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HomeMy WebLinkAboutExhibit 2PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL Under the -direction of. the Director or designee, Consultant is to assist in the programmatic management and administration of the Transportation Program of the City, consisting of, but not limited to, planned and unplanned--- - transportation improvements, analysis, studies, design, and construction Projects. It is the intent and purpose of the City that Consultant shall provide the Services hereunder as an extension of Office of Transportation's resources by providing qualified administrative, technical and professional personnel to perform the duties and responsibilities assigned under the terms of this Agreement. The Consultant shall minimize reliance on the Office of Transportation's resources for assignments and activities provided under the Agreement, as may be authorized by the Director or designee. Consultant shall use its best effort at all times to cause the Services to be performed in the most expeditious and cost effective manner consistent with the interests of the City. A1.01 RANGE OF SERVICES A1.01-1 Consultant may be required to perform all or some of the Services presented in this Agreement, depending on the needs of the City. The Consultant 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 Consultant. A1.01-2 TPSS may include, but are not limited to, research and analysis, preparation of reports, studies, coordination with community organizations, project management, production management, owner's representative, construction administration, inter -agency coordination cost estimating, value engineering, scheduling, , utility coordination, document control and records management, and administrative, and financial Program_ management for the City's Transportation Program. The Services may further include but are not limited to planning, programming, field investigations, obseivatioril, -feasibility- studies,- alternative --analysis-. studies, cost modeling, and other activities that may be required to complete the Annual Work Program and approved Work Orders. A1.01-3 The Scope of Services does not include Work on the Streetcar Program. Should the City desire to include such Services under this Agreement, the City Commission will be required to approve the inclusion of the Streetcar Program within the Agreement. A1.01-4 The City, at its option, may elect to expand, reduce or delete the extent of Work elements described in the Scope of Services, provided such action does not alter the intent of the Agreement. The Director or designee will request Consultant Services on an as -needed basis. There is no guarantee that any or all of the Services described in this Agreement will be assigned during the term of this Agreement. A1.02 COOPERATIVE WORK The Consultant will be responsible to Work in cooperation with the Office of Transportation, City administration, officials of the City, client departments and agencies, community and other stakeholders, with consultants, and contractors to administer the Transportation Program's Projects. A1.03 NON-EXCLUSIVE RIGHT It is understood that any Work Order and Notice to Proceed will be issued under this Agreement at the sole discretion of the Director or designee and that the Consultant has no expectation, entitlement, right to or privilege to receive a Work Order or Notice to Proceed for any Project or Work. The City reserves at all times the right to perform any and all Services in-house, or with other private professional consultants, architects or engineers consistent with applicable law, including Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act) if required, or to discontinue or withdraw any or all Projects or Work or to exercise every other choice allowed by law. This Agreement does not confer on the Consultant any particular, exclusive or special rights to any Work required by the City. A1.04 PAYMENTS The City will pay the Consultant a stipulated monthly amount for Core Program Staff and a separate amount for Supplemental Staff and for each Work Order issued, in accordance with provisions and limitations of Attachment B. No payment will be made for the Consultant'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 /or Purchase Order. ARTICLE A2 OVERVIEW OF TRANSPORTATION PROGRAM SUPPORT SERVICES A2.01 PRIMARY SERVICES These Services include, but are not necessarily be limited to those identified in Article A1.01 Range of Services A2.02 SPECIALTY SERVICES Where Director or designee, 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 and such Services are unavailable from within the City's personnel resources, hereinafter Specialty Services, Consultant shall provide a Work Order Proposal for the performance of said Services. Said proposal shall identify, in such detail as deemed appropriate by the Director or designee, 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 Director or designee, and will 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 Consultant 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 A3 PRIMARY SERVICES Those Services considered by the City to be fundamental to the successful management of the overall Transportation and Transit Program shall be considered Primary Services and shall consist, generally of the following areas. A3.01 ADMINISTRATIVE PROGRAM MAN-AGEMENT The Consultant, in its capacity as Program Manager, will assist in the comprehensive coordination, development, and management, including, but not limited to, the following Services and/or activities: A3.01-1 Program Implementation Strategies: research and recommend the most -effective methods to implement all aspects of the overall Program. A3.01-2 Program Coordination: A3.01-3 Program Logistics: Develop comprehensive Program Work plans, schedules and budgets. A3.01-4 Fiscal Management Assistance: Develop financial projections, monitor and track Program funds, financing and cash flows. Assist with the development of program and financial data for potential financing options, including investment bonds, which may be utilized to implement the Program. A3.01-5 Reporting: Furnish regular progress and status reports on the Program at intervals determined by the Director or designee or as significant issues become known to the Consultant. A3.01-6 Staffing: Maintain staffing efficiencies within TPSS' Team. A3.01-7 Procedures & Process Improvements: Development of procedures and procedure manuals for various Program activities and processes. Develop or assist with the development of standard documents and/or forms. A3.01-8 Document Control & Records Management: 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. A3.01-9 Inter -Agency Coordination: Overall coordination of the City's Program with other governmental agencies, such as the Florida Department of Transportation (FOOT), Miami -Dade County Public Works and Water and Sewer Departments, utility companies, regulatory agencies and with private developers. A3.01-10 Annual Work Program: Prepare estimated manpower requirements and estimates of resource costs for proposed Services. A3.01-11 Staff & Business Development: Development and implementation of staff development programs, and mentor Office of Transportation staff on an on -going, informal basis. A3.01-12 Prepare official minutes of meetings for the Director or designee'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. A3.02-1(b) Financial: Prepare monthly cash draw projections, monitor monthly Project expenditures. Review, monitor and advise the City regarding the disposition of contractors and/or consultants payment requisitions. City's Initials Assist with timely submission of payment requisitions to meet cash flow commitments. Monitor Project funding, and 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: At the direction of the Director or designee attend and address meetings with City officials, neighborhood groups, and private citizens concerning Projects, respond to questionsandconcerns 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 and/or 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 mattersrelating to the Projects and/or Program. A3.02-2 Design & Production Activities A3.02-2(a) Project Scoping: Devise and/or confirm detailed Project scopes commensurate with funding. Verify the accuracy of Architect's/engineer's budget and design estimates against cash flow commitments. Consultant shall consider prioritization 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. A3.02-2(c) 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, FDOT, Dade County Public Works Department, and Department of Health), etc. Review such permits for consistency with City approved plans and for special requirements or conditions, if any. It is the responsibility of the designerof record to file for and obtain all permits._ A3.02-2(d) Utility Coordination: Facilitate comprehensive utility coordination to assist with conflict resolution and coordination among City, designers of record, and various utility capital plans and owners. A3.02-2(e) Public Outreach: Assist in coordinating and hosting of periodic meetings at frequencies determined by the Director or designee, to promote best practices by City and industry. ARTICLE A4 STAFFING The Director or designee has the right to approve and regulate the Consultant's workforce and approve specific Consultant's employees. The Consultant will perform all Services described in this Scope of Services by use of the Core Program Staff and/or the Supplemental Staff, as described below. The Annual Work Program shall delineate the total anticipated Core Program and Supplemental Staff levels. Individual Work Orders shall likewise depict staff and/or activities as being offered on a lump sum, performance basis or hourly -rate, limiting amount basis. The or designee's input regarding staff and Work assigned as Core Program Staff and Supplemental Staff shall be duly considered by Consultant 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 or designee's rejection of same. All staff shall be duly qualified, trained and/or licensed to perform the Work assigned to them. The Consultant shall designate a Program Coordinator to manage this Agreement who shall be located at an office maintained by the Consultant. This individual shall be responsible for all administrative functions associated with the Agreement. The Program Coordinator and any other employee's of the Consultant performing solely administrative functions, who are not located at the MRC, shall be part of the Consultant's overhead and not direct billable charges under this Agreement. A4.01 CORE PROGRAM STAFF As depicted in the Annual Work Program, a portion of the Primary Services shall be performed by Consultant's staff assigned on a full-time basis and housed at the Miami Riverside Center building. Such personnel shall be considered Core Program Staff, and shall be shown in the Annual Work Program and billed to the City on a monthly lump sum basis. Any modification in the Scope of Work assigned to the Core Program Staff should trigger a corresponding modification in the Lump Sum Compensation, as provided in Article B3.01-2. Upon award of an Agreement the Director or designee shall issue a Work Order covering the initial Core Program Staff, which shall reflect the monthly levels of compensation and Services and a separate Work Order covering the A41 City's Initials initial Supplemental and/or Specialty Staff, which shall reflect their Services, and methods an levels of compensation. The City does not anticipate that Core Staff wilt be included in the initial Work Order. A4.02 SUPPLEMENTAL AND SPECIALTY STAFF The Work assignments performed by these staff will be requested in writing by the Director or designee 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 or designee on an as needed basis and the progress will be measured through the Monthly Progress Report to accompany the monthly invoicing. Staff shall be assigned via Work Order to a given scope of Services. Individual Work Orders shall depict staff and/or activities as being offered on a lump sum, performance basis or hourly -rate, limiting amount basis. A4.03 STAFFING CHANGES If additional staff is warranted in the opinion of the Consultant due to workload issues, a written request will be made by Consultant to the Director or designee whose written approval is required as described below. A4.03-1 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 or designee 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, Consultant shall provide a qualified replacement that is acceptable to the Director or designee. Director or designee, in Director or designee's sole discretion, may additionally request qualified replacement staff due to absences of Tess that 15 business days if warranted by the nature of the Work handled by that staff. The Director or designee may request one or more resumes for any personnel to be assigned and may also request to interview the proposed personnel and select the most qualified person(s), in the City's sole opinion. Selection of such a person to work -on--the Program does not change the Consultant's sole responsibility and liability for the performance and actions of said person. Such changes shall be noted and approved in writing.. _ .. A4.03-2 Changes due to Work Requirements: Director or designee's approval shall be in writing for additional or replacement Core Program Staff and for additional Supplemental Staff not included in the Annual Work Program and estimated to work in excess of 20 hours per month in total. In such cases, Consultant shall provides a written proposal to Director or designee detailing anticipated man-hour and related requirements for the task or activity to be assigned to additional Supplemental Staff. The Director or designee may request one or more resume for any personnel to be assigned and may also request to interview the proposed personnel and select the most qualified person, in the City's sole opinion. Selection of such a person to work on the Program does not change the Consultant's sole responsibility and liability for the performance and actions of said person.. ARTICLE A5 ASSIGNMENT OF WORK It is the intent and purpose of the City that Consultant shall provide the Primary Services hereunder as an extension of Office of Transportation's resources as may be authorized by the Director or designee. It is envisioned that areas of responsibilities and specified tasks will be assigned by the Director or designee or designee as part of his/her approval of an Annual Work Program as prescribed below, consisting of the total anticipated Core Program and Supplemental and Specialty Staff levels A5.01 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 or designee annually,. The Annual Work Program shall cover all Primary Services (Core and Supplemental) as well as Specialty Services. Consultant shall submit their Annual Work Plan with sufficient time to be reviewed and negotiated in time to issue a Work Order for the plan before the end of the year. The Work Plan shall include all authorized Services and Work Orders, staffing (including a detailed description of what each Consultants and Sub -Consultants are and will be working on), proposed fees for the Work Plan year with specific timetables for completion of all assigned tasks and Work Orders. The Annual Work Program shall identify and estimate the level of both Core Program and Supplemental Staff to be provided for the up -coming Program year. However, Consultant may be required to augment staff with additional personnel as needed throughout the year to accomplish Work and Work Orders, subject to the approval of the Director or designee. At (east sixty (60) days prior to the anniversary date of this Agreement, Consultant shall prepare a new Annual Work Pro ram which is a comprehensive report of accomplishments, and proposed goals, strategies, tasks and activities City's Initials 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 Transportation and Transit Program. The Director or designee 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 to Director or designee, he/she will notify Consultant in writing of its approval for implementation for the following Program year. A5.02 WORK ORDERS When a specific task above and beyond the scope of the initial Core Program Staff Work Order assigned to the Core Program Staff and the Supplemental Staff or as provided in the Annual Work Program of Work Orders, the Director or designee, will request a Work Order Proposal from the Consultant for said Services based on a proposed Scope of Services provided by the Director or designee. The Consultant and Director or designee, 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 Consultant shall then prepare a written "Work Order Proposal" for the required Services generally following the guidelines provided by the Office of Transportation, indicating the proposed Scope of Services, time of performance, proposed fees, Subconsultants if warranted, deliverable items and/or documents, and timeframe to complete the Work. The Work Order Proposal shall depict detailed staffing commitments for the proposed Services and the method of compensation, either Lump Sum or Hourly Rate/Limiting Amount. The Consultant shall not be compensated for the preparation or Work Order Proposals. When consensus is reached, the Consultant shall prepare a revised and final Work Order Proposal which will be attached and incorporated to the Work Order authorized by the Director or designee. Upon acceptance of the Work Order Proposal a "Notice to Proceed" will be issued by the Director or designee. No guarantee is made as to how many and the extent of Work Orders issued to the Consultant. City's Initials SCHEDULE Al. — Consultant Team The following table summarizes the rotes for all members of the Consultant Team anticipated to work on the Professional Transportation Program Support Services Agreement for the City. FIRM MAJOR ROLE PRIMARY & SUPPLEMENTAL SERVICES Jeffery A. Parker & Associates Financial Analysis & Contract Development Support Jones Lang Contract Development & Financial Analysis Support Media Relations Group Community Outreach & Media Relations LTK Engineering, Inc. Technical Support on an as needed basis Page A-22 SCHEDULE A2. - KEY STAFF NAME JOB CLASSIFICATION John Kulpa, PhD Project Manager, Streetcar & Transportation Errol Taylor, PE Circulator Service Analysis & Implementation Jim Cowdery Contract Development Alicia Gonzalez Community Outreach/Public Relations Nck Serianni Financial Analysis Page A-23