CONSULTANT shall prepare and distribute to applicable CITY staff the Program Management Status Report (PMSR). CONSULTANT shall meet with appropriate CITY staff to review the PMSR prior to meeting with the G.O. Bond Oversight Committee and CITY Commission, as discussed in Task 1.4 above. Deliverables Meeting agendas and minutes. Attend and participate in monthly Construction Progress Meetings. Schedule Ongoing throughout Program. Task 4.5 - Utilitv and Permittinq Coordination Services: CONSULTANT shall provide ongoing coordination between the AlE consultants, Contractors, local municipal authorities, governmental agencies, utility companies, and other known jurisdictional agencies, to verify that all required permits have been obtained. The Contractor will be responsible for location / verification of existing utilities, as required. Included in this work effort will be verification that the Contractor's traffic control plan has received required jurisdictional agency approvals. CONSULTANT shall work with CITY to establish procedures for monitoring enforcement of the Contractor's traffic control program throughout the duration of the Project. Deliverables - Verify that all required permits have been obtained. Schedule Ongoing throughout Program. Task 4.6 - Review of Contractor's Schedules: CONSULTANT shall review the construction schedules proposed by the Contractors for compatibility with the intent of 3126C Hazen and Smvyer 01/31101 Citv orMiami /Jeach Prol!ram Mmwl!ement SCODe or Services - Pal!e /J- 211 the contract documents. CONSULTANT shall work with the Contractors to develop acceptable schedules. CONSULTANT shall review schedules with applicable CITY staff. Each Contractor will be required to submit a monthly schedule update, which shall be reviewed by CONSULTANT. Progress payments shall not be approved if the monthly schedule is not submitted. CONSULTANT shall require the Contractor to provide a list of materials and equipment needed over the upcoming 6 month period and proposed delivery dates for such items. Other schedule impact items may include identification of pending labor or material shortages or labor relation problems and monitoring and analyzing actual versus predicted progress information. CONSULTANT shall advise the Contractor of apparent schedule impacts from other Projects including interiace requirements and work to be periormed by other entities in the area. Should the CONSULTANT determine that an AlE consultant has fallen behind schedule, the Contractor shall be required to provide a recovery schedule that will accelerate work and get them back on schedule. Deliverables - Receive, log in and review Contractor's baseline construction schedules. Provide Contractors with schedule comments. Update Master Program Schedule based upon Contractor's approved schedule (baseline and monthly update). Schedule Ongoing throughout Program. Task 4.7 - Reauests for Information / Clarification IRFls): CONSULTANT shall receive, log and process all RFI's. Whenever an RFI involves the interpretation of design issues or design intent, CONSULTANT shall forward the RFI to the responsible AlE consultant and track a timely response back to the Contractor. CONSULTANT shall prepare and distribute RFi status reports at the weekly meetings with the Contractor. Deliverables Receive, log in and transmit RFl's to appropriate parties. Respond to those RFI's that do not involve design interpretations. Maintain and distribute RFI Status Report, on a weekly basis. Schedule Ongoing throughout Program. 3126C Ho:en and Sawver 01/31/01 Citv IJrMiami Beach PrIJf!ram Manaf!ement SCIJoe IJrServices - Paf!e n. 2/ Task 4.8 - Recuests for Chances to Construction Cost and/or Schedule: CONSULTANT shall receive, log and evaluate all requests for Project cost and/or schedule changes from the Contractor. Changes may be the result of unforeseen conditions or interferences identified by the Contractor during the routine progress of work, inadvertent omissions (betterment) issues in the contract documents, or additional improvements requested by the CITY or AlE consultant after the Project bid date. Regardless of the source, CONSULTANT shall evaluate the merit of the claim as well as the impact of the potential change in terms of Project cost and the schedule, as acceptable to the CITY. Such evaluation of the claim shall constitute a representation by CONSULTANT to CITY, based on observations and evaluations, that: (a) The work has progressed to the point indicated; (b) The work is in substantial accordance with the Contract Documents; and (c) The Contractor is entitled to payment in the recommended amount. CONSULTANT shall coordinate negotiations with the Contractor and corresponding AlE consultant and CITY staff, as applicable. CONSULTANT shall review AlE consultant's recommendations with CITY staff. The AlE consultant shall be responsible for preparation of any documentation relative to a change order. Additional claims assistance services are discussed under Task 4.9. Deliverables Perform merit evaluation of claims / change requests. Receive, log in and transmit claim / change requests to appropriate parties for review and action, as applicable. Perform independent review of request for cost increase and/or time extension. Coordinate and participate meetings, as required, with AlE consultants, CITY and Contractor to resolve and/or negotiate the equitable resolution of request. Prepare and distribute project correspondence. Schedule Ongoing throughout Program. Task 4.9 - Construction Claims Assistance 3126C Hazell and Sawyer 01/31/01 Ofv of Miami Beach Prol!ram Manal!emellf Scope (If Services - Pal!e B- 22 CONSULTANT shall provide assistance in reviewing the legal aspects of Construction Contractor claims as to validity and legal interpretation, on an as needed basis. CONSULTANT shall prepare a legal interpretation for each construction claim (if deemed necessary by CONSULTANT) and identify whether the Contractor's claim is valid or invalid, with respect to legal standing. CONSULTANT's level of effort is based upon the review of three (3) construction claims per fiscal year. Deliverable Legal interpretation of construction claims. Schedule Ongoing throughout Program. Task 4.10 - ProcessinQ of Shop DrawinQs: CONSULTANT shall receive, log and distribute shop drawings to the appropriate AlE consultant and track a timely response back to the Contractor. CONSULTANT shall prepare and distribute shop drawing status reports at the weekly meetings with the Contractor. Deliverables - Receive, log and distribute shop drawings to the appropriate AlE consultants. Track submittal review time and distribute Shop Drawing Status Reports at -weekly meetings. Schedule Ongoing throughout Program. Task 4.11 - ProQress Payment Requests: CONSULTANT shall receive and review monthly invoices submitted by the Contractors to ascertain accuracy and prepare payment requests in accordance with CITY procedures. Based upon the Project records, as well as CONSULTANT's obselVations at the site and evaluations of the data reflected in Contractor's application for payment, CONSULTANT shall render a recommendation to CITY concerning the amount owed to the Contractors and shall forward the Contractor's application for such amount to CITY. Such approval of the application for payment shall constitute a representation by CONSULTANT to CITY, based on obselVations and evaluations, that: (a) The work has progressed to the point indicated; 3126C Haz.en and Sawyer 0]/31101 Citv of'Miami Heach Prorlram Manarlement Scone of Services - Parle n- 23 (b) The work is in substantial accordance with the Contract Documents; and (c) The Contractor is entitled to payment in the recommended amount CONSULT ANT shall assist CITY staff with tracking and expediting of progress payments through the CITY Accounting Department. Deliverables Receive and review Contractor monthly Requests for Payment. Verify that all required supporting documentation, such as record drawing maintenance, monthly progress schedule update, release of liens and certifications are submitted with Contractor's Request for Payment. Ongoing throughout Program. Schedule TASK 5 - FIELD OBSERVATION PROGRAM MANAGEMENT SERVICES CONSULTANT shali provide full-time construction observers to provide adequate quantity and quaiity of observation personnel to reasonably verify that critical elements of the construction Projects are being complied with and that the general intent of the contract documents is being met. The purpose of CONSULTANT'S Construction Observation services is to provide for the CITY a greater degree of confidence that the completed work will conform in general to the construction contract documents and that the integrity of the design concept of the various Projects as indicated in the contract documents has been implemented and preserved by the construction Contractors. On the other hand, CONSULTANT shall not supervise, direct or have control over any construction Contractor's work nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the construction Contractors, for safety precautions and programs incident to the work of any construction Contractor or for any failure of a construction Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor's furnishing and performing the work. Accordingly, CONSULTANT neither guarantees the performance of any contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance 3126C Hazen and Sawyer 01/31101 Citv of Miami Beach Prol!ram Matwl!ement Scooe of Services - Pal!e IJ- 24 with the contract documents. CONSULTANT's level of effort is based upon 73,112 man- hours of field representation. Should this level of effort be exceeded or decreased. same shall be reflected in a written amendment to the Agreement, as provided in Article 7 therein. CONSULTANT's field staff shall be on-site at all times when the Contractor is on the job, as practicable. In an effort to minimize the CITY's costs with respect to on- site field representation, the CONSULTANT has anticipated that certain Projects similar in nature and in adjacent geographical areas will be represented by one resident field representative as identified in Exhibit A . CONSULTANT's level of effort is based upon the assumption that the contract documents will limit the Contractor's work schedule to one work crew based upon an eight hour shift Monday through Friday. Task 5.1 - Field Observation Services: CONSULTANT shall provide field staff to observe the construction of the work and; (a) Conduct on-site observations of the work in progress to assist in determining if the provisions of the contract documents and permit conditions are being fulfilled and to reasonably protect the CITY against defects and deficiencies in the work of the Contractor. CONSULTANT shall timely report, to the CITY in writing, whenever it is believed that work is unsatisfactory, faulty or defective and/or does not conform to the contract documents, does not meet the requirements of inspections, tests, or has been damaged prior to final payment. CONSULTANT shall timely report, to the Contractor and CITY in writing, whenever it is believed that a hazardous condition exists. (b) CONSULTANT shall conduct on-site observations of the work in progress to determine if the contract documents and permit requirements are being complied with and to protect the CITY against Contractor work defects and deficiencies. CONSULTANT shall timely advise the CITY, in writing, whenever work is determined to not conform to the contract documents, permit requirements are not being complied with, and/or whenever an observed Contractor's work is determined to be defective/deficient. CONSULTANT's observer shall attend all scheduled meeting with the Contractor. 3126C Hazen and Smvyer 01/31101 Citv of Miami Beach Prorlram Manarlement Scooe of Services - Parle B- 25 (c) Maintain a daily log of work performed. The daily notes shall include records of when the Contractor is on the job-site, weather conditions, change orders, or changed conditions, list of job site visitors, daily drilling and testing activities, observations in general, and specific observations in more detail as in the case of observing test procedures. Record, in writing, the outcome of these inspections. CONSULTANT shall identify any utilities damaged and verify that the Contractors has notified the respective utility owner. (d) Verify that tests, equipment and systems start-up are conducted in the presence of appropriate personnel, and that the Contractor maintains adequate records thereof; and observe, record, and report appropriate details relative to the test procedures and start-up. (e) Provide a photographic record of the construction, beginning with pre- construction documentation and completing with post-construction photographs. Photographs shall be digital snapshot type taken to define the progress of the Project and shall be labeled as to date, location, view and signed by the CONSULTANT. (f) Review materials and workmanship of the Projects and timely report to CITY in writing any deviations from the contract documents that may come to the CONSULTANT's attention. Determine the acceptability of the work and materials and make recommendation to CITY to reject items not meeting the requirements of the contract documents. (g) Check Contractors' material certifications and samples, verifying that delivered materials match approved shop drawings. (h) Field observe critical pOints in the construction process. (i) Direct and supervise the sampling and testing of materials to be performed by independent testing laboratories under subcontract to the CITY. This task includes the receipt, review and processing of invoices from the independent testing laboratories for payment by the CITY. 3126C Hazen and .)'(lV,lye,. 01/31/01 City of'Miami Beach Pml!ram MallOl!ement Scope of Services - Pal!c /1- 26 (j) CONSULTANT shall verify all pay requisition quantities in the field by measurement. CONSULTANT shall develop a Field Measurement Form and utilize such form as verification of pay requisition items. (k) Monitor that record drawing mark-ups are properly maintained by the Contractor. (I) It is assumed that CITY will pay for all material testing services (Le. densities, compaction testing, etc) directly. Deliverables - Provide full time resident Project representation on Projects, as deemed necessary. Prepare Daily Construction Observation Forms and distribute to Program staff. Schedule Ongoing throughout Program. Task 5.2 - Proiect Closeout: Upon receiving notice from the Contractor(s) advising the CONSULTANT that the Project is substantially complete, CONSULTANT, in conjunction with appropriate CITY and AlE consultant staff, shall schedule and conduct an overview of the Project. The overview shall include CONSULTANT'S development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. The list shall be forwarded to the Contractor. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Upon notification from Contractor(s) that all remaining "punch list" items have been resolved, the CONSULTANT, in conjunction with appropriate CITY and AlE consultant staff, shall perform a final review of the finished Project. Based on successful completion of all outstanding work items by the Contractor, CONSULTANT shall assist CITY in closing out the construction contract. This shall include, but not limited to, providing 3126C Hazen and Sawyer 01131/01 City of Miami lJeach Proruam ManaJ!ement Scooe of Services - PaJ!e fl- 27 recommendations concerning acceptance of the Project and preparing / collecting necessary documentation, including but not limited to, lien waivers, Contractor's final affidavit, close-out change orders, and processing of the final payment application. Deliverables Receive Contractor substantial completion notification. Coordinate and attend field meetings to review substantial completion. Prepare and verify that punch lists are completed. Certify Project completion to appropriate agencies. Schedule Ongoing throughout Program. Task 5.3 - Post Proiect Services: CONSULTANT shall assist City with the coordination of requested warranty work from the various Project Contractor(s). This assistance shall be provided for the duration of the Project to a period not to exceed the completion date of this Agreement. In addition, CONSULTANT shall transfer all Project files to the CITY at the completion of the Project. It is assumed that the CITY shall make arrangements for placement of files in storage as required. Also, CONSULTANT shall complete CITY furnished AlE consultant and Contractor performance evaluation forms for the Procurement Department. In addition, CONSULTANT shall coordinate the transfer of record drawing mark-ups and applicable test results to the AlE consultants. The AlE consultants shall update CAD files for record purposes and certify Projects as complete, accordingly. Deliverables Assist CITY with warranty work completion. Place all Program files in suitable cardboard containers for transfer to CITY storage facilities. Prepare AlE consultant and Contractor performance evaluations. Schedule Ongoing throughout Program. TASK 6 - OTHER DIRECT COSTS 3126C Hazen and Sa'rryer 01131101 Citv IIf'Miami Beach Prof!ram Manaf!ement SCllpe IIf'Services - Paf!e B. 28 Task 6.1 - Mileaoe: CONSULTANT anticipates that resident Project representatives shall utilize their own vehicles to travel between the various job sites. Mileage shall be reimbursed at the United States Internal Revenue Service established rate for travel within the City of Miami Beach limits as well as travel within the Miami-Dade, Broward and Palm Beach County areas to attend meetings with stakeholders, regulatory I permitting agencies, utility owners, and planning organizations. Annual adjustments will be made to the established rate based upon the United States Internal Revenue Service. Task 6.2 - Communications: To facilitate communications between office and field staff, CONSULTANT anticipates the use of Nextel radio cellular phones for office and resident Project representative staff. Monthly service includes phone, battery, accessories, unlimited radio talk time, and up to 300 minutes of cellular phone use per month. An allowance has also been included for battery replacements, rapid battery chargers, vehicle power cords, and protective covers. Task 6.3 - Software Costs: CONSULTANT shall purchase one (1) software license for the Management Information System which includes Primavera Project Planner, version 3.0, Expedition, and CallTrak software. CONSULTANT shall also purchase Novell software for its program office server (one license for up to 10 users), software for tape backup system, Internet Explorer, Microsoft Office (MS-Word, MS-Excel, MS-Outlook) and Windows operating system software. CONSULTANT shall purchase maintenance service agreements for the software to include software upgrades. At the conclusion of the Program, CiTY shall take possession of the software. All software licenses shall be valid through fiscal year 2005. Task 6.4 - Hardware Costs and LAN / WAN Maintenance: CONSULTANT shall purchase computer hardware for the Program office to establish a Local Area Network (LAN). A Hewlett Packard LC2000 small workgroup network server with swappable drives and NetRAID disk array controller shall be utilized for networking purposes. An internal 40 GB internal tape drive system shall be utiiized to backup the network every week. Pentium based computers with CD, floppy drives and internal hard drive operating on MS-Windows software shall be purchased with 17-inch color monitors. At the conclusion of the Program, CITY shall take possession of the hardware. 3126C Ha:en and Sawyer 01l.iJlO! Citv or Miami Beach Prof!ram Manaf!ement Scooe or Services - Paf!e B- 29 Task 6.5 - Office Space: CONSULTANT shall enter into a six year lease at the Giller Building, 975 Arthur Godfrey Road for approximately 2,000 square feet of office space to house proposed Program specific staff. The proposed office lease rate includes janitorial services, utilities (water/sewer, electric), real estate taxes, security and internet access. Electrical costs inciuded in the base office lease rate are based upon air ciimate controi being provided Monday through Friday, 8 am to 6 pm and Saturday from 8 am to 1 pm. Should additional air climate control services be required after normal building hours, costs shall be borne by the CITY. Costs to renovate the space, purchase of furniture and the costs to maintain up to six telephone lines shall be borne by the CONSULTANT. One parking space is provided with the office space. CONSULTANT anticipates that the CITY shall provide City parking placards/permits for the Program staff (up to 17 staff members) at no charge to the CONSULTANT. Task 6.6 - Reproduction Services: CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports including but not limited to, photocopying, cover laminations, bindings, etc. Reports to be reproduced include the following: . Program Work Plan . Program Master Schedule . Program Cost Model . Program Management Status Reports . Program Delivery Analysis Report . Program Design Standards Manual . Construction Management Manual CONSULTANT shall bear costs for incidental reproduction costs associated with the preparation of draft / final deliverables. 3/26C Hazen and Sawyer 01/3/10/ CUr IIt'Miami lJeach PrllfIram MallafIemellt SClloe IIt'Services - PafIe lJ- 30 TASK 7 - SUPPORT SERVICES if authorized in writing, by the CITY, prior to commencement of same, the CONSULTANT may furnish Support Services for, but not limited to, the types identified below. These services are not included as part of the Scope of Services except to the extent othelWise provided herein. These support services are Task based and are offered for the purpose of supporting the planning, design and construction of the Program. While the extents of these efforts are not fully known at the present time, the principal tasks that may be required during the Program duration include the following: Task 7.1 - Alternative Fundina Assistance: CONSULTANT shall retain the services of Donald F. Roecker, P.E. to assist the CiTY for identifying and applying for alternative funding sources. Such assistance may include the following: (a) Develop a Screening Report to summarize grant programs available for water, wastewater, stormwater and streetscape related facilities. The CONSULTANT shall review and consolidate the history and background of the CITY's past project planning efforts, state and federal project financial accomplishments, compliance data, development history in the plan area, and past association with state and federal officials with an interest in infrastructure needs. The CONSULTANT shall follow-up with contact to known funding agencies for current program and eligibility information. The CONSULTANT shall meet with CITY to discuss the report. Comments shall be incorporated and a final screening report shall be prepared. The screening report shall consist of a review of agency and legislative funding programs that could possibly be used for a Project or Project component. The purpose of this activity is to determine which agency funding programs may be used by the CITY, the approximate amount of assistance that may be available and the advantages and disadvantages of each funding program. This information shall be incorporated into the proposed Congressional Site Specific Line Item Funding Package (Package) to show our Congressional Delegation and their staff that all available funding sources have been explored before a request for congressional grant was made. 3126C Ha:en and Sowyer 01/31/01 Citv ,,{Miami Beach Prortram Mallartemellt Swoe ,,{Services - Parte II- 31 ' (b) The CONSULTANT shall prepare a draft and final grant proposal for the infrastructure related components determined feasible by the Screening Report. It is assumed that the CITY and the CONSULTANT shall meet up to three times to determine the nature and scope of the Projects to be included in the grant proposal. Said meetings shall be run in a workshop format and shall focus on developing unique features of the Program may provide. Such benefits may include the incorporation of a unique environmental Project component enhancement, watershed improvements or combining other CITY objectives such as greenways and/or watercourse Improvement projects. The result of this effort shall be the selected group of Projects or Project components that shall become the grant proposal or "Package". The CONSULTANT shall then research the elements that led past successful infrastructure Projects to win funding. The CONSULTANT shall attend up to three workshop sessions with the CITY staff to determine the nature, scope, project makeup, and cost of implementation of the Projects or Project components included in the "Package". This activity shall lead to the final Project or Projects selection, a listing of unique Project features, and include an initial technical review of all existing background information. Upon Project component selection, a draft "Package" (I.e., draft grant proposal) including technical aspects shall be prepared and submitted to the CITY for review. The draft "Package" shall incorporate comments and recommendations as appropriate from reviewers and a final "Package" shall be produced for presentation to local, state, and federal officials with interest in infrastructure programs. The CONSULTANT shall monitor and update the CITY on Project related events occurring at the state and federal govemment levels that may affect the scope, timing or content of the Package's presentation. (c) The CONSULTANT shall assist the CITY during negotiations of the grant proposal and with presentation of the proposal to local, regional, state, and federal parties. The CONSULTANT shall also provide technical support and assistance for the Package in Florida and Washington D.C. These meetings shall be targeted at securing written support for the Package. Under this scope, three meetings are assumed. The CONSULTANT shall prepare the following deliverables during this task: 3126C Hazen and S{J~yer (J I /31/01 City of Miami Reach ProJ!ram MGllaJ!ement SClloe of Services - PaJ!e IJ. 32 o An Executive Summary of the Project's salient features that would be appropriate for local, state, and federai presentation. o A binder containing background information used in developing the Project for submittal to appropriate state and federal staff presentation. Said binder shall also include a "question/answer" document, which shall address typical state and federal questions that have been used to judge the merits of similar Packages for similar communities. o Letters of support received from appropriate state, regional, county, and local officials. Task 7.2 - Public Information Hotline: CONSULTANT shall provide a single telephone number that shall be publicized and made available to the public to obtain information about ongoing construction activities and to voice a concern or complaint. This hotiine shall be located in the Program Management Office and be automated to log all calls. CONSULTANT shall review all calls with appropriate CITY staff and respond to each request for information or complaint within twenty-four (24) hours. A written report on each request for information or customer complaint shall be prepared and summarized in a monthly report. Task 7.3 - Survevino: CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to verify construction iayouts and controls for line, grade and dimensional conformance with the plans and specifications. This task shall be utilized as a tool to verify the Contractors' layout, as deemed necessary by CONSULT ANT. Task 7.4 - Community Involvement and Public Information Prooram: In addition to the public meetings specified under the Phase 3 Design Phase Program Management Services, the CONSULTANT, working in concert with CITY staff, shall implement a community involvement program to keep affected stakeholders abreast of Program status. The objectives of the community involvement program are to inform and educate the pubiic about Program elements and benefits. This shall allow the CONSULTANT to 3126C Hazen and Sawyer 01131/01 Citv of Miami lJeach Prol!ram Mallal!emellt Scooe of Services - Pal!e lJ. 33 provide stakeholders with accurate and timely information, and discuss the impact of the Program from the stakeholder's perspective. In addition to these general meetings detailed above, specific detailed meetings shall be held to provide additional information for stakeholders that shall be directly impacted by the Program. Follow up activities may include, but not limited to, phone calls, additional meetings, correspondence or development of additional informational materials. These determinations shall be made on an individual basis for each interest group. CITY shall assign a representative to each geographical area to serve as the focal point to receive and address comments / concerns from CITY residents and / or business owners. CITY staff shall coordinate responses between the CONSULTANT and concerned citizens. The objective of the community involvement program is to generate community understanding of the Program, and may include, but not limited to the following: (a) Inform and educate the general public, visitors and business owners of the overall Program elements and benefits. (b) Prioritize the issues that have direct impact on residents, visitors and businesses. (c) Implement components of an ongoing public information campaign that shall: (1) keep the public well informed about the Program; (2) highlight the progress of the Program; and (3) emphasize the importance of developing a comprehensive infrastructure system for Miami Beach. (d) Inform the public about construction time lines over the next six years. (e) Develop materials and information, written in everyday terms, that give the public an accurate picture of the Program's progress. (f) Encourage community participation in the planning phases of neighborhood Projects. Deliverables Public relations campaign for the general public. Schedule Ongoing throughout program. .iJ26C Ha:en and Sawyer 01131101 Citv III' Miami Beach Prosuam Mallal!emellt Scope III' Services - Pal!c Bo .1-1 Task 7.4.1 - Public MeetinQs Due to the size and magnitude of the Program, the CONSULTANT shall hold one meeting in each of the affected neighborhoods (Exhibit A) to inform the public on the Program and to specify work that shall be ongoing in the respective areas. The CONSULTANT shall identify and secure an appropriate meeting location, plan, prepare and produce all handout materials, attend, conduct and prepare minutes and follow-up materials for all meetings. As appropriate, materials shall be printed in both English and Spanish. Meeting minutes shall be prepared which identify the list of speakers, attendees, legal notice documentation (if necessary), brief summary of the topics discussed and the concerns / comments made during the meeting. CONSULTANT shall prepare responses to written comments received by the Program Team. Deliverables - Meeting agenda and minutes. Produce and distribute program materials. Prepare meeting minutes. Schedule Ongoing throughout the Program. Task 7.4.2 - Other Direct Costs Associated with Community Involvement and fublic Information Program 1. Postage for bulk mail distributions 2. Supplies for preparation of presentation materials 3. Supplies required to produce all Program reports, such as covers for comb binding systems, ready index uncollated dividers, plastic binding combs. 4. Costs to produce Television media, newspaper / magazine print ads and reproduction of brochu res, handouts, flyers, and door hangers. 3126C Hazen and .\'awyer 01/31/01 City of Miami Beach Pro1!ram Malla1!emellt Sco/Je of Services - Pa1!e Bo 35 STAFF RESPONSIBILITIES Patrick A. Davis, P.E. - Program Director . Provide program direction and support to the Program Manager and Deputy Program Manager. . Assist in the coordination of alternative funding mechanisms. . Assist in the review of claims and/or change order requests. Bert Vidal, P.E. - Program Manager . Primary ciient contact through all project phases. . Coordination / responsibiiity for the Program team including subconsultants and subcontractors. . Estabiishing and monitoring schedules and budgets. . Schedule analysis for comparison with target, milestones and deadiines. . Coordination and assurance that the Total Quaiity Management program is successfully implemented. . Provides significant input and review of all major technical issues. . Attend and direct program review meetings. . Provides backup and support to all Team Leaders and technical staff. . Maintain and update Program Action List. . Prepare Project Completion Reports. . Provide input and review of City AlE consultant scope of services. . Assist in the preparation of the Program Work Plan. . Assist in the preparation of the monthly Program Management Status Reports. . Assist in the preparation of the Program Deiivery Analysis Report. . Assist in the preparation of the Construction Management Manual. . Attend and participate in monthly meetings with the City's AlE consultants. . Attend and participate in monthly G. O. Bond Oversight Committee meetings. . Participate and provide input / comment on AlE design projects at the preiiminary, intermediate and substantially final completion stages. 3126C Hazen and Sa\A.yer 01/31/01 City of Miami Beach Prol!ram Mallal!emellt Scope of Services - Pal!e 11- 36 . Participate in monthly Construction Progress Meetings with City staff to assess program status with respect to schedule and budgets. . Attend and participate in Neighborhood Status Meetings. . Assist in the preparation of cash flow projections, cost curve and other cost summary reports. . Review, analyze and recommend actions on budget, funds, and construction cost change orders. 3126C Hazen and Sa'l'\Yer 01/31/01 OfV of Miami Beach Prol!ram Manal!emenf Scooe of Services - Pal!e fl- 37 Charles O. Carreno, P.E. - Deputy Program Manager o Primary contact for the coordination of subconsultants and subcontractors. o Establish and monitor Master Program Schedule. o Establish and monitor individual project schedules. o Establish and monitor Program Cost Model. o Establish and monitor individual project budgets. o Primary contact with the City NE consultants. o Provide input and review of City NE consultant scope of services. o Assist in the preparation of the Program Work Plan. o Assist in the preparation of the monthly Program Management Status Reports. o Assist in the preparation of the Program Delivery Analysis Report. o Attend and participate in monthly meetings with the City's NE consultants. o Attend and participate in monthly G. O. Bond Oversight Committee meetings. o Participate and provide input / comment on NE design projects at the preliminary, intermediate and substantially final design documents. o Establish and monitor permit tracking file. o Participate in the development of the Construction Management Manual. o Perform Contractor Bonding Capacity Survey. o Participate in monthly Construction Progress Meetings with City staff to assess program status with respect to schedule and budgets. o Attend and participate in Neighborhood Status Meetings. o Assist in the preparation of cash flow projections, cost curve and other cost summary reports. o Review, analyze and recommend actions on budget, funds, and construction cost change orders. o Assist in the preparation of the Program Standards Manual. 3126C Hazen and Sawyer 01/31/01 Citv /If Miami Reach Pr/ll!ram Manal!ement Scone /If Services - Pal!e fl- 38 Suresh B. Mistry, P.E. - Engineering Coordinator o Primary contact with the CITY NE consultants. o Coordinate with Construction Manager on project completion and certification. o Establish design requirements. o Preparation of the Program standards for City NE consultants. o Establish construction priorities. o Prepare the Program Standards Design Manual. o Assist the Construction Manager with the preparation of Project Completion Reports. o Participate in constructability reviews. o Process NE consultant monthiy pay requests. o Assist in the review of NE consultant claims / change order requests. o Assist the Construction Manager with the preparation of the Construction Management Manual. o Verify NE consultant progress with respect to schedule conformance. o Attend monthly Utility Coordination Meetings sponsored by Sunshine One Call of Florida to coordinate utility planning among various utility owners. o Verify that NE consultants are verifying the location of all critical underground utility locations with respect to proposed works. o Primary contact with respect to utility master planning among all utility owners. o Coordinate monthly design review meetings with NE consultants. o Monitor the progress of NE consultants during the design period. 3l26C Ha:en and Smvyer OJ/iJ/Ol OfV IIf'Miami Beach Prlll!ram Manal!emenf SCllpe IIf'Services - Pal!e fI- 39 John O. Hoffman, P.E. - Construction Coordinator Primary contact with construction contractors. . Coordinate work efforts of resident project representatives. . Participate in constructability reviews. . Verify CITY AlE consultant cost estimates. . Assist in the preparation of M-DDERM Certification of Completion of Construction submittals. . Assist in the preparation of Project Completion reports. . Prepare Project punch out lists for substantially complete projects. . Coordinate warranty work. . Process Contractor monthly pay requests. . Coordinate the services of the CITY retained testing / analytical services firm to QAlQC materials utilized throughout construction. . Coordinate the services of the professional surveying firm retained by the CONSULTANT to verify Contractor layout and grade. . Review daily observation reports prepared by resident project representatives. . Assist in the review of Contractor claims / change order requests. . Attend monthly Utility Coordination Meetings sponsored by Sunshine One Call of Florida to coordinate utility planning among various utility owners. . Review Contractor two week look ahead schedules to assist Program Team with critical coordination tasks. . Verify that Contractors are maintaining record drawing information. . Verify the accuracy of record drawings prepared by AlE Consultants. 3120C Hazen and Sa'yvyer 01/31/01 Citv /If Miami Beach Pr/ll!ram Manal!ement Scooe /If Services - Pal!e B- 40 Gloria Brown - Document Control Manager . Responsible for management of document control system. . Enters incoming and outgoing documents in the document control system. . Receives and processes all incoming and outgoing documents. . Receives and processes all Construction Management office documents. . Prepares tracking documents for contractor submittals. . Locates and retrieves documents for Program staff. . Distribution and filing of documents. . Copy documents for distribution and filing. . Assists in all other areas of document control, as needed. Administrative I Clerical Services . Answer phones. . Type and distribute program correspondence and reports. . Arrange and coordinate meetings. . General secretarial functions. . Order and maintain equipment, supplies, etc. . Assist Document Control staff, as needed. . Miscellaneous tasks, as assigned. . Assign responsible party to resident inquiries. 3126C Haz.en and Sa-..vver 01131101 City of Miami Beach Prol!ram Manal!ement Scooe of Services - Pal!e fl- 4/ Ana M. Gonzalez, P.E. - Program Reporting . Assist in the preparation of the monthly Progress Status Report. . Assist in the development of cost information for monthly progress reports. . Develop tables, queries and macros. . Develop report formats. . Prepare graphics, schematics, and handouts for monthly G.O. Bond Oversight Committee Meeting. . Prepare graphics for Neighborhood Community Meetings. . Assist in the maintenance of the Program Internet Web page. . Maintain City AlE design consultant invoice file. . Assist in processing City AlE design professional invoices. . Assist in drafting correspondence to City AlE design professionals regarding the Infrastructure Improvement Program. . Assist in the preparation and maintenance of a Master Project Activity database which incorporates all City projects, BellSouth, FPL, Charter Communications, FDOT, SFWMD, M-DDERM, M-DPWD, M-DWASD, private development, fairs and / or festivals, Convention Center events, etc. . Act as a liaison with the development community as well as the City's Community Resource Officers. . Assist in review of Infrastructure Improvement Program projects for conflicts. . Provide updated information on the program to private sector community organizations such as the Miami Beach Chamber of Commerce, Miami Beach Visitor's Convention Authority, etc. . Respond to daily calls and information requests from developers and the general public on projects and activities of the program. 3126C Haz.en and Sa",:ver 01/31/01 Citv of Miami Beach Prof!ram Mallal!emellt Scooe of Services - Paf!e Bo 42 A2 Group - Project Scheduling and Cost Control . Prepare Master Program Schedule. . Update Master Program Schedule. . Monitor and revise Master Program Schedule. . Prepare individual project schedules. . Update individual project schedules. . Monitor and revise individual project schedules. . Develop project work breakdown structures and schedules. . Develop cost loaded schedules for program components. . Provide schedule information upon request. . Review and update milestone List of Deliverables and due dates to ensure compliance with contract requirements. . Provide schedule information for monthly Program Status Reports. . Establish Program Cost Model which incorporates all individual projects. . Update project costs from AlE design professional reports. . Develop new program costs and cash flows. . Update program expenses based upon authorization letters. . Maintain project cost information and cost accounts establishments . Close individual project cost accounts and monitor final payments, project completion costs 3126C Ha:;.en and Smvyer 01131/01 City /If Miami Beach ProJ!ram MQlwJ!ement Scooe of Services - PaJ!e 11- 43 Garber & Goodman - Community Outreach Program . Act as a liaison with the development community as well as the City's Community Resource Officers. . Provide updated information on the program to private sector community organizations such as the Miami Beach Chamber of Commerce, Miami Beach Visitor's Convention Authority, etc. . Assist in the response to daily calls and information requests from developers and the general public on projects and program activities. . Develop a Public Awareness Plan to disseminate program information to the general public and private developers concerning all projects and when they shall be coming on line. . Notify and meet with all groups who have an interest or are directly impacted by the Program. . Select location for meetings, then plan, prepare and produce all handout materials. . Attend, conduct and prepare minutes and follow-up materials for all meetings. Materials shall be printed in English and Spanish. . Set up and attend specific detailed meetings to be held in each area to provide additional information for stakeholders that shall be directly impacted by the Program. . Set up and attend meetings in close proximity to where the actual construction work shall take place. . Plan and implement ongoing media campaign. . Create newspaper ads, television spots and signage relating to the projects. . Oversee web site development and program hotline. . Produce road show presented by City representatives. . 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Item Description of Payroll Category Hourly Billing Rate 1 Program Director $136.50 2 Program Manager 127.50 3 Deputy Program Manager 115.00 4 Engineering Coordinator 115.00 5 Construction Coordinator 121.00 6 Specialty Reviewer 93.00 7 Scheduler 75.00 8 Engineering Support 61.50 g Document Control Manager 45.00 10 Graphics Support 49.50 11 Administrative Assistant 21.00 12 Project Field Representative I 45.00 13 Project Field Representative II 68.00 (1) Billing rates are subject to adjustment as noted In Article 6 of the Agreement. Hwa:t;xhibit F - Hourly Bming Rares.doo.doe ** TOTAL PAGE.02 **