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HomeMy WebLinkAboutExhibit 2ATTACHMENT A - SCOPE OF SERVICES ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL Under the direction of the Department, PROGRAM MANAGER is to programmatically manage and functionally administer the overall capital and transportation improvement program of the CITY, consisting of, but not limited to, planned capital and transportation improvements, construction projects, and the purchase of capital goods and equipment. Additionally, the PROGRAM MANAGER is responsible for the specific management oversight of the production, the planning, design and procurement activities, and the construction of all vertical and horizontal construction projects. It is the intent and purpose of the CITY that PROGRAM MANAGER shall provide the services hereunder as an extension of the Department's resources by providing qualified technical and professional personnel to perform the duties and responsibilities assigned under the Terms of this Agreement. The PROGRAM MANAGER shall minimize reliance on the Department's resources for assignments and activities provided under the agreement, as may be authorized by the Director. PROGRAM MANAGER shall use its best effort at all times to cause the work to be performed in the most expeditious and economical manner using the highest industry standards consistent with the interests of the CITY. A1.01 RANGE OF SERVICES A1.01-1 PROGRAM MANAGER may be required to perform all or some of the services presented in this Agreement, depending on the needs of the CITY. The PROGRAM MANAGER shall furnish the services specifically authorized by this Agreement, which services may encompass one or more professional disciplines in addition to those held by the PROGRAM MANAGER. A1.01.2Program Management services shall include, but are not limited to, research and preparation of reports, studies, coordination with community organizations, project management, production management, Construction Administration, cost estimating, value engineering, scheduling, GIS production/management, utility coordination, program management technology and information systems development and maintenance, document control and records management, and administrative, contractual, and financial program management for the City's CITP. The Services may further include but are not limited to planning, programming, field investigations, observations, feasibility studies, and other activities that may be required to complete the Annual Work Program and approved Work Orders. A1.01-3PROGRAM MANAGER will not be responsible to manage the purchase of capital goods and/or equipment, but shall assist with the fiscal monitoring of those capital projects and including them in the annual CITP. A1.01-4The City, at its option, may elect to expand, reduce or delete the extent of work elements described in this scope of services, provided such action does not alter the intent of the agreement. The Department may request Consultant services on an as -needed basis. There is no guarantee that any or all of the services described in this document will be assigned during the term of this agreement. A1.02 COOPERATIVE WORK The PROGRAM MANAGER will be responsible to work in cooperation with officials of the City, the Department, client departments and agencies, commuity and other stakeholders, and with consulting engineers and/or architects to administer the planning, design and construction of PROGRAM projects, and as well as overall program management A1.03 NON-EXCLUSIVE RIGHT 11 is understood that the Work Order and Notice to Proceed will be issued under this Agreement at the sole discretion of the City Manager or Director and that the PROGRAM MANAGER has no expectation, entitlement, right to or privilege to receive a Work Order and Notice to Proceed for any project or task. The CITY reserves at all times the right to perform any and all Professional Services in-house, or with other private professional architects or engineers as provided by Section 287.055, Florida Statutes, as amended, (Program Managers' Competitive Negotiation Act) or to discontinue or withdraw any or all projects or tasks or to exercise every other choice allowed by law. This Agreement does not confer on the PROGRAM MANAGER any particular, exclusive or special rights to any Work required by the CITY. Outside of this Agreement, the PROGRAM MANAGER may submit proposals and/or qualifications for any professional services which the PROGRAM MANAGER is qualified to perform in response to any public solicitation issued by CITY. CITY Contract No. K -05-00453 Page A-1 ATTACHMENT A — SCOPE OF SERVICES A1.04 PAYMENTS The CITY will pay the PROGRAM MANAGER a stipulated monthly amount for Primary Services and a separate amount for each Work Order issued, in accordance with provisions and limitations of Attachment B. No payment will be made for the PROGRAM MANAGER'S time or services in connection with the preparation of any Work Order proposal or for any Work done outside of the ANNUAL WORK PROGRAM or in the absence of an executed Work Order, Notice to Proceed and Purchase Order, except those services provided within the initial ninety (90) days on the effective date of this Agreement. ARTICLE A2OVERVIEW OF PROGRAM MANAGEMENT SERVICES A2.01 PRIMARY SERVICES The services include, but are not necessarily be limited to the following: • Overall Administrative Program Management services for the capital and transportation improvement program • Production Management: Programmatic management of capital project Production, that is, the feasibility and other pre -design studies, financial and other analyses, scheduling, planning, selection of construction and/or design delivery method, design, engineering. • Construction Program Administration for projects undergoing construction, activites may include, without limitation monitoring the overall construction schedule of the capital improvement program, coordinating schedules among projects, assisting with the selection of construction engineering observation firms and overseeing the work of same, assisting with community outreach, and providing regular construction -associated reports A2.02 SPECIALTY SERVICES Where DIRECTOR, in his/her sole discretion, identifies the need for services related to a unique, and possibly large scale, element, activity, sub- program or Project within the PROGRAM that is outside of the scope of PRIMARY SERVICES as defined herein, and such Services are unavailable from within the CITY's personnel resources, hereinafter SPECIALTY SERVICES, PROGRAM MANAGER shall provide a proposal, as further described in Article A6.02 for the performance of said services. Said proposal shall identify, in such detail as deemed appropriate by the Director, the nature of the proposed services, the extent of manpower and other resources required for such Specialty Services, and the individual(s), firm(s) and/or team that has qualifications and expertise in the field of the subject endeavor. The assignment of Work as SPECIALTY SERVICES shall be made solely at the discretion of the City, by the Director, with the approval of the City Manager and/or the City Commission as applicable, and may be accomplished by a WORK ORDER issued pursuant to this agreement. The award and execution of a WORK ORDER or Notice to Proceed for said SPECIALTY SERVICES shall be solely at the City's discretion and submittal of a proposal is no guarantee or assurance that the PROGRAM MANAGER will be authorized to perform the work as SPECIALTY SERVICES Compensation for any SPECIALTY SERVICES shall be separately negotiated and may be lump sum, hourly rate -based or other method as deemed appropriate by the parties. ARTICLE A3PRIMARY SERVICES Those services considered by CITY to be absolutely fundamental to the successful management of the overall CITP shall be considered Primary Serives and shall consist, generally of the following three comprehensive areas. A3.01 ADMINISTRATIVE PROGRAM MAN- AGEMENT The PROGRAM MANAGER, it its capacity as overall capital program adminitrator, will provide complete and comprehensive coordination and management, including, but not limited to, the following services and/or activities: A3.01-1 Program Implementation Stra-tegles: research and recommend the most effective methods to implement all aspects of the overall program. A3.01-2 Program Coordination: Coordinate project design, procurement, contract negotiation and contract administration activities. A3.01-3Contractual Method Alternatives: Advise as to the most effective method(s) of contracting for the various aspects of the program and/for specific projects from among options available under the City Code and State Statute, such as conventional competitive procurement . practices (RFP/RFQs includign those govened by the Consutlant Competitive Negotiations Act, Invitations to Bid, "Design - Build", or "Construction Manager -at -Risk"), or a combination of these; Job Order Contracting, direct purchase of materials and other potential delivery methods. A3.01-4 Program Logistics: Develop comprehensive program work plans, schedules and budgets. A3.01-5informations Sytems: Update and manage the existing computer application used for program management and fiscal monitoring program known as the Miami Program Control System, based on the Transportation Automated Control System originally developed for the City of Jacksonville. Assist with the migration of data and program software to the new City's new CITY Contract No. K-04-00648 Page A-2 ATTACHMENT A — SCOPE OF SERVICES ERP, and continue with information systems management after migration. A3.01.6Fiscal Management Assistance: Develop financial projections, monitor and track program funds, financing and cash flows. Assist with the development of program and materials and financial data for potential financing options, including investment bonds, which may be utilized to implement the program. A3.01-7Reporting: Furnish regular progress and status reports on the program at intervals determined by the Director. A3.01-8Staffing: Review and recommend efficiencies within DEPARTMENT and PROGRAM MANAGEMENT staffing and maintenance of staffing efficiencies within the PRGRAM MANAGEMENT Team. A3.01-9Procedures & Process Improvements: Assist with the development of procedures and procedure manuals for various program activities and processes. Develop or assist with the development of standard documents and/or forms utilized in the implementation of the program (such as legislation, procurement documents, uniform specifications, contract general conditions, individual project analyses, resident notices and newsletters). Assist with the development and implementation of a contractor and NE Consultant performance review program. A3.01-10 Document Control & Records Management: Develop or assist with the development of a document management system for the program; maintain documentation and correspondence relating to the program that is accessible and will be owned by the City. A3.01-11 Annual Capital Plan: Assist with the preparation of the annual Capital and Transportation Improvement Plan. A3.01-12 Inter -Agency Coordination: Assist with the overall coordination of the City's program with other governmental agencies, such as the Florida Department of Transportation (FDOT), Miami -Dade County Public Works and Water and Sewer Departments, utility companies, regulatory agencies and with private developers. A3.01-13 Annual Work Program: Prepare estimated man -power requirements and estimates of resource costs for proposed services. A3.01-14 Staff & Business Development: Assist with the development and implementation of other staff development programs, mentor department staff A3.01-15 ADA Compliance: Provide regular and systematic reviews of all projects, during critical phases of project implementation (planning, design and construction) to assist in compliance with the Americans with Disbilities Act. A3.01-16 Prepare official minutes for scope of services and other meetings for the Department's approval and dissemination. A3.02 PRODUCTION MANAGEMENT SERVICES A3.02-1 General Project Administration and Fiscal Activities A3.02-1(a) Cost Control: Provide value engineering throughout project life cycles as requested, and verify constructability of plans & specifications. A3.02-1(b) Financial: Prepare monthly cash draw projections, monitor monthly project expenditures. Review, monitor and advise the City regarding the disposition of payment requisitions from contractors and/or consultants. Assist with timely submission of payment requisitions to meet cash flow commitments, Monitor project funding, prepare financial projections as required. A3.02-1(c) Reporting: Provide progress reports and status information on assigned project(s) to City designees at frequencies identified by Director or Designee. A3.02-1(d) Communication & Outreach: Attend and address meetings with City officials, neighborhood groups, and private citizens concerning projects, respond to questions and concerns about the project at City Commission meetings, assist the City with public information, notifications and public meetings required in relation to assigned design construction projects. A3.02-1(e) information Management, Document Control: Maintain files of all documentation and correspondence relating to the program and specific projects in an orderly system which will be submitted to the City upon completion of the project. Maintain project data within the MCPS application or its successor program. A3.02-1(f) Legal & Other Services: Should legal issues arise relating to a project, provide records, depositions and testimony about affected projects. Provide consulting services on other matters relating to the projects and/or program. A3.02-1(g) Project Scoping: Assist with devising and/or confirming detailed project scopes with staff and client departments, commensurate with funding. A3.02-2Desiun & Production Activities A3.02.2(a) Project Scoping: Assist with devising and/or confirming detailed project scopes with staff and client departments, commensurate with funding. Verify the accuracy of . Architect's/Engineer's budget and design estimates against cash flow commitments. Program Manager shall consider prioritization CITY Contract No. K-04-00648 Page A-3 ATTACHMENT A - SCOPE OF SERVICES and design alternates as contingency measures to verify that cash flow commitments are achieved. A3.02-2(b) Schedules & Budgets: Develop work plans, schedules and budgets for the overall program and for assigned projects. Coordinate the design, preparation of construction documents, procurement/bidding and establishment of construction schedules with City staff. A3.02-2(c) Reviews: Provide design and constructability reviews of plans and specifications at progress intervals. Such reviews shall not relieve the designer of record of liability associated with any errors or omissions in the plans and specifications, the responsibility of which shall remain solely with the designer of record. A3.02-2(d) ADA Compliance: Review compliance with handicapped accessibility and maintain documentation/justification when full compliance cannot be achieved. Such review shall not relieve the designer of record of liability associated with any errors or omissions in the plans and specifications, the responsibility of which shall remain solely with the designer of record. A3.02-2(e) Permits & Approvals: Facilitate and/or assist the City in obtaining all Federal, State and local permits or approvals (from agencies such as Miami -Dade Water and Sewer, DERM, Environmental, and Department of Health). Review such permits for consistency with ; CITY approved plans and for special requirements or conditions, if any. It is the responsibility of the designer of record to file for and obtain all permits. A3.02-2(f) Utillity Coordination: Facilitate comprehensive utility coordination to assist with conflict resolution and coordination among City, designer's of record, and various utility capital plans and owners. A3.02-2(g) Public Outreach: Coordinate and assist in hosting of periodic meetings at frequencies determined by the Director or Designee with Program Managers to promote best practices by City and industry. A3.02-3Bids and Contracts A3.02.3(a) Prepare and/or assist with the preparation of solicitation documents such as RFPs, RFQs, and Invitations to Bid. A3.02-3(b) Review and tabulate construction bids, proposals for architect/engineering services, and like documents. A3.02-3(c) Review appropriateness of ale consultant and contractor fee proposals with Department personnel as appropriate. A3.02-3(d) Provide input and assist with the selection and evaluation of consultants, contractors, and other service providers. A3.02-3(e) Assist with preparation of award documents, grant applications and contracts, and assist with the administration of grants. A3.02-3(f) Manage and oversee the selection, monitoring and oversight of Job Order Contracts in use by the City; assist in the preparation, evaluation and award of new Job Order Contracts if deemed necessary by DIRECTOR. A3.02-3(g) Seek to encourange the participation of minority, small and/or disadvantage businesses as well as unemployed City of Miami residents, and promote affirmative action policies. A3.02-3(h) Participate and assist or coordinate negotiations with consultants and/or contractors regarding price proposals and/or adjustments in time for performance of services which may result in supplemental services. A3.03 CONSTRUCTION ADMINISTRATION The City of Miami has contracted separately with various firms provideing construction engineering and observation (CEO) services . The Program Manager will assist the City in the management of the CEO services, including the following tasks: A3.03.1 Provide administrative coordination between active construction projects in the same or adjacent areas. A3.03-2Review and monitor traffic plans, and provisions to protect existing facilities during construction. A3.03-3Visit the jobsites periodically and as needed to monitor construction progress. A3.03-4Review and recommend approval of Requests for Change Orders. A3.03-5Verify that contractors have filed safety and affirmative action policies. However, Program Manager shall not be responsible for jobsite safety or for contractors failure to comply with affirmative action and safety policies. A3,03-6Administer construction contracts. A3.03-7 Oversee work of Construction Engineering Observation Program Managers. A3,03-6 Perform and implement claims avoidance analysis. Devise and implement initiatives and proactively assist contractors in methods intended to minimize potential claims and disturbances to public. A3.03-9 Coordinate special inspections including major trades, as requested by the DIRECTOR. A3.03-10 Review, monitor and recommend approval of payment requisitions from the contractor and other Program Managers. CITY Contract No. K-04-00648 Page A-4 ATTACHMENT A - SCOPE OF SERVICES A3.03-11 Monitor monthly construction - related expenditures by the CITY. A3.03-12 Coordinate and assist in hosting of periodic meetings at frequencies determined by the Director or Designee with contractors to promote best practices by City and industry. ARTICLE A4SPECIALTY SERVICES The specific scope of activities required as SPECIALTY SERVICES shall vary depending on nature of the specific endeavor, and may encompass any or all of the tasks described under PRIMARY SERVICES. The required tasks and/or activities shall be described in a proposal that shall form the basis for a WORK ORDER to be approved by the DIRECTOR, CITY MANAGER and/or CITY COMMISSION, as appropriate. ARTICLE A5STAFFING The PROGRAM MANAGER will perform all services described in this Scope of Services by use of the CORE PROGRAM STAFF and/or the SUPPLEMENTAL (Hourly Rate) STAFF, as described below. The ANNUAL WORK PROGRAM shall delineate the total anticipated CORE and SUPPLEMENTAL STAFF levels. Individual WORK ORDERS shall likewise depict staff and/or activities as being ofered on a lump sum, performance basis or houlry-rate, limiting amount basis. The DIRECTOR's input regarding staff and work assigned as CORE PROGRAM STAFF and SUPPLEMENTAL STAFF shall be duly considered by PROGRAM MANAGER in preparing the ANNUAL WORK PROGRAM or any individual WORK ORDER proposal and failure to adequately address such concerns regarding staff assignments may be cause for DIRECTOR's rejection of same. All staff shall be duly qualified, trained and/or licensed to perfrom the Work assigned to them. A5.01 CORE PROGRAM STAFF As depicted in the ANNUAL WORK PROGRAM, a significant portion of the PRIMARY SERVICES shall be perfomed by PROGRAM MANAGER's staff assigned on a full-time basis and housed at the Miami Riverside Center. Such personnel shall be considered CORE PROGRAM STAFF, and shall be shown in the ANNUAL WORK PROGRAM and billed to the CITY on a Lump Sum Basis. Any reduction in the Scope of Work assigned to the CORE PROGRAM STAFF should trigger a corresponding reduction in the Lump Sum Compensation, as provided in Article B3.01-3 A5.02 SUPPLEMENTAL STAFF The work assignments performed by these staff will be requested by the CITY and/or the PROGRAM MANAGER for individual or short term tasks, or for long-term and continuing service tasks, associated with any element of the Scope of Services. The level of effort anticipated for these staff members and their assignments will be analyzed by the DIRECTOR and/or his/her designee on an as needed basis, and the progress will be measured through the Progress Reporting to accompany the monthly invoicing. A5.03 SPECIALTY STAFF Staff assigned via WORK ORDER to a given scope of Work shall be duly qualified and experienced in fields directly related to the SPECIALTY SERVICES. Individual WORK ORDERS shall depict staff and/or activities as being ofered on a lump sum, performance basis or hourly -rate, limiting amount basis. A5.04 STAFFING CHANGES If additional staff is warranted in the opinion of the PROGRAM MANAGER due to workload issues, a written request will be made by PROGRAM MANAGER to the DIRECTOR whose written approval is required as described below. A5.04-1 Changes due to Absence or Termination: If there are changes in the staff depicted in the ANNUAL WORK PROGRAM or an authorized WORK ORDER, particularly in CORE PROGRAM STAFF, due to voluntary or involuntary termination, that position will be replaced within five (5) business days of the date of separation, or as requested by the DIRECTOR. Should an individual staff, particularly within the CORE PROGRAM STAFF, be absent for more than 15 consecutive business days due to vacation, illness or other matter, PROGRAM MANAGER shall provide a qualified replacement that is acceptable to the DIRECTOR. DIRECTOR, in his/her sole discretion, may additionally request qualified replacement staff due to absences of less that 15 business days if warranted by the nature of the work handled by that staff. Such changes shall be noted and approved in writing. A5.04-2Changes due to Work Requirements: DIRECTOR's approval shall be in writing for additional or replacement CORE STAFF and for additional SUPPLEMENTAL STAFF estimated to work in excess of 20 hours per month in total. In such cases, PROGRAM MANAGER shall provides a writen proposal to DIRECTOR detailing anticipated man-hour and related requirements for the task or activity to be assigned to additional SUPPLEMENTAL STAFF. Where SUPPLEMENTAL STAFF are required on an ad hoc, non -repetitive basis for 20 hours per month or less in total, the DIRECTOR'S approval may be designated by his/her approval of the invoice that contains and specifically identifies such additional staff. Such addition of STAFF shall be duly noted in the Monthly invoice and Progress Report. PROGRAM MANAGER shall CITY Contract No. K-04-00648 Page A-5 ATTACHMENT A - SCOPE OF SERVICES bear the cost of any additional staff not approved by DIRECTOR. A5.04-3Electranic mail requests or proposals and authorizations are acceptable. ARTICLE A6ASSIGNMENT OF WORK It is the intent and purpose of the CITY that PROGRAM MANAGER shall provide the Primary Services hereunder as an extension of the Department's resources as may be authorized by the DIRECTOR. It is envisioned that areas of responsibilities and specified tasks will be assigned by the DIRECTOR as part of his/her approval of an ANNUAL WORK PROGRAM as prescribed below, consisting of the total anticipated CORE Program and SUPPLEMENTAL Staff levels as part of a separately scoped and negotiated Work Order for Specialty Services, as part of routine management meetings, and on an as needed basis throughout the term of the Agreement. A6.01 ANNUAL WORK PROGRAM An ANNUAL WORK PROGRAM, consisting of the total anticipated CORE PROGRAM STAFF and SUPPLEMENTAL STAFF levels, shall be prepared and provided to the Director at least annually, or at the frequency requested by the DIRECTOR. The Annual Work Program shall cover all PRIMARY SERVICES as well as estimates for known SPECIALTY SERVICES. The ANNUAL WORK PROGRAM shall identify and estimate the level of both CORE and SUPPLEMENTAL STAFF to be provided for the up- coming program year. However, PROGRAM MANAGER may augment staff with additional personnel as needed throughout the year to accomplish the assigned work, subject to the approval of the DIRECTOR as provided in Section A5.04. At least sixty (60) days prior to the anniversary date of this Agreement, PROGRAM MANAGER shall prepare a comprehensive report of accomplishments, and proposed goals, strategies, tasks and activities to be undertaken for the following year under this Agreement, along with a detailed analysis of personnel, other resources and compensation required to accomplish same for the up -coming period. Such ANNUAL WORK PROGRAM shall be consistent with the financial and programmatic objectives of the CITP. The DIRECTOR shall critically review the proposed ANNUAL WORK PROGRAM, with input from CITY staff or others, and direct such modifications as he/she deems appropriate in his/her sole discretion. When the ANNUAL WORK PROGRAM is deemed acceptable 10 DIRECTOR, he/she will notify PROGRAM MANAGER in writing of its approval for implementation for the following program year. The DIRECTOR's approval of the ANNUAL WORK PROGRAM may be subject to the additional authorization of the City Manager and/or the City Commission depending on the extent of variation, if any, from the Summary of Compensation depicted in Schedule B5. A6.02 WORK ORDERS FOR SPECIALTY SERVICES When a specific task above and beyond the scope of PRIMARY SERVICES assigned to the CORE PROGRAM STAFF and the SUPPLEMENTAL STAFF as provided in the ANNUAL WORK PROGRAM, the DIRECTOR or his/her authorized designee, will request, in writing where practicable, a proposal from the PROGRAM MANAGER for SPECIALTY SERVICES based on a proposed scope of work. The PROGRAM MANAGER and Director, and others if appropriate, may have preliminary meetings, if warranted, to further define the Scope Of Work and to resolve any questions regarding the proposed Project. The PROGRAM MANAGER shall then prepare a written "Work Order Proposal" for the required SPECIALTY SERVICES generally following the guidelines attached hereto as Schedule A3, indicating the proposed scope of services, time of performance, proposed fees, Subconsultants If warranted, deliverable items and/or documents, and funding and/or estimated construction cost, if provided by CITY. The Work Order Proposal shall depict detailed staffing committments for the proposed SPECIALTY SERVICES and the method of compensation, either Lump Sum or Houly Rate/Limiting Amount. When consensus is reached, the PROGRAM MANAGER shall prepare a revised and final Work Order Proposal which will be attached and incorporated to the WORK ORDER authorized by the DIRECTOR. The WORK ORDER shall first be executed by the PROGRAM MANAGER as "Accepted and Approved." The Work Order is then approved by the DIRECTOR, City Manager, and/or City Commission, in accordance with provisions of the City Code. When the WORK ORDER is fully executed, written "Notice to Proceed" will be issued by the DIRECTOR and/or his/her designated designee. CITY Contract No, K-04-00648 Page A-6