Wolfberg Alvarez Professional Service Agreement goia -R73
512a -a/o
AGREEMENT BETWEEN
CITY OF MI I BEACH
AND
WOLFBERG ALVAREZ AND PARTNERS
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
FOR THE
PROPERTY MANAGEMENT FACILITY PROJECT
Resolution No. 2010 -27383
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
TABLE OF CONTENTS
DESCRIPTION PAGE
ARTICLE 1 DEFINITIONS 1
ARTICLE 2. BASIC SERVICES 6
ARTICLE 3. THE CITY'S RESPONSIBILITIES 13
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 16
ARTICLE 5. ADDITIONAL SERVICES 17
ARTICLE 6. REIMBURSABLE EXPENSES 18
ARTICLE 7. COMPENSATION FOR SERVICES 18
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 20
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 20
ARTICLE 10. TERMINATION OF AGREEMENT 21
ARTICLE 11. INSURANCE 23
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 24
ARTICLE 13. ERRORS AND OMISSIONS 24
ARTICLE 14. LIMITATION OF LIABILITY 25
ARTICLE 15. NOTICE 26
ARTICLE 16. MISCELLANEOUS PROVISIONS 27
SCHEDULES:
SCHEDULE A SCOPE OF SERVICES 33
SCHEDULE B CONSULTANT COMPENSATION 34
SCHEDULE C HOURLY BILLING RATE 35
SCHEDULE D CONSTRUCTION COST BUDGET 36
SCHEDULE E PROJECT SCHEDULE 37
SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 38
SCHEDULE G INSURANCE AND SWORN AFFIDAVITS 39
SCHEDULE H BEST VALUE AMENDMENT 40
ii
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
WOLFBERG ALVAREZ AND PARTNERS
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
PROPERTY MANAGEMENT FACILITY PROJECT
This Agreement made and entered into this _ day of , 2010, by and between the CITY OF
MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal
offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and
WOLFBERG ALVAREZ AND PARTNERS, a Florida corporation having its principal office at 1500 San Remo
Avenue, Suite 300, Coral Gables, Florida, 33146 (hereinafter referred to as Consultant).
WITNESSETH:
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more
particularly described in the attached Schedule "A ", and wishes to engage the Consultant to provide specific
professional services including, without limitation, A/E services, for the Project, at the agreed fees set forth in
this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of the aforestated
professional services relative to the Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement
herein contained, agree as follows:
1
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139.
1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the
City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The
City Manager shall be construed to include any duly authorized representatives designated in writing
(including the Project Coordinator) with respect to any specific matter(s) concerning the Services
and /or this Agreement (exclusive of those authorizations reserved to the City Commission or
regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the
Services, and /or this Agreement).
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications No. 10-
09/10, entitled "Planning, Design, Bid and Award, and Construction Administration Services for the
Property Management Facility Project ", issued by the City in contemplation of this Agreement, together
with all amendments thereto (if any), and the Consultant's proposal in response thereto (Proposal),
which is incorporated by reference to this Agreement and made a part hereof; provided, however, that
in the event of an express conflict between the Proposal Documents and this Agreement, the
Agreement shall prevail.
1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the
architect /engineer who has entered into a contract with the City to provide the Services described
under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed
to include any officers, employees, sub - consultants, agents, and any other person or entity acting
under the supervision, direction, or control of Consultant. Any sub - consultants retained by Consultant
for the Project shall be subject to the prior written approval of the City Manager. Consultant shall
provide the Project Coordinator with copies of the contract between Consultant and any sub -
consultants. Any such contracts shall contain provisions that preserve and protect the rights of the
City under this Agreement. Nothing contained in this Agreement shall create any contractual
relationship between the City and sub - consultants. Any approval of a sub - consultant by the City shall
not, in any way, shift the responsibility for the quality and acceptability by the City of the services
performed by the sub - consultant, from the Consultant to City. Payment of sub - consultants shall be the
2
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
responsibility of the Consultant, and shall not be cause for any increase in compensation to the
Consultant for payment of the Basic Services. The quality of services and acceptability to the City of
the services performed by such sub - consultants shall be the sole responsibility of Consultant.
The following subconsultants are hereby approved by the City Manager for the Project:
Landscape Architect: O'Leary Richards Design Associates
Structural Engineer: Martinez Engineering Group, Inc.
1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual designated in
writing by the City Manager who shall be the City's authorized representative to coordinate, direct, and
review (on behalf of the City) all matters related to the Project during the design and construction of the
Project (unless expressly provided otherwise in this Agreement or the Contract Documents).
1.7 [Intentionally Omitted]
1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform
in accordance with the terms of the Agreement (as required to complete the Project) and as further
described in Article 2 and Schedule "A" hereto. In addition any Services not specifically addressed as
Additional Services (as defined herein) are considered Basic Services.
1.9 PROJECT: The "Project" shall mean that certain City capital project that has been approved by
the City Commission and is described in Schedule "A" hereto.
1.9.1 Project Cost: The "Project Cost ", shall mean the estimated total cost of the Project, as
prepared and established by the City, including the estimated Construction Cost and Soft Costs.
The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion,
to accommodate approved modifications or changes to the Project or scope of work.
1.9.2 Project Scope: The "Project Scope" shall mean the description of the Project in Schedule
"A" hereto.
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the actual total
cost to the City of the Work (as established in the Contract Documents, as they may be amended from
time to time), including a contingency allowance for unforeseen conditions, not to exceed ten percent
(10 %) of the construction cost for new construction, or twenty percent (20 %) of the construction cost for
3
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
rehabilitation of historic buildings.
For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or
competitive bid received and accepted from a responsive and responsible bidder or proposer for such
Work.
1.10.1 Construction Cost Budget: The "Construction Cost Budget" shall mean the amount
budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto.
1.10.2 Statement Of Probable Construction Cost: The "Statement of Probable Construction
Cost" shall mean the latest approved written estimate of Construction Cost submitted by
Consultant to the City, in a format approved by the Project Coordinator.
For Work which bids or proposals have not been let, the Statement of Probable Construction Cost
shall be the same as the Construction Cost.
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible
force occasioned by violence in nature without the interference of human agency such as hurricanes,
tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in
Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ;
or other causes beyond the parties' control which have, or may be reasonably expected to have, a
material adverse effect on the Project, or on the rights and obligations of the parties under this
Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid;
provided, however, that inclement weather (except as noted above), the acts or omissions of sub -
consultants /sub - contractors, market conditions, labor conditions, construction industry price trends, and
similar matters which normally impact on the construction process SHALL NOT be considered a Force
Majeure.
1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation,
joint venture, or other entity contracting with City for performance of the Work covered in the Contract
Documents.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all
exhibits, addenda, and written amendments issued thereto), and the documents prepared by Consultant
in accordance with the requirements of the Scope of Services in Schedule "A" hereto (that form the
4
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
basis for which the City can receive bids for the Work included in the documents). The Contract
Documents shall also include, without limitation (together with all exhibits, addenda, and written
amendments issued thereto), the invitation to bid (ITB), instructions to bidders, bid form, bid bond, the
Contract for Construction, surety payment and performance bonds, Conditions of the Contract for
Construction [General, Supplementary, and other Conditions], Division 0 -17, Construction Documents,
an approved Change Order(s), approved Construction Change Directive(s), and /or approved written
order(s) for a minor change in the Work.
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding
agreement between City and with Contractor for performance of the Work covered in the Contract
Documents.
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans,
technical specifications, drawings, documents, and diagrams prepared by the Consultant pursuant to
this Agreement, which show the locations, characters, dimensions and details of the Work to be done,
and which are part of the Contract Documents.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the
Agreement approved by the City (as specified below) and executed between City and Consultant,
covering changes, additions, or reductions in the terms of this Agreement including, without limitation,
authorizing a change in the Project, or the method and manner of performance thereof, or an
adjustment in the fee and /or completion dates.
Contract Amendments shall be approved by the City Commission if they exceed twenty -five thousand
dollars ($25,000.00) or the City Manager if they are twenty -five thousand dollars ($25,000.00) or less
(or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contract Amendments for less than twenty -five thousand ($25,000.00), the City
Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any
such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the
Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and which
have been duly authorized, in writing, by the City Manager or his authorized designee, prior to
commencement of same.
5
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods,
procedures, etc. necessary or convenient to performance by Contractor of all duties and obligations
proposed by the Contract Documents.
1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant
performed pursuant to or undertaken under this Agreement.
1.20 SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction
Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing,
general consultant, financing, and permitting fees, etc.
1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents
recommended by the Consultant (and approved by the City) as being within the Construction Cost
Budget. "Base Bid" shall not include Additive Alternates or Deductive Alternates.
1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic
Services, and any Additional Services (as approved by the City), all as described in Schedule "A"
hereto.
1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement
and referred to as follows:
Schedule A — Scope of Services.
Schedule B — Consultant Compensation.
Schedule C — Consultant Hourly Billing Rate Schedule.
Schedule D — Construction Cost Budget.
Schedule E — Project Schedule.
Schedule F — General Conditions of the Contract for Construction
Schedule G — Insurance Requirements and Sworn Affidavits
Schedule H — Best Value Amendment
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract
Documents and as set forth in Schedule "A" hereto.
6
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
2.2 The Services will be commenced upon issuance of the first Notice to Proceed which shall be
issued by the Project Coordinator and counter - signed by Consultant. Subsequent Notices to Proceed
shall also be issued by the Project Coordinator.
A separate Notice to Proceed shall be required prior to commencement of each Task (as same
are set forth in Schedule "A" hereto).
2.3 As it relates to the Services and the Project, Consultant warrants and represents to City that it
is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the
jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes,
and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami -Dade
County) ordinances, codes, and rules and regulations (collectively, A li
y) g "Applicable Laws"). As they relate
to the Services and to the Project, the Consultant agrees to comply with all such Applicable Laws,
whether now in effect or as may be amended or adopted from time to time, and shall further take into
account all known pending changes to the foregoing of which it should reasonably be aware.
Recognizing that the construction of other projects within the City may affect scheduling of the
construction for the Project, the Consultant shall diligently coordinate performance of the Services with
the City (through the Project Coordinator) in order to provide for the safe, expeditious, economical and
efficient completion of the Project, without negatively impacting concurrent work by others. The
Consultant shall coordinate the Services with all of its sub - consultants, as well as other consultants,
including, without limitation, City provided consultants (if any).
2.4 The Consultant warrants and represents to City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised in the
design of comparable projects in South Florida. Consultant warrants and represents to the City that it
is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the
Services. Consultant warrants and represents to City that it is responsible for the technical accuracy
of the Services (including, without limitation, the Design Documents contemplated in Schedule "A"
hereto).
2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning, design,
bidding /award, construction administration, and Additional Services [as may be approved]), all as
described further in Schedule "A" hereto; and shall also include any and all of Consultant's
7
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the
Contract for Construction (attached as Schedule "F" hereto).
2.5.1 Planning Services:
Consultant shall provide planning services for the Project, including programming, as required
by the Contract Documents and as set forth in Task 1 of Schedule "A" hereto (entitled
"Planning Services").
2.5.2 Design Services:
Consultant shall prepare Design Documents for the Project, as required by the Contract
Documents and as set forth in Task 2 of Schedule "A" hereto (entitled "Design Services ")
2.5.3 Bidding And Award Services:
Consultant shall provide bidding and award services for the Project, as required by the Contract
Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding and Award
Services ").
2.5.4 Construction Administration Services:
Consultant shall provide construction administration services for the Project, as required by the
Contract Documents and as set forth in Task 4 of Schedule "A" hereto (entitled "Construction
Administration Services ").
2.5.5 Additional Services:
If required (and so approved) by the City, Consultant shall provide Additional Services, as
noted in Task 5 of Schedule "A" hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and /or approvals issued
by the City shall not constitute nor be deemed a release of the responsibility and liability of the
Consultant (or of any of its officers, employees, sub - consultants, agents, and /or servants), for the
accuracy and competency of its /their designs, working drawings, plans, technical specifications, or
other technical documents, nor shall such approval and /or decisions be deemed to be an assumption
of such responsibility by the City for a defect, error or omission in designs, working drawings, plans,
technical specifications, or other technical documents; provided, however, that the Consultant shall be
entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished
by the City pursuant to this Agreement.
8
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this
respect, the parties agree as follows:
2.7.1 Term: The term of this Agreement shall commence upon execution by the parties
(subject to approval of the Agreement by the Mayor and City Commission) (the Effective Date),
and shall be in effect until all Services are completed or until the work and /or services under the
Notices to Proceed in force at the end of the stated period of time have been completed and the
Services accepted, whichever may be later.
2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the
standard of professional skill and care required by this Agreement, and the orderly progress of the
Work.
2.7.3 The Services shall be performed in a manner that shall conform with the approved
Project Schedule, attached to as Schedule "E" hereto. The Consultant may submit requests for
an adjustment to the Project Schedule, if made necessary because of undue delays resulting
from untimely review taken by the City (or other governmental authorities having jurisdiction over
the Project) to approve the Consultant's submissions, or any other portion of the Services
requiring approval by the City (or other governmental authorities having jurisdiction over the
Project). Consultant shall immediately provide the Project Coordinator with written notice stating
the reason for the particular delay; the requested adjustment (Le. extension) to the Project
Schedule; and a revised anticipated schedule of completion. Upon receipt and review of
Consultant's request (and such other documentation as the Project Coordinator may require), the
Project Coordinator may grant a reasonable extension of time for completion of the particular
work involved, and authorize that the appropriate adjustment be made to the Project Schedule.
The Project Coordinator's approval (if granted) shall be in writing. Such extension of time shall
not be cause for any alarm by Consultant for extra compensation.
2.7.4 Each time any portion of the Project Schedule is not met for unapproved /unjustified
time delays (other than City- caused), the user City department shall notify the Capital
Improvements Office.
2.7.5 If the Consultant is delayed in performing any obligation under this Agreement due to
a force majeure, the Consultant shall request a time extension from the Project Coordinator within
9
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
five (5) business days of said force majeure. Any time extension shall be subject to mutual
agreement and shall not be cause for any claim by the Consultant for extra compensation, unless
additional services are required, and approved pursuant to Article 5 hereof.
2.7.6 Nothing in this Section 2.7 shall prevent the City from exercising its rights to terminate
the Agreement, as provided elsewhere herein.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working
relationship with the Project Coordinator, Contractor, and any and all other individuals and /or firms that
have been contracted, or otherwise retained, to perform work on the Project.
2.9 The Consultant shall perform its duties under this Agreement in a competent, timely and
professional manner, and shall be responsible to the City for any failure in its performance, except to
the extent that acts or omissions by the City make such performance impossible.
The Consultant is responsible for the professional quality, technical accuracy, completeness,
performance and coordination of all work required under the Agreement (including the work performed
by sub - consultants), within the specified time period and specified cost. The Consultant shall perform
the work utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient
consulting with respect to the disciplines required for the performance of the work in the State of
Florida. The Consultant is responsible for, and shall represent to City that the work conforms to City's
requirements, as set forth in the Agreement. The Consultant shall be and remain liable to the City for
all damages to the City caused by the Consultant's negligent acts or errors or omissions in the
performance of the work. In addition to all other rights and remedies, which the City may have, the
Consultant shall, at its expense, re- perform all or any portion of the Services to correct any
deficiencies which result from the Consultant's failure to perform in accordance with the above
standards. The Consultant shall also be liable for the replacement or repair of any defective materials
and equipment and re- performance of any non - conforming construction services resulting from such
deficient Consultant services for a period from the Effective Date of this Agreement, until twelve (12)
months following final acceptance of the Work, and for the period of design liability required by
applicable law. The Project Coordinator shall notify the Consultant, in writing, of any deficiencies and
shall approve the method and timing of the corrections. Neither the City's inspection, review, approval
or acceptance of, nor payment for, any of the work required under the Agreement shall be construed to
relieve the Consultant (or any sub - consultant) of its obligations and responsibilities under the
10
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of
action arising out of the performance of the Agreement. The Consultant and its sub - consultants shall
be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by
any failure of the Consultant or its sub - consultants to comply with the terms and conditions of the
Agreement or by the Consultant or any sub - consultants' misconduct, unlawful acts, negligent acts,
errors or omissions in the performance of the Agreement. With respect to the performance of work by
sub- consultants, the Consultant shall, in approving and accepting such work, ensure the professional
quality, completeness, and coordination of the sub - consultant's work.
2.9.1 The Consultant shall be responsible for deficient, defective services and any resulting
deficient, defective construction services re- performed within twelve (12) months following final
acceptance and shall be subject to further re- performance, repair and replacement for twelve
(12) months from the date of initial re- performance, not to exceed twenty -four months (24) from
final acceptance.
2.9.2 Consultant Performance Evaluation: The Consultant is advised that a performance
evaluation of the work rendered throughout this Agreement will be completed by the City and
kept in the City's files for evaluation of future solicitations.
2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for
review to other consultants (engaged by the City at its expense) any or all parts of the Services and
the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review,
or consider any work performed by Consultant (including, without limitation, contractors, other design
professionals, and /or other consultants retained by the City), the intent of such requirement is to
enable the Consultant to receive input from others' professional expertise to identify any
discrepancies, errors or omissions that are inconsistent with industry standards for design or
construction of comparable projects; or which are inconsistent with Applicable Laws; or which are
inconsistent with standards, decisions or approvals provided by the City under this Agreement.
Consultant will use reasonable care and skill, in accordance and consistent with customary
professional standards, in responding to items identified by other reviewers in accordance with this
subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation
(and where applicable), via a set of marked -up drawings and specifications. Consultant shall address
comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as
possible under the circumstances, taking into account the timelines of the Project Schedule.
11
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
2.11 [Intentionally Omitted]
2.12 Consultant agrees that when any portion of the Services relates to a professional service
which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal
entitlement to practice and /or perform such Service(s), it shall employ and /or retain only qualified duly
licensed certified personnel to provide same.
2.13 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of the
first Notice to Proceed, a qualified licensed professional to serve as its project manager (hereinafter
referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act
on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the
Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior
written approval of the City Manager or his designee (who in this case shall be the Project
Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be
made without the prior written approval of the City Manager or his designee (i.e. the Project
Coordinator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from
the City Manager or his designee (which notice shall state the cause therefore), to promptly
remove and replace a Project Manager, or any other personnel employed or otherwise retained
by Consultant for the Project ( including, without limitation, any sub - consultants).
2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non-
public information concerning the Services or the Project, without the prior written consent of the City
Manager or his designee (who shall be the Project Coordinator), unless such disclosure is incident to
the proper performance of the Services; or the disclosure is required pursuant to Florida Public
Records laws; or, in the course of judicial proceedings, where such information has been properly
subpoenaed. Consultant shall also require its employees and sub - consultants to comply with this
subsection.
2.15 The City and Consultant acknowledge that the Services do not delineate every detail and minor
work task required to be performed by Consultant to complete the Project. If, during the course of
performing of the Services, Consultant determines that work should be performed to complete the
Project which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated
in the Scope of Services, Consultant shall promptly notify the Project Coordinator, in writing, and shall
12
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
obtain the Project Coordinator's written consent before proceeding with such work. If Consultant
proceeds with any such additional work without obtaining the prior written consent of the Project
Coordinator, said work shall be deemed to be within the original Scope of Services, and deemed
included as a Basic Service (whether or not specifically addressed in the Scope of Services). Mere
notice by Consultant to the Project Coordinator shall not constitute authorization or approval by the
City to perform such work. Performance of any such work by Consultant without the prior written
consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and all Project documents and
records pertinent to the Services and shall provide the City, upon request, with copies of any and all
such documents and /or records. In addition, Consultant shall provide electronic document files to the
City upon completion of the Project.
2.17 The City's participation in the design and construction of the Project shall in no way be deemed
to relieve the Consultant of its professional duties and responsibilities under the Contract Documents
or under Applicable Law.
2.18 GREEN BUILDING STANDARDS:
The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter
100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in
Energy and Environmental Design (LEED) compliance requirements.
2.19 SUB - CONSULTANTS: All services provided by sub - consultants shall be consistent
with those commitments made by the Consultant in the Proposal and during the competitive
solicitation selection process and interview. Such services shall be pursuant to appropriate written
agreements between the Consultant and the sub - consultants, which shall contain provisions that
preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement
shall create any contractual relationship between the City and the sub - consultants.
The Consultant shall not retain, add, or replace any sub - consultant without the prior written approval of
the City Manager, in response to a written request from the Consultant stating the reasons for any
proposed substitution. Any approval of a sub - consultant by the City Manager shall not in any way shift
the responsibility for the quality and acceptability by the City of the services performed by the sub -
consultant from the Consultant to the City. The quality of services and acceptability to the City of the
services performed by sub - consultants shall be the sole responsibility of Consultant. The Consultant
13
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
shall cause the names of sub - consultants responsible for significant portions of the Services to be
inserted on the plans and specifications.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
S CITIES
3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's
authorized representative to coordinate, direct, and review all matters related to this Agreement and
the Project during the design and construction of same (except unless otherwise expressly provided in
this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without
limitation) to transmit instructions, receive information, and interpret and define City policies and
decisions with respect to the Services and the Project. However, the Project Coordinator is not
authorized to issue any verbal or written orders or instructions to Consultant that would have the affect
(or be interpreted as having the effect) of modifying or changing, (in any way) the following:
a) the Scope of Services;
b) the time within which Consultant is obligated to commence and complete the Services; or
c) the amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall make available to Consultant all information that the City has in its possession
pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such
information available to Consultant, the City makes no express or implied certification, warranty,
and /or representation as to the accuracy or completeness of such information. The Consultant
understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems
necessary all information furnished by the City, and that it is solely responsible for the accuracy and
applicability of all such information used by Consultant. Such verification shall include, without
limitation, visual examination of existing conditions in all locations encompassed by the Project, where
such examination can be made without using destructive measures (i.e. excavation or demolition).
Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the
reliability of the information.
3.3 [Intentionally Omitted]
3.4 At any time, in his /her sole discretion, the City Manager may furnish accounting, and insurance
counseling services for the Project (including, without limitation, auditing services to verify the
Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment
14
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
due to its sub - consultants or vendors).
3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non-
conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt
written notice thereof to the Consultant.
3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render
any administrative approvals and decisions required under this Agreement, in writing, as reasonably
expeditious for the orderly progress of the Services and of the Work. No City administrative
(proprietary) approvals and /or decisions required under this Agreement shall be unreasonably
conditioned, withheld, or delayed; provided, however, that the City shall at all times have the right to
approve or reject any such requests for any reasonable basis.
3.7 The City Commission shall be the final authority to do or to approve the following actions or
conduct, by passage of an enabling resolution or amendment to this Agreement:
3.7.1 Except where otherwise expressly noted in the Agreement or the Contract
Documents, the City Commission shall be the body to consider, comment upon, or approve
any amendments or modifications to this Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or approve any
Y
assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be
defined to also include sale of the majority of the stock of a corporate consultant.
3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from
administrative decisions of the City Manager or the Project Coordinator. In such cases, the
Commission's decision shall be final and binding upon all parties.
3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed
the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be
specified by the City of Miami Beach Procurement Ordinance, as amended).
3.8 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the
City's primary representative to whom administrative (proprietary) requests for decisions and
approvals required hereunder by the City shall be made. Except where otherwise expressly noted in
15
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations
which may include, without limitation, proprietary review, approval, or comment upon the schedules,
plans, reports, estimates, contracts, and other documents submitted to the City by Consultant.
3.8.1 The City Manager shall have prior review and approval of the Project Manager (and
any replacements) and of any sub - consultants (and any replacements).
3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on
matters arising pursuant to this Agreement which are not otherwise expressly provided for in
this Agreement. In his /her discretion, the City Manager may also consult with the City
Commission on such matters.
3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required,
to reallocate monies already budgeted toward payment of the Consultant; provided,
however, that the Consultant's compensation (or other budgets established by this
Agreement) may not be increased without the prior approval of the City Commission, which
approval (if granted at all) shall be in its sole and reasonable discretion.
3.8.4 [Intentionally Omitted]
3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum
of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by
the City of Miami Beach Purchasing Ordinance, as amended); provided that no such
amendments increase any of the budgets established by this Agreement.
3.8.6 The City Manager may, in his /her sole discretion, form a committee or committees, or
inquire of, or consult with, persons for the purpose of receiving advice and
recommendations relating to the exercise of the City's powers, duties, and responsibilities
under this Agreement or the Contract Documents.
3.8.7 The City Manager shall be the City Commission's authorized representative with
regard to acting on behalf of the City in the event of issuing any default notice(s) under this
Agreement, and, should such default remain uncured, in terminating the Agreement
(pursuant to and in accordance with Article 10 hereof).
16
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in Schedule
"D ", attached hereto.
4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared by
Consultant.
4.3 Consultant shall warrant and represent to the City that its review and evaluation of the
Construction Cost Budget, Statement of Probable Construction Cost, and any other cost estimates
prepared (or otherwise provided) by Consultant for the Project, represent Consultant's best judgment
as an experienced design professional familiar with the construction industry; provided, however, that
Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any
estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by
Consultant.
4.4 The Construction Cost Budget (as established in Schedule "D" hereto) shall not be exceeded
without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which
are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City
Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City
Commission. The City Commission shall have no obligation to approve an increase in the
Construction Cost Budget and, if such budget is exceeded, the City Commission may, at its sole and
reasonable discretion, terminate this Agreement (and the remaining Services) without any further
liability to the City.
4.5 If the lowest and best base bid exceeds the Construction Cost Budget by more than five percent
(5 %), the City Commission may, at its sole option and discretion, elect any of the following options: (1)
approve an increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize
rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any
further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the
lowest and best bid within the Construction Cost Budget; or (5) work with the Consultant to reduce the
Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary,
to reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the
Consultant shall provide any required revisions to the Contract Documents (including, without
limitation, the Construction Documents), and provide re- bidding services, as many times as reasonably
17
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
requested by the City, at no additional cost to the City, in order to bring any resulting, responsive
0
and responsible bids within five percent (5%) of the Construction Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consultant following receipt of written
authorization by the Project Coordinator (which authorization must be obtained prior to
commencement of any such additional work by Consultant). The written authorization shall contain a
description of the Additional Services required; an hourly fee (in accordance with the rates in Schedule
"C" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed"
amount; the amended Construction Cost Budget (if applicable); the time required to complete the
Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the
maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum
cumulative expenses allowable), which the Consultant shall not exceed without further written
authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum
cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all
costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense
reviews).
5.2 Additional Services may include, but not be limited to, the following:
5.2.1 Providing additional work relative to the Project which arises from subsequent
circumstances and causes which do not currently exist, or which are not contemplated by
the parties at the time of execution of this Agreement (excluding circumstances and causes
resulting from error, omission, inadvertence, or negligence of Consultant).
5.2.2 Serving as an expert witness in connection with any public hearing, arbitration
proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error
omission, inadvertence, or negligence of Consultant.
5.2.3 [Intentionally Omitted]
5.2.4 Assistance in connection with bid protests, re- bidding, or re- negotiating contracts
(except for Contract Document revisions and re- bidding services required under Section 4.5
hereof, which shall be provided at no additional cost to City).
18
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual
expenditures made by the Consultant in the interest of the Project. The Reimbursable Expenses
allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City. Any
money not directed to be used by City for Reimbursable Expenses shall remain with the City (i.e.
unused portions will not be paid to Consultant).
Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized, in
advance, in writing, by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall
be submitted to the Project Coordinator (along with any supporting receipts and other back -up material
requested by the Project Coordinator). Consultant shall certify as to each such invoice and /or voucher
that the amounts and items claimed as reimbursable are "true and correct and in accordance with the
Agreement."
6.2 Reimbursable Expenses may include, but not be limited to, the following:
6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans,
specifications, and other Project documents (excluding reproductions for the office use of
the Consultant and its sub - consultants, and courier, postage and handling costs between
the Consultant and its sub - consultants).
6.2.2 Costs for reproduction and preparation of graphics for community workshops.
6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction
over the Project (i.e. City permit fees).
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be $286,916.28, with a
Reimbursable Expenses allowance of $28,300.00.
7.2 Payments for Services shall be made within forty -five (45) calendar days of receipt and approval
19
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the
Services satisfactorily performed, so that the payments for Services never exceed the progress
percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-
up shall be allowed on subcontracted work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth
in Schedule "C," attached hereto. Any request for payment of Additional Services shall be included
with a Consultant payment request under Article 7.1 hereto. No mark -up shall be allowed on
subcontracted Additional Services.
7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to the
"Not to Exceed" Reimbursable allowance amount in Schedule "B" hereto. Any request for payment of
Reimbursable Expenses shall also be included with Consultant's payment request under Article 7.1.
No mark -up shall be allowed on Reimbursable Expenses.
7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive approved
and executed by the City Manager, adjust the fees included in the Hourly Billing Rate Schedule in
Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a year to year basis.
Such adjustment will be based on the cumulative change of the CPI for the Miami urban area,
provided that the annual increase shall not exceed three percent (3 %).
7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by
the City on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a
timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and
percentage completion of each phase. Invoices shall also itemize and summarize any Additional
Services and /or Reimbursable Expenses. A copy of the written approval of the Project Coordinator
for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice.
7.7.1 If requested, Consultant shall provide back -up for past and current invoices that
records hours for all work (by employee category), and cost itemizations for Reimbursable
Expenses (by category).
7.7.2 The City shall pay Consultant within forty -five (45) calendar days from receipt and
20
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
approval of an acceptable invoice by the Project Coordinator.
7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior
written approval of the City Manager before disbursement of same.
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.1 Consultant shall keep any and all such records and accounts, at Consultant's office (at the
address for Consultant designated in Article 15, "Notices," hereof), as may be required in order to
record complete and correct entries as to personnel hours charged to the Services, and any expenses
for which Consultant expects to be reimbursed. In addition to the preceding, all books, records,
correspondence, technical documents, and any other records or documents related to the Services
and /or Project will be available for examination and audit by the City Manager, or his /her authorized
representatives, at Consultant's office, during customary business hours. All such records shall be
kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete
or incorrect entries in such records and accounts relating personnel services and expenses may be
grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall
also bind its sub - consultants to the requirements of this Article and ensure compliance therewith
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
9.1 All notes, correspondence, documents, designs, drawings, renderings, calculations,
specifications, models, photographs, reports, surveys, investigations, and any other documents
(whether completed or partially completed) and copyrights thereto for Services performed or produced
in the performance of this Agreement, or related to the Project, whether in paper or other hard copy
medium or in electronic medium, except with respect to copyrighted standard details and designs
owned by the Consultant or owned by a third party and licensed to the Consultant for use and
reproduction, shall become the property of the City. Consultant shall deliver all such documents to the
Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of
expiration or earlier termination of this Agreement as the case may be). However, the City may grant
an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted
materials or portions thereof as authorized by the City Manager in advance and in writing, In addition,
the Consultant shall not disclose, release, or make available any document to any third without prior
written approval from the City Manager. The Consultant shall warrant to the City that it has been
granted a license to use and reproduce any standard details and designs owned by a third party and
21
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein
shall be deemed to exclude any document from Chapter 119, Florida Statutes.
9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior
written approval of the City Manager.
9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt
copyrighted material for additional or other work for the City; however, payment to the Consultant for
such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt
the original copyrighted material to a new site.
9.4 The City shall have the right to modify the Project or any components thereof without permission
from the Consultant or without any additional compensation to the Consultant. The Consultant shall
be released from any liability resulting from such modification.
9.5 The Consultant shall bind all sub - consultants to the Agreement requirements for re -use of plans
and specifications.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the
appropriation of funds by its legislative body in an amount sufficient to allow continuation of its
performance in accordance with the terms and conditions of this Agreement. In the event there is a
lack of adequate funding either for the Services or the Project (or both), the City may terminate this
Agreement without further liability to the City.
10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this
Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates
any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the
performance of the Services or any portion thereof; or (3) does not perform the Services or any portion
thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the
Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial
written notice of default from the City).
10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
option and discretion, may take over the remaining Services and complete them by
contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City
for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is
defined as the difference between the actual cost of completion of the Services, and the cost
of completion of such Services had the Agreement not been terminated.
10.2.2 In the event of termination for cause by the City, the City shall only be obligated to
pay Consultant for those Services satisfactorily performed and accepted prior to the date of
termination (as such date is set forth in, or can be calculated from, the City's initial written
default notice). Upon payment of any amount which may be due to Consultant pursuant to
this subsection 10.2.2, the City shall have no further liability to Consultant.
10.2.3 As a condition precedent to release of any payment which may be due to Consultant
under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project
Coordinator any and all Project documents prepared (or caused to be prepared) by
Consultant, and referenced in subsection 9.1 hereof. The City shall not be responsible for
any cost incurred by Consultant for assembly, copy, and /or delivery of Project documents
pursuant to this subsection.
10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the
City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior
written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole
discretion) it deems such termination to be in the best interest of the City. In the event the City
terminates the Agreement for convenience, Consultant shall be compensated for all Services
satisfactorily performed and accepted up to the termination date (as set forth in the City's written
notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project
documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due
to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant.
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for
cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates
any provisions of this Agreement or unreasonably delays payment of the Services or any portion
thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any
Services satisfactorily performed and accepted up to the date of termination; provided, however, that
the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's
23
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
initial written notice).
10.4.1 The Consultant shall have no right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or
for convenience), the Consultant shall immediately, upon receipt of the City's written notice of
termination: (1) stop the performance of Services; (2) place no further orders or issue any other
subcontracts, except for those which may have already been approved, in writing, by the Project
Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project
documents (for delivery to the Project Coordinator).
ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following
required insurance coverage in full force and effect. The Consultant shall not commence any work until
satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator:
(a) Professional Liability Insurance, in the amount of one million dollars ($1,000,000.00), per
occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate.
Consultant shall notify the Project Coordinator, in writing, within thirty (30) days of any claims
filed or made against its Professional Liability Insurance policy.
(b) Comprehensive General Liability Insurance, in the amount of one million dollars
($1,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for each
occurrence, which shall include products, completed operations, and contractual liability
coverage. The City of Miami Beach, Florida must be named as an additional insured on this
policy.
(c) Worker's compensation and employer's liability coverage within the statutory limits required
under Florida law.
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice
of cancellation or of substantial modifications in any required insurance coverage. All certificates and
endorsements shall contain this requirement.
11.3 The insurance must be furnished by an insurance company rated B +:VI or better, or its
24
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do
business in the State of Florida, and countersigned by the company's Florida resident agent.
11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required
insurance policies. The City reserves the right to require a certified copy of such policies, upon written
request to Consultant.
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold
harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages,
losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons
employed or utilized by the Consultant in the performance of this Agreement.
The Consultant shall a all claims and losses in
p y e connection therewith and shall investigate and
defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may
issue thereon. Consultant expressly understands and agrees that any insurance protection required
by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to
indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and
instrumentalities as herein provided.
12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible
for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors
or omissions of the Consultant in which the City participated either through review or concurrence of
the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or
other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the
Consultant (including, without limitation its sub - consultants and /or any registered professionals
(architects and /or engineers) under this Agreement.
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes
categorized by the City as caused by an error, an omission, or any combination thereof in the Contract
25
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
Documents that were prepared by the Consultant will constitute an additional cost to the City that
would not have been incurred without the error. The damages to the City for errors, omissions or any
combinations thereof shall be calculated as the total cost of any damages or incremental costs to the
City resulting out of the errors or omissions by the Consultant.
Damages shall include delay damages caused by the error, omission, or any combination thereof.
Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or
any combination thereof, the Consultant may appeal this determination, in writing, to the City's Capital
Improvement Projects Director (the Director). The Director's decision on all claims, questions and
disputes shall be final, conclusive and binding upon the parties hereto unless such determination is
clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of
the Director, the Consultant shall present any such objections, in writing, to the City Manager. The
Director and the Consultant shall abide by the decision of the City Manager. This paragraph does not
constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above
administrative remedies have been exhausted.
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its 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 "not to exceed" amount of the fee paid to
Consultant under this Agreement, Tess any amount(s) actually paid to Consultant hereunder.
Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery
from the City for any damages for action for breach of contract to be limited to Consultant's "not to
exceed" fee under this Agreement, less any amount(s) actually paid by the City to the Consultant
hereunder.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby
agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by
the City of this Agreement, in an amount in excess of the "not to exceed amount" of Consultant's fees
under this Agreement, which amount shall be reduced by any amount(s) actually paid by the City to
Consultant hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a
waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes.
26
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
ARTICLE 15. NOTICE
All written notices given to City by Consultant shall be addressed to:
City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Assistant City Manager Jorge Gomez
With a copy to:
Capital Improvement Projects Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Charles Carreno, P.E.
All written notices given to the Consultant from the City shall be addressed to:
Marcel Morlote, AIA
Senior Vice - President
Wolfberg Alvarez & Partners
1500 San Remo Avenue
Coral Gables, FL, 33146
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail,
return receipt requested.
ARTICLE 16. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County,
Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY
27
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not
discriminate against any employee or applicant for employment for work under this Agreement
because of race, color, religion, sex, age, national origin, disability, or sexual orientation and will take
affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to race, color, religion, sex, age, national origin, disability, or sexual
orientation.
16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract
to provide any goods or services to the City, may not submit a bid on a contract with the City for the
construction or repair of a public building or public work, may not 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 of 36 months
from the date of being placed on the convicted vendor list. For violation of this subsection by
Consultant, City shall have the right to terminate the Agreement without any liability to City, and
pursue debarment of Consultant
16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person, 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 subsection, City shall have the right to terminate the
Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise
recover) the full amount of such fee, commission, percentage, gift, or consideration.
16.5 LAWS AND REGULATIONS:
28
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
16.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal,
State, Miami -Dade County, and City laws, ordinances, and codes which may have a bearing on
the Services involved in the Project.
16.5.2 In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection,
Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic
s
drawin and diagrams, including draft, preliminary, final formats, are exempt from the
9, 9 9 p Y, P
provisions of subsection (1) and s. 24(a), Article I of the State Constitution. Information made
exempt by this paragraph, with prior written approval from the City Manager, may be disclosed
to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or
contractor who is performing work on or related to the Project; or upon a showing of good
cause before a court of competent jurisdiction. The entities or persons receiving such
information shall maintain the exempt status of the information.
16.5.2.1 In addition to the above requirements in this subsection 16.5.2, the
Consultant agrees to abide by all applicable Federal, State, and City procedures, as
may be amended from time to time, by which the documents are handled, copied, and
distributed which may include, but is not limited to, each employee of Consultant and
sub - consultants that will be involved in the Project being required to sign an agreement
stating that they will not copy, duplicate, or distribute the documents unless authorized
by the City Manager, in writing.
16.5.2.2 The Consultant and its sub - consultants agree in writing that the Project
documents are to be kept and maintained in a secure location.
16.5.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
16.5.2.4 A log is developed to track each set of documents logging in the date,
time, and name of the individual(s) that work on or view the documents.
16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without
added compensation, all necessary supplemental documents to correct errors, omissions, and /or
ambiguities which may exist in the Contract Documents prepared by Consultant, including documents
prepared by its sub - consultants. Compliance with this subsection shall not be construed to relieve the
29
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
Consultant from any liability resulting from any such errors, omissions, and /or ambiguities in the
Contract Documents and other documents or Services related thereto.
16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this
Agreement shall conform to the quality expected of and usually provided by the profession in the State
of Florida applicable to the design and construction of public and commercial facilities.
16.8 NON - EXCLUSIVITY: Notwithstanding any provision of this non - exclusive Agreement, the
City is not precluded from retaining or utilizing any other architect, engineer, design professional or
other consultant to perform any incidental Basic Services, Additional Services, or other professional
services within the contract limits defined in the Agreement. The Consultant shall have no claim
against the City as a result of the City electing to retain or utilize such other architect, engineer, design
professional, or other consultant to perform any such incidental Services.
16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any
other person, firm, association or corporation, in whole or in part, without the prior written consent of
the City Commission, which consent, if given at all, shall be at the Commission's sole option and
discretion. However, the Consultant will be permitted to cause portions of the Services to be
performed by sub - consultants, subject to the prior written approval of the City Manager, as provided
herein.
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself /herself,
his /her partners, successors, legal representatives and assigns to the other party of the Agreement
and to the partners, successors, legal representatives, and assigns of such party in respect to all
covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the
opportunity to approve or reject all proposed assignees, successors or other changes in the ownership
structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement
by the Consultant.
16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of
the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries,
wages, materials, equipment, sub - consultants, and other purchased services, etc., as necessary to
complete said Services.
16.12 INTENT OF AGREEMENT:
30
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
16.12.1 The intent of the Agreement is for the Consultant to provide design services, and to
include all necessary items for the proper completion of such services for a fully functional
Project which, when constructed in accordance with the design, will be able to be used by the
City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental
work which may not be specifically referenced, as necessary to complete the Project.
16.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to a
third party beneficiary, to any person, nor does it authorize anyone not a party to the
Agreement to maintain a suit for personal injuries, professional liability, or property damage
pursuant to the terms or provisions of the Agreement.
16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or
agents, shall either stop the City from asserting any rights or operate as a waiver of any
provisions hereof or of any power or right herein reserved to the City or of any rights to
damages herein provided.
16.13 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 memorialized in written document approval and executed with the
same formality and of equal dignity herewith.
31
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
r
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their respective
witnesses and City Clerk on the day and year first hereinabove written.
Attest CITY OF MIAMI BEACH:
4 f an- 414 'I / /
/Ar /l/ / • .Lei' .
CITY CLERK M - YOR
I
CONSULTANT: W. fberg Alvarez and Partners
Attest
I ‘
AK"., 11
Signature /Secretary Si• ature /' esident .
JUun AL./a2 ? -E
Print Name Print Name
APPROVED AS TO
e RM & LANGUAGE
& FOR EXECUTION
li e- i g 0 (I i
i t / /f' ,, ' • • eY �—
32
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
SCHEDULE A:
33
WOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07/23/2010
SCHEDULE A:
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH & WOLFBERG ALVAREZ & PARTNERS
PROPERTY MANAGEMENT FACILITY PROJECT
SCOPE OF SERVICES
CONSULTANT: Wolfberg Alvarez & Partners (the "CONSULTANT ")
BACKGROUND
The relocation of the Property Management Division to a site outside of Flamingo Park has been a
longstanding goal of both Flamingo neighborhood residents and the City. After completing an extensive
evaluation, the Administration has made the determination to relocate Property Management to the 24,000
square foot City -owned property located at 1833 Bay Road (`see attached CD of boundary survey). This
property is legally described as:
Lots 10,11,12; all in Block 13; Amended Plat of Block Thirteen of the Alton Beach
Realty Company; Plat Book 9, Page 146, Miami -Dade County Records, Florida.
On September 09, 2009, the Mayor and City Commission approved the issuance of Request for Qualification
(RFQ) No. 10 -09/10 for the Planning, Design, Bid and Award, and Construction Administration Services for
the Property Management Facility Project. On January 04, 2010, RFQ No. 10 -09/10 was issued, and on
March 01, 2010, the Evaluation Committee ranked Wolfberg Alvarez & Partners as top- ranked firm. On May
12, 2010, the Mayor and City Commission authorized the Administration to execute an Agreement with
Wolfberg Alvarez & Partners for the Property Management Facility Project (Project), in the amount of
$286,916.28, plus an additional of $28,300 for approved reimbursables, for architectural, engineering, and
landscape architecture services for the Planning, Design, Bid and Award and Construction Administration
services for the Project. The final project shall meet at a minimum the LEED Silver rating, with higher rating
levels encouraged.
SCOPE OF SERVICES
The Consultant shall provide Programming, Planning, Architectural, Engineering, Landscape Architecture and
Surveying, as necessary for the Project and as delineated in the agreement between Wolfberg Alvarez and
Partners and the City of Miami Beach pursuant to Resolution 2010- 27353, and in accordance with these
Exhibits A,B,C,D,E,F,G,H, attached hereto. The work shall include, but not be limited to, surveying,
geotechnical, programming, planning, conceptual drawing(s), design development, estimate(s) of probable
Property Management Facility 1
Schedule A
02/10/2011
r -
cost, construction documentation, permitting, bidding / award, and construction administration services for the
Project.
The CONSULTANT's basic services shall consists of Six Tasks(inclusive of Planning, Design, Bidding and
Award, Construction Administration, Additional', Services, geotechnicai, surveying and other Reimbursable
services) as described in the this "Schedule A Scope of Services " and including, without limitation, any and'
all of the CONSULTANT's responsibilities and :obligations, as set forth in the attached General Conditions of
the Contract for Construction and Construction Manager at Risk Agreement (Schedule F)
The C of "M Beach (City) may, at its sole option, choose to employ conventional bids, Construction
Manager (CM) at-Risk or Job Order Contract (JOC) for the .Project. The Consultant shall cooperate fully with
the General Contractor, CM at-Risk or JOC Contractor selected by the ;City, Alt. required drawings shall be
prepared utilizing CADIZ (vector format) in conformance with the latest City format.
The CONSULTANT shall become faiTilliar with the Project 'site through :fr�epquent site visits, research, and
examination of any record drawings, as applicable, and shell notify the Cam, of any field, on -site, or off -site
conditions not shown or incorrectly shown' an the record drawings, as may have been -reasonably discovered:
At the Consultant's request, the City will facilitate the Consuttant's'access to the Project site and/or facilities
for investigative purposes. `Frequent site visits ..and :rneettngs shall continue through all design phases of this
Agreement until the Consultant is thoroughly familiar with . the existing conditions, any problem areas, and /or
existing hazardous conditions` or inaterials -These site visits and meetings are part of the Consultant's .Basic
Services, are considered due diligence, and the Consultant shall receive no additional compensation for such
design phase site visits and meetings. Provided the Consultant has conducted a good faith investigation, the
Consultant and the Consultant's sub- consultants shall not be responsible or held liable for undiscovered
hazardous' conditions or materials:
The attached preliminary program requirement documents, dated April 16, 2003, and October 07, 2005 (see
Schedule l) are to be used as a guide in developing the Program for this Project. The CONSULTANT will be
required to meet with City staff to validate these documents, and make necessary adjustments to meet
current needs.
•
At a minimum, the proposed facility will include programming for the following functions:
• Administrative offices
• Workshops (A/C — Refrigeration, Electrical, Plumbing, Carpentry, Painting)
• Parts inventory warehouse (equipped with storage racks and accessible by forklift)
• Materials storage
Property Management Facility 2
Schedule A
02/10/2011
• Hazardous materials storage
• Locker rooms / restrooms
• Outside storage area for playground equipment and other large items
• Lay -down area for small construction activities
• Loading area
• Oversized vehicles parking
• Emergency generator
In addition the CONSULTANT shall provide LEED consulting services throughout all phases of the Project,
including but not limited to:
• Defining Project goals within the context of LEED;
• LEED documentation and application;
• Providing project specifications that clearly delineate all LEED - related responsibilities and procedures
upfront and provide detailed specifications of all materials, technologies, and procedures upon which
the achievement of design intent and LEED certification depend;
• Coordinating with and assisting the City's Commissioning Consultant in its implementation of the
Building Commissioning Plan. That plan shall result in full compliance with the LEED standard for full
documentation of building commissioning. In particular it will structure and document the full initiation,
testing, operational instruction, and record documentation of all building systems.
• Each team meeting should result in a list of clearly defined and clearly assigned actions and
responsibilities for moving towards the achievement of LEED certification and related project goals.
The total estimated Construction Cost Budget for the project is approximately $3,600,000, not including a
construction phase contingency allowance that is to be held in reserve by the CITY for CITY's use during
construction phase.
Because time is of the essence, the City may require (in order to expedite this project) the CONSULTANT to
phase this project as described below:
• Phase ONE: Demolition Phase: Produce a set of permit ready demolition plans to be developed as a
separate GMP Amendment to the Contractor (CM) to be scheduled in advance of the Notice to
Proceed for the construction of the new facility by the Contractor (CM).
• Phase TWO: Construction of the Proposed Property Management Facility.
Property Management Facility 3
Schedule A
02/10/2011
Basic Services consist of the following:
TASK 1 — PLANNING SERVICES:
The purpose of this Task is to develop a concept plan that meets the City's functional requirements,
incorporates community input, and stays within established schedule and cost parameters.
The Planning Phase will include the following major tasks: (1) Project Kick -Off Meeting; (2) Project Site
Reconnaissance Visit; (3) Initial Planning Session; (4) Preparation of a draft Basis of Design Report (BODR);
(5) Conduct LEED Workshop; (6); Review of Draft BODR WITH City Departments and present to DRB; (7)
Preparation and presentation of a final BODR for approval by the Mayor and City Commission.
Task 1.1 — Proiect Kick -Off Meeting: The CONSULTANT shall meet with the CITY to review existing
documents and receive copies of available reference documents. CITY shall provide general information
regarding procedures and direction.
The CONSULTANT shall prepare draft meeting minutes and forward them to CITY for review and comments.
The CONSULTANT shall finalize and distribute, accordingly.
The CONSULTANT shall prepare a list of requested background information, department interviews and any
other special area visits. The CONSULTANT shall schedule a reconnaissance visit of the Project site, to be
attended by critical CONSULTANT personnel, as well as key CITY staff.
Deliverables: - Attend Project Kick -Off Meeting
- Prepare and distribute Meeting Minutes
Schedule: - See Schedule "E" — Project Schedule
Task 1.2 — Project Site Reconnaissance Visit: The CONSULTANT shall attend a Site Reconnaissance
Visit. This site visit shall also be attended by applicable CITY staff. The intent of this task is to facilitate the
CONSULTANT'S understanding of the project needs. This may include document review, department
interviews and requests for additional information to be facilitated by the CITY.
The CONSULTANT shall prepare draft meeting minutes including action items and individuals responsible for
further action, and forward them to the CITY for review and comments. The CONSULTANT shall finalize and
distribute accordingly.
Subsequent visits (at no additional cost to the CITY) may be required to gather additional information. This
task includes further document research, exploration and documentation of existing conditions, and
discussions with particular on -site personnel to understand their current conditions, shortfalls and future
Property Management Facility 4
Schedule A
02/1 0/2011
needs. The CONSULTANT shall inform the CITY of any additional document or visitation needs so that
information can be researched in an organized and timely manner. Secondary meetings with other agencies,
code officials or utilities may also be necessary as part of this task.
The CONSULTANT shall prepare draft meeting minutes and forward them to CITY for review and comments.
The CONSULTANT shall finalize and distribute, accordingly.
Deliverables: - Attend Site Reconnaissance Project Site Visit
- Prepare and distribute meeting minutes
Schedule: - See Schedule E - Project Schedule
Task 1.3 — Initial Planning Session: The CONSULTANT shall attend an initial Planning Session to be
scheduled with representatives of the CITY and the CONSULTANT. The purpose of the session shall be to
clarify Project goals to the user group(s) so that viable conceptual alternatives can be explored. At this
meeting, the CONSULTANT shall review the background information, program and site options in preparation
for an open "brain- storming" discussion regarding the benefits and disadvantages of each. This planning
session will establish the groundwork for the development of initial conceptual alternatives.
The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY for review and
comments. The CONSULTANT shall finalize and distribute, accordingly.
Based on the results of the site visit, materials presented at the Kickoff Meeting and during subsequent
background gathering, and discussion and conclusions made at the initial planning session, the
CONSULTANT shall develop preliminary conceptual alternatives that are responsive to the project program,
budget, and schedule. Initial testing parameters and investigative work recommendations shall also be
identified. The CONSULTANT shall assemble graphic images identifying alternative Project design concepts,
if applicable, to allow the CITY a full understanding of proposed alternatives.
The CONSULTANT shall develop Project conceptual alternatives graphically representative of Phase I —
Schematic Design level of detail. In this effort, the CONSULTANT shall meet with the CITY to review the
various alternatives and discuss the benefits and disadvantages of each so that decisions can be made on
the recommended alternatives and priorities. Each alternative will have a preliminary rough -order of
magnitude (ROM) cost estimate with enough detail, equal to a Phase I — schematic design level of detail, to
be able to compare and differentiate each alternative and make planning decisions.
Upon completion of the work session the CONSULTANT shall make revisions to its proposed conceptual plan
Property Management Facility 5
Schedule A
02/10/2011
(Schematic Design level — Phase I), as necessary, to develop a Recommended Approach.
Deliverables: -
Attend review session with representatives from the CITY.
- Prepare and distribute meeting minutes
- Develop Project conceptual alternatives graphically representative of Phase I —
Schematic Design level of detail as noted above
- Develop "budget" level ROM cost estimates
- Revise proposed concept (Phase I — Schematic Design drawings) and develop final
materials for Recommended Approach as approved by the CITY
Schedule: - See Schedule E — Project Schedule
Task 1.4 — Preparation of Draft Basis of Design Report:
The CONSULTANT shall prepare a draft Basis of Design Report (BODR) presenting the results of the
Community Design Workshop and final consensus design plan (Phase I — Schematic Design drawings). The
BODR shall include a summary of findings, site plan, and exhibit(s) illustrating all proposed improvements,
inclusive of the demolition of existing facilities and engineering limitations, construction of buildings, vehicular
access and pedestrian circulation /access.
In addition, the BODR shall include sufficient detail in plans (representative of Phase I — Schematic Design
drawings), sections, notes, and key descriptions to facilitate review by the various CITY permitting and
planning divisions discussed in Task 1.6. Draft report may include placeholders for portions or areas that are
under development to be completed for the Final Report.
At a minimum, the draft BODR shall include narratives and graphics illustrating:
• Executive Summary summarizing the contents of the BODR.
• A section reviewing the existing conditions to be improved.
• A section reviewing the planning and programming process and development of the final
recommended phased improvement plan. This section shall included detailed (representative
of Phase I — Schematic Design level of detail in the drawings) presentations of all proposed
improvements.
• A Project implementation plan, inclusive of demolition, utilities, buildings, landscaping, lighting,
vehicular access / parking, and general site improvements.
• A Phase I — Schematic Design concept plan and design alternatives, if applicable.
• A section discussing the phasing of general concepts from the planning process, if applicable.
Property Management Facility 6
Schedule A
02/10/2011
• A "budget" level cost estimate prepared in conformance with format provided by CITY.
Estimates shall be provided for all phased capital improvements.
• A schedule for implementing the Project by phases (i.e. design, bid /award, construction, as
applicable) including critical issues and the time period allowed for resolving each issue.
• Discussion regarding permitting authorities having jurisdiction over Project and provide a list of
permits typically retained by the Owner and / or contractor. Unique and / or special permitting
requirements shall be identified as well as permitting fees.
Five (5) copies of the draft BODR shall be provided to the CITY for initial review and comments and shall
contain the following sections, at a minimum: Executive Summary, Purpose and Scope, Existing Conditions
report(s), Phase I — Schematic Design drawings, Permitting and Implementation and Cost Estimates.
Deliverables: - Prepare 35 copies of the draft BODR.
Schedule: - See Schedule E — Project Schedule
Task 1.5 — Conduct LEED Workshop and Prepare Conclusions:
The CONSULTANT shall organize and conduct a LEED (Leadership in Energy and Environmental Design
Green Building Rating System) workshop to be scheduled with appropriate representatives of the CITY and
the CONSULTANT to discuss LEED registration and certification for the new facility. The Consultant's
sustainability initiatives shall conform to Florida Statute 255.2575 - "Energy — efficiency and sustainable
buildings ", and City Code Chapter 100 - "Sustainability, Article 1, Green Building Ordinance ", addressing LEED
compliance requirements.
The CONSULTANT shall organize the discussion around the specific approach and method to accomplish
achieving a minimum "Silver" LEED rating (with higher ratings sought if possible).
Deliverables: - Prepare materials and conduct workshop.
- Prepare and distribute preliminary LEED Checklists indicating prioritized
points and likelihood of attainment. •
- Prepare and distribute meeting minutes
- Register project with US Green Building Council
Schedule: - See Schedule E — Project Schedule
Property Management Facility 7
Schedule A
02/10/2011
Task 1.6 — Review of Draft BODR with the City Departments and Present to the City's Design Review
CITY (DRB):
The CONSULTANT shall meet to receive, present and review the draft BODR with the following, but not
limited to, CITY Departments, and Committees:
• City of Miami Beach Public Works Department
• City of Miami Beach Property Management Department
• City of Miami Beach Planning Department
• City of Miami Beach Capital Improvement Projects Office
• City of Miami Beach Police Department
• City of Miami Beach Fire Department
• City of Miami Beach Parking Department
• City of Miami Beach Parks and Recreation / Green -space
The CITY will forward copies of the draft BODR to the above noted CITY Departments. Comments shall be
solicited and forwarded to the CONSULTANT for review / comment / response / incorporation into the draft
BODR document. It is anticipated that the CONSULTANT shall attend a total of up to two (2) meetings with
the various CITY Department representatives to review the various CITY Department comments.
The applicable CITY staff will attend the noted review meeting(s) and assist the CONSULTANT, as
practicable. However, the CONSULTANT retains final responsibility for procuring all necessary approvals, and
for implementing required revisions and resubmissions as necessary.
The CONSULTANT and its key sub - consultants shall attend all meetings as deemed necessary. It is
recognized by the CITY that the time period for obtaining approvals from the various review agencies is
beyond the control of the CONSULTANT, except for issues concerning the acceptability of the proposed
design concepts and the CONSULTANT's ability to respond to review agency comments. Hence, the
CONSULTANT shall address and respond to comments received from the various reviews in writing, and
implement requested revisions into the draft BODR, as agreed with the CITY, within five (5) working days of
receipt of comments, unless agreed to otherwise with the CITY.
Upon incorporating the comments received from the various CITY Departments; the CONSULTANT shall
revise its draft BODR and then present the final BODR with Phase I — Schematic Design level of detail in the
drawings,(with requisite narratives, graphics and PowerPoint presentation materials) to the Design Review
CITY.
Property Management Facility 8
Schedule A
02/10/2011
Deliverables: - Attend BODR review meetings
- Address comments and revise BODR accordingly
- Present BODR to DRB
Schedule: - See Schedule E — Project Schedule
Task 1.7 - Final Master Plan / Basis of Design Report (BODR) and Present to the City Commission:
The CONSULTANT shall prepare a final BODR based on comments and revisions implemented during the
reviews with the various the CITY Departments / review entities as noted in Task 1.9.
This final BODR serves as the basis for development of Phase I — Schematic Design detailed design
documents as discussed in Task 1.6. It shall also be used as the basis for the CONSULTANT's presentation
of the final BODR to the City Commission for approval. If the City Commission directs revision to the final
BODR, the CONSULTANT shall prepare an Addendum, in the CITY provided format, for distribution to all final
BODR holders.
Deliverables: - Prepare 35 copies of a final BODR and Addendum, as necessary.
- Present the final BODR to the City Commission for approval
Schedule: - See Schedule E — Project Schedule
Task 1.8 through 1.10: Additional DRB, Commission and /or Review Meetings:
The CONSULTANT shall provide for three (3) presentations to the DRB, Commission and other City
Departments meetings as necessary to gain the required City approvals in order to proceed with the Design
Development phase of the project.
In addition, to all required efforts noted above, the CONSULTANT shall note that the CITY may, at its
discretion, substitute one of the meetings described in Task 1 -1.7 for a meeting with a CITY, Committee or
Agency, as deemed necessary.
TASK 2 — DESIGN SERVICES:
The purpose of this Task is to establish requirements for the preparation of contract documents for the
Project.
Task 2.1 requires that CONSULTANT perform a variety of forensic tasks to verify existing
conditions and the accuracy of any available as -built drawings, surveys and maps to be used for
development of the contract drawings.
Property Management Facility 9
Schedule A
02/10/2011
Task 2.2 discusses requirements for the preparation of contract documents, inclusive of drawings,
specifications and front -end documents.
Task 2.3 establishes requirements with regard to constructability and value engineering reviews.
Task 2.4 establishes requirements for the preparation of Statements of Probable Construction Cost
by the CONSULTANT.
Task 2.5 establishes requirements for the Community Design Review Meeting (CDRM).
2.6 discusses contract 2. scusses cont act document revisions based upon the input received from the residents
P p
at the Community Design Review Meeting (CDRM).
Task 2.7 specifies requirements for review of contract documents with jurisdictional permitting
agencies prior to finalization.
Task 2.8, discusses the CONSULTANT's QA/QC of Design Documents.
To facilitate the implementation of a Public Information Program, the CONSULTANT shall provide electronic
files of all Project documents, as requested by the CITY for posting on the program website. The
CONSULTANT shall provide the electronic files for the front -end documents, technical specifications, and
construction drawings in MS -Word, AutoCAD and Adobe Acrobat file format.
The review process shall consist of 50 %, 90% and 100% complete submittals. Contract documents shall be
subject to constructability and value engineering reviews to be performed by others. CONSULTANT shall
work with the CITY to adjust / revise Project scope as may be deemed necessary to meet established
budgets as the design evolves from earlier to latter stages of completion.
CONSULTANT shall utilize and be bound by the City of Miami Beach Design Standards Manual - August,
2002 (DSM) detailing procedures, standards and policies, the City of Miami Beach Public Works Manual —
April, 2007, as well as any subsequent updates, to supplement details required to complete the Project. One
copy of the DSM will be provided to the CONSULTANT.
Task 2.1 — Verification of Existing Conditions: CONSULTANT shall obtain all available As -Built drawings,
perform structural evaluation of the structures, perform a detailed topographic survey of the existing Project
site. The survey shall be performed by a Professional Land Surveyor in the state of Florida, and shall meet
the minimum technical standards identified in Chapter 61G17 -6, FAC. All survey files shall be prepared in
AutoCAD. At a minimum, the survey shall address the following:
• Baseline of survey shall be tied into the right -of -way and sectionalized land monuments. Right -of-
way information shall be obtained from available records by the CONSULTANT.
• The CONSULTANT shall set benchmarks at convenient locations along the site to be used during
both the design and construction phases of the Project.
Property Management Facility 10
Schedule A
02/10/2011
• The CONSULTANT shall locate and identify existing surface improvements / topographic features
that are visible within the Project site, including but not limited to, the following:
o Marking of all property corners, location and details of the existing buildings including
overall dimensions and finished floor elevations.
o Existing valve boxes, water / electrical meter boxes, electrical pull boxes, telephone /
cable risers, fences, hydrants, etc.
o Aboveground and underground utilities invert elevations of accessible underground
utilities, wood / concrete utility poles, culverts, guardrails, pavement limits, headwalls
Y p 9 p headwalls,
endwalls, manholes, vaults, mailboxes, driveways, side streets, trees, landscaping, traffic
signage and any other noted improvements. Survey shall identify fence material / height,
and driveway construction materials. Landscaping materials with a trunk diameter greater
than 6 — inches in diameter shall be identified individually. Materials with smaller
diameters shall be illustrated in groupings.
• Survey limits shall include the entire Project site and an additional overlap to encompass all
adjoining areas potentially impacted by the Project.
• Survey Topographic survey / base map shall be prepared in AutoCAD Version 2000 or latest, and
submitted on recordable Compact Disk with three (3) signed and sealed copy on 24 -inch by 36-
inch bond paper. Note that all standards from the DSM shall apply to the development of the
survey document. In addition, the CONSULTANT shall submit 3 copies of a preliminary Draft
Survey for CITY review and comment. The CONSULTANT shall prepare a final survey submittal
package based on addressing any / all comments submitted through this review process, to the
satisfaction of the CITY. All CAD mapping shall be performed to a scale of 1:1 in the World
Coordinate System. Text size shall be 100 Leroy for a final product at 1 =20 units.
Upon completion and acceptance of the final survey, the CONSULTANT shall forward same to the
following agencies with a request to mark / identify respective utilities on the survey base map. The
CONSULTANT shall coordinate this effort with each agency in an effort to identify the location of all
existing underground utilities. The CONSULTANT shall incorporate utility owner markups / edits into
its survey base map file. The CONSULTANT shall contact the following entities and request that they
each verify locations of their existing improvements in the affected areas:
• Florida Power and Light Company
• BellSouth
• Miami -Dade Water and Sewer Authority
• Charter Communications (Atlantic Broadband)
• Natural Gas provider
Property Management Facility 11
Schedule A
02/10/2011
• City of Miami Beach Public Works Department
• Others as deemed necessary by the CONSULTANT
The CONSULTANT shall also request information regarding any future proposed improvements by each
agency. To facilitate tracking of the progress made in this work effort, the CONSULTANT shall copy the CITY
on all correspondence with each agency. In addition, the CONSULTANT shall keep a readily accessible and
properly labeled / collated file of all correspondence and markups provided to it by the various agencies for
reference use by the CITY and /or CONSULTANT, during construction.
The CONSULTANT shall become familiar with the Project site through frequent site visits, research, and
examination of any record drawings, as applicable, and shall notify the CITY of any field, onsite, or off -site
conditions not shown or incorrectly shown on record drawings, as may have been reasonably discovered. At
the CONSULTANT's request, the CITY shall facilitate the CONSULTANT's access to the Project site and or
facilities for investigative purposes. These site visits are part of the CONSULTANT's Basic Services, are
considered due diligence, and the CONSULTANT shall receive no additional compensation for such design
phase site visits and meetings. Provided that the CONSULTANT has conducted a good faith investigation,
the CONSULTANT and CONSULTANT's sub - consultants shall not be responsible or held liable for
undiscovered hazardous conditions or materials.
Based on the collected data, the CONSULTANT shall develop detailed design base maps for the Project. The
maps shall include an overall key map and partial plans scaled at 1 -inch equals 20 feet or a scale that better
suits the Project requirements. CONSULTANT shall illustrate proposed improvements on the site plan and
shall prepare final site plan based on the information gathered herein. Copies of base maps shall be
distributed to CITY.
Deliverables: - Perform work as noted to develop final survey. Deliver three (3) draft
and five (5) final signed and sealed surveys to CITY.
Schedule: - See Schedule E — Project Schedule
Task 2.2 — Detailed Design: CONSULTANT shall prepare detailed design documents consisting of
architectural, structural, civil, mechanical, electrical, landscape, and irrigation drawings, as applicable. All
contract documents are to be provided in accordance with applicable DSM standards and with the
requirements of all applicable state, local and federal regulatory agencies having jurisdiction over the Project.
Technical specifications shall be prepared in conformance with Construction Specifications Institute (CSI)
formats. The CITY, through the DSM, shall furnish the CONSULTANT with standard CITY specification
outlines for Divisions 1. For reference purposes, the City will provide copies of its standard Job Order Contract
Property Management Facility 12
Schedule A
02/10/2011
(JOC) specifications via the DSM. CONSULTANT shall provide additional sections that the CONSULTANT
may require, not already provided through the CITY standards / DSM, subject to review and comment by the
CITY. CONSULTANT must review CITY standards and adopt and change /update where necessary. Any
supplier listings required by specifications shall include a minimum of two (2) named suppliers and shall meet
all applicable CITY and State of Florida procurement codes. Specifications shall be provided to the
CONSULTANT in "Microsoft MS- Word" format. CONSULTANT shall use the same software in all Project
related work. CONSULTANT shall utilize base front -end documents provided by the CITY. CONSULTANT
shall edit accordingly to result in a Project specific document. Any requirements for Supplementary General
Conditions shall be subject to review and acceptance by the CITY.
CONSULTANT shall attend bi- weekly or monthly Design Progress Meetings as required to meet the project
schedule (see Exhibit E) with CITY at the City's CIP offices as scheduled by CITY staff. The CONSULTANT
shall provide, and maintain a design progress schedule. Should the City determine that the CONSULTANT
has fallen behind schedule, the CONSULTANT shall provide a recovery schedule that shall accelerate work to
get back on schedule.
The CONSULTANT shall submit month) invoice requests accompanied by an updated design y q p y up ated d s gn progress
schedule.
For purposes of this Scope of Services, the following will be considered the minimum effort to be provided by
the CONSULTANT for establishing detail design milestone submittals:
• The 50% design completion stage milestone shall consist of the completed survey, work
products of the previously outlined Tasks, with all proposed improvements identified in
approved BODR, illustrated in plan and elevation views, and with applicable sections and
details. In addition, the CONSULTANT shall include draft technical specifications and a draft
schedule of unit prices bid (bid form) identifying the items, units, and quantities to be bid by
prospective contractors as part of their bid submittal. Also, this submittal shall include the
CONSULTANT's Statement of Probable Construction Cost as defined by the American
Association of Cost Engineers to be consistent with the overall not -to- exceed Project budget.
Prior to the preparation of the 50% design completion stage drawings, the CONSULTANT shall
incorporate changes to its design based upon its existing as -built / existing conditions
verification efforts and review comments received, as noted in Task 2.3 below.
• The 90% design completion stage milestone shall consist of a near final construction document
set including the front -end documents (general and supplemental conditions), technical
specifications, and construction drawings for all Work. The CONSULTANT shall include
Property Management Facility 13
Schedule A
02/10/2011
detailed construction sequencing restrictions for the CITY's review with this submittal. Prior to
the preparation of the 90% design completion stage drawings, the CONSULTANT shall
incorporate changes to its design based upon review comments received, as noted in Task 2.3
below. In addition, the CONSULTANT shall provide its "Definitive" Statement of Probable
Construction Cost as defined by the American Association of Cost Engineers with this
submittal to be consistent with the overall not -to- exceed Project Construction Cost Budget.
Prior to 90% design, CONSULTANT shall meet with appropriate regulatory agencies to confirm
that the Project design meets regulatory requirements.
• The 100% design completion stage milestone shall consist of the 90% documents updated to
include all constructability and design review comments, and regulatory agency comments.
The CONSULTANT shall provide its "Definitive" Statement of Probable Construction Cost, and
unit price bid form, modified as needed, to reflect final permit and regulatory agency comments
and modifications.
Deliverables: - Furnish six (6) sets each of the 50, 90, and 100 percent design completion
stage documents and Statements of Probable Construction Cost to CITY, as
applicable (three full size and three half size for each submittal).
- Attend design progress meetings with CITY staff at the CIP offices as
scheduled by the CITY.
Schedule: - See Schedule E — Project Schedule
- Complete 90 percent document submittal within 30 calendar days after
receiving review comments from various City Departments on 50%
submittal. Permit submittal to applicable regulatory agencies will commence
upon completion of 90 percent documents.
- Complete 100 percent document submittal within 5 working days after
receipt of all comments from regulatory agencies.
Task 2.3 — Design / Constructabilitv / Value Engineering Review: To verify that the CONSULTANT is in
compliance with the required BODR and City `s requirements, the CITY will conduct a series of design
submittal reviews on all Project design documents, inclusive of cost estimates at the 50% and 90%
completion stage submittals. Note that the 90% completion stage submittal will be utilized to initiate the City of
Miami Beach Building Department permitting reviews, and the 100% design completion stage submittal will
incorporate the review comments and will be used to procure permits from jurisdictional review agencies,
and /or may be utilized to obtain pricing.
Property Management Facility 14
Schedule A
02/10/2011
The purpose of these reviews shall be to verify that the documents are consistent with the design intent as set
forth in the approved Project Basis of Design Report (BODR). These documents shall be furnished as bound
8 -1/2 -inch by 11 -inch technical specifications and full -size (24 -inch by 36 -inch) and half size (11 -inch by 17-
inch) drawings (as noted in the Task 2.3 deliverables). The applicable CITY Departments shall perform
reviews on these documents and provide written comments (in "Excel" spreadsheet format) back to the
CONSULTANT.
Following receipt of comments by the CONSULTANT, a meeting may be scheduled between the CITY and
CONSULTANT to discuss the intent and review of the comments. Subsequently, the CONSULTANT shall
address how each comment was resolved, within 5 workinidays after the ; review soon and /or receipt of the
comments. The responses shall be in the spreadsheet format provided to the CONSULTANT. The
CONSULTANT shall revise its documents to address all review comments.
The City will perform constructability reviews of the design documents relative u ela a to value, p Y 9 , construction
sequencing, and bid format. These reviews shall be based upon 50 and 90 percent design submittals
received from the CONSULTANT and shall be conducted concurrently but separately from the 50 and 90
percent design reviews noted above. These constructability review meetings shall be held to discuss the
CONSULTANT's proposed construction sequencing restrictions and bid formats.
The CITY's review of the contract documents shall not relieve CONSULTANT from its responsibility to the
CITY with regard to the quality and completeness of its contract documents.
Deliverables: - Attend meetings with the CITY to review and discuss design constructability and
value comments.
- Prepare written responses to comments made during reviews within 5 working
days after the review session .
Schedule: - Complete concurrently with Design Phase schedule.
Task 2.4 — Cost Opinions: The CONSULTANT shall prepare Statements of Probable Construction Cost for
the 50% and 90% design completion stage submittals, as well as the final (100 percent) completion stage
submittal. The accuracy of the cost estimate associated with the 50 percent completion stage shall be +30%
to —15% (i.e. 30% over / 15% under the actual amount) "Budget" Level as defined by the American
Association of Cost Engineers. The accuracy of the cost estimate associated with the 90 and 100 percent
completion stage submittals shall be a +15% to —5% (i.e. 15% over / 5% under the actual amount) "Definitive"
Level Estimates as defined by the American Association of Cost Engineers. All estimates shall be submitted
Property Management Facility 15
Schedule A
02/10/2011
in Microsoft "Excel" format. All estimates shall be furnished bound in 8 -1/2 -inch by 11 -inch size. Based upon
the CONSULTANT's cost estimate or bids, the CITY will advise the CONSULTANT if portions of the Project
need to be deleted, phased and /or bid as alternate bid items to satisfy Construction Cost Budget (based upon
CONSULTANT's analysis and recommendations). In this effort, the CONSULTANT may be required to attend
a series of meetings and develop alternative cost savings options for CITY consideration, if the estimates
show that the projected Project Construction Cost will exceed the Construction Cost Budget. The
CONSULTANT shall revise the contract documents to reflect necessary revisions to meet budget parameters
at no additional cost accordingly.
Deliverables: - Furnish three (3) sets of 50, 90 and 100 percent completion stage Statements
of Probable Construction Cost to CITY, in MS -Excel electronic disc format,
concurrently with the design submittals noted in Task 2.3.
- Attend meetings with the CITY to review and discuss cost estimates. This
Task includes development of any required cost savings alternatives, and
implementation / revision of documents to address such items, as necessary
to meet established budget parameters.
Schedule: - Complete concurrently with Design Phase schedule.
Task 2.5 — Community Design Review Meeting
The CONSULTANT shall attend and participate in one to Com unity;#: gn :i M ting MORK to
review the design progress and concept. The CITY shall schedule, find location for, and notify residents of
said meeting. The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY, who
shall review, provide comments and distribute accordingly. The CONSULTANT shall prepare for, attend and
present its documents at this meeting. Meeting shall be scheduled at the 90% design completion stage. Note
that presentation format shall consist of a brief Power Point presentation to review Project status, plus review
of actual full size plans for the project. The CONSULTANT shall provide sufficient staff at the meeting to
address concerns by residents at two (2) plan stations. It is anticipated that the CONSULTANT will attend one
Pre -CDRM meeting with CITY staff to review the proposed format of the presentation.
Task 2.6 - Document Revisions: The CONSULTANT shall incorporate the necessary contract document
revisions, as approved by the CITY and based upon the input provided by the residents at the CDRM. .
Task 2.7 — Permitting Reviews: CONSULTANT shall prepare applications and such documents and design
data as may be required to procure approvals from all such governmental authorities that have jurisdiction
over the Project. The CITY will pay all permit fees. CONSULTANT shall participate in meetings, submissions,
resubmissions and negotiations with such authorities. CONSULTANT shall respond to comments by such
Property Management Facility 16
Schedule A
02/10/2011
authorities within five (5) working days of receipt of comments unless a different time is agreed to by CITY. It
is the intent of this scope of services that the CONSULTANT be the responsible party for formally transmitting
and receiving permits to and from the respective jurisdictional authorities. However, since the CITY is to track
and monitor progress on the preparation and review of permits and subsequent requests for information,
CONSULTANT shall also copy the CITY on all permit related correspondence. This includes CONSULTANT
generated minutes from meetings held with related parties. It is recognized by CITY that the time period
required for obtaining permits is beyond the control of the CONSULTANT, except with regard to issues
concerning permittability of the proposed design and the CONSULTANT's ability to respond to permitting
agency requests for information in a timely manner. At the time of scope preparation, governmental
authorities that have or may have jurisdiction over Project have been identified as follows:
• Florida Department of Environmental Protection
• South Florida Water Management District
• Miami -Dade Water and Sewer Authority
• Miami -Dade Department of Public Works
• Miami -Dade Department of Health and Rehabilitative Services
• Miami -Dade Department of Environmental Resource Management
• The City of Miami Beach Building Department
• The City of Miami Beach Fire Department
• The City of Miami Beach Planning Department
• The City of Miami Beach Public Works Department
• Florida Department of Transportation
Notwithstanding the above, the CITY's failure to identify governmental authorities that have jurisdiction over
Project shall not relieve CONSULTANT from its sole responsibility to procure all requisite permits.
Deliverables: - Correspond with noted jurisdictional authorities to establish
permitting requirements.
- Revise documents and respond to permitting inquiries as required.
- Attend meetings with the CITY, and /or permitting agency staff as
required to review, discuss and finalize permit procurement.
Schedule: - Complete concurrently with Design Phase schedule.
Property Management Facility 17
Schedule A
02/10/2011
Task 2.8 — The CONSULTANT's QA /QC of Design Documents: CONSULTANT shall establish and
maintain an in -house Quality Assurance / Quality Control (QA/QC) program designed to verify and ensure the
quality, clarity, completeness, constructability and biddability of its contract documents. The CITY, at its
discretion, may require that CONSULTANT attend public meetings or meetings with City Staff to review the
status and present results of its QA/QC efforts. Items to be addressed may include, but shall not be limited to,
review of specifications by respective technical experts and a "Redi- check" type review of the documents to
identify conflicts and inconsistencies between the various project disciplines.
TASK 3 — BIDDING AND AWARD SERVICES: The City will be advertising for a Construction Manager at
Risk (CM) for Pre - construction services / Construction Manager at Risk agreement as well as awarding a
Guaranteed Maximum Price (GMP) construction contract to the successful Contractor for this Project. The
CONSULTANT shall :assist,' adviee and evaluate , s and t; MP. Amendment(a), as required in the
Construction Manager at Risk Agreement (Schedule . ), attar:: hereto and incorporated herein by
reference.
City shall transmit contract documents prepared by the CONSULTANT to the City's Risk Management and
Procurement Departments for verification of appropriate insurance, form and bonding capacity requirements.
Various departments within City (Risk Management, Procurement and the City Attorney's Office) have non-
technical review responsibility for the Construction Contract Documents.
If an alternative construction delivery method is selected, it is understood that the CONSULTANT's
hours assigned to the CM at Risk project construction delivery method would be re- distributed, on a
not to exceed basis.
Consultant shall attend the Technical Review Panel meeting convened by the CITY to interview the CM at
Risk Contractor and /or sub - contractors and evaluate their submittals. CONSULTANT's role will be to provide
any relevant technical information and address technical questions, as may be needed by CITY staff during
the bid evaluation process.
Task 3.1 - Construction Contract Document Review: CONSULTANT shall assist the CITY during the bid
and award phase of the Project's construction contract. The CITY, shall transmit contract documents
prepared by CONSULTANT to the CITY's Risk Management, Legal and Procurement Departments for
verification of appropriate insurance, form and bonding requirements. CONSULTANT shall assist CITY in this
effort by providing (1) one electronic copy of the complete contract documents set (drawings and
specifications) and participating in meetings, submissions, resubmissions and discussions with these City
Property Management Facility 18
Schedule A
02/10/2011
departments, as necessary. CONSULTANT shall address and re- submit corrections and responses to
comments to any CITY Agency or any City Department within 5(fiive) working days of receipt of comments.
Task 3.2 - Bid Document Delivery: CONSULTANT shall provide the CITY and CM with reproducible,
camera ready, sets of contract documents for each bid package. The CITY Procurement Department shall
reproduce documents and handle the advertising, distribution, sale, maintenance of plan holder lists and other
aspects of bid document delivery to prospective bidders.
Task 3.3 - Pre -Bid Conference and Bid Opening: The City and the CM shall conduct one or more pre -bid
conferences. CONSULTANT shall attend the pre -bid conference and bid opening for each phase of this
Project and review, and advise the City accordingly.
CONSULTANT will prepare meeting agenda and draft meeting minutes. CONSULTANT shall attend and
participate in as many pre -bid conferences and bid openings as may be required.
Task 3.4 - Addenda Issuance:
CONSULTANT shall provide the City timely responses to all inquiries received from the City from prospective
bidders by preparing written addenda. Format for addenda shall be as provided to CONSULTANT by City.
These queries and responses shall be documented and a record of each shall be transmitted to the City on a
same day basis. CONSULTANT shall prepare and distribute necessary addenda as approved by the City.
The CITY will consolidate responses and prepare and distribute the addenda to all plan holders of record
accordingly.
Task 3.5 — Subcontract Bid Evaluation and Bid Opening:
CONSULTANT shall coordinate with the CM the process for evaluation, review and acceptance of the
subcontract bidding. The Consultant shall be present with the City and CM when the bids are opened and
shall evaluate and make recommendations to the City regarding the acceptance and award of bids to
qualified responsive and responsible subcontractors.
CONSULTANT shall evaluate the bids for completeness, full responsiveness and price, including alternative
prices and unit prices, and shall make a formal recommendation to City with regard to the award of contract.
Non - technical bid requirements shall be evaluated by others.
Property Management Facility 19
Schedule A
02/10/2011
This scope of services includes no additional allowance for CONSULTANT's time to assist the CITY in the
event of a bid protest. To the extent CONSULTANT's services are required in the event of a bid protest;
CONSULTANT shall participate in such activities, as a basic service, at no additional cost to the CITY.
Task 3.6 - Guaranteed Maximum Price (GMP) Construction Contract Award
CONSULTANT shall provide sets of construction contract documents, inclusive of addenda, for execution by
the CITY and the CM within five (5) working days of request by the CITY pursuant to Article Six (6) of this
agreement.
Task 3.7 — As- Bid Contract Documents: After the GMP contract award and prior to the pre- construction
conference, the CONSULTANT shall prepare "As -Bid" construction contract documents which, at a minimum,
shall incorporate the following items into the construction contract documents:
• Contractor's (CM) bid submittals, including but not limited to, bid proposal, insurance, licenses,
etc.
• Amend / modify front -end documents and / or technical specifications to incorporate changes
made via contract addenda.
• Revise construction contract drawings to include modifications / revisions incorporated via
contract addenda.
The CONSULTANT shall prepare As -Bid construction contract documents and reproduce sets as requested,
for distribution to the CITY within five (5) working days after City Commission approval.
The following apply to Task 3.1 through 3.7:
Deliverables: - Attend and participate in pre -bid conferences and bid openings.
- Respond to questions from prospective bidders and prepare addenda for
distribution by others.
- Prepare recommendation of award letter
- Provide sets of contract documents for contract execution
- Prepare As -Bid contract documents, reproduce sets and forward to the CITY.
Schedule: - See Schedule E — Project Schedule
TASK 4 — CONSTRUCTION ADMINISTRATION SERVICES
The CONSULTANT shall perform the following tasks related to the construction administration of the Project.
These tasks shall be performed during the duration of all construction.
Property Management Facility 20
Schedule A
02/10/2011
CONSULTANT's compensation includes construction administration for the duration (through completion and
issuance of final certification) of the Project. CONSULTANT's construction administration services tasks shall
be required during the duration of all construction (through Project completion and final certification) at the
negotiated total amount and rates. No over -time rates will be considered.
The use of E- Builder software will be implemented during the construction phase of this Project and will be
used by CITY staff, the Contractor, and the CONSULTANT for Project document management and tracking
purposes. CONSULTANT will be required to electronically archive into E- Builder scanned copies of:
CONSULTANT transmittals; approved /rejected submittals and shop drawings; responses to requests for
information, contract document clarifications, requests for proposals; field orders; field measurement forms
and pay application review comments; notices of contractor non - compliance; contractor permits, notices to
proceed, inspection reports and photographs; daily work log and Daily Construction Observation Forms;
pre /post construction digital photographs; materials sampling and test results and reports; certificates of
substantial and final completion, and any and all correspondence, reports, logs and documents associated
with Project management, construction administration, and Resident Project Representative activities
associated with the construction and final certification of the Project. The E- Builder software license expense
will be a reimbursable item and the required training for this software will be facilitated by the CITY.
Task 4.1 — Pre - Construction Meeting: The CONSULTANT shall attend one (1) pre- construction meeting
with CITY and Contractor ( CM). The CONSULTANT will prepare and distribute agenda and subsequent
meeting minutes to all attendees and other appropriate parties.
Deliverables: - Attend and participate in pre- construction meeting.
- Prepare agenda and meeting minutes.
Schedule: - As scheduled by CITY after issuance of Task 4 Notice to Proceed.
Task 4.1B: Pre - Construction Kick - off Meeting with Residents: CONSULTANT shall prepare, attend and
conduct one (1) pre- construction meeting with the residents. The purpose of this meeting shall be to introduce
the Contractor (CM) to the residents, as well as have the CONSULTANT present a Power Point overview of
anticipated construction sequencing, conditions to be expected, and other issues that may be of concern to
residents, as either addressed at the meeting, or the pre- meeting with CITY representatives (that is to be held
to review the content of the presentation with the CONSULTANT prior to the meeting).
Task 4.2 — Weekly Construction Meetings: The CONSULTANT shall attend weekly construction meetings
with the Contractor (CM) and applicable CITY staff for the duration of the Project. The purpose of these
meetings shall be to review the status of construction progress, shop drawing submittals, and contract
Property Management Facility 21
Schedule A
02/10/2011
document clarifications and interpretations. These meetings shall also serve as a forum for discussion of
construction issues, potential changes / conflicts and any other applicable matters. The meetings may include
site visits to visually observe / address construction related concerns that may result from discussion during
the construction meeting. These site visits shall be separate and distinct from the "Specialty Site Visits" under
Task 4.6.
The CONSULTANT will prepare meeting minutes and distribute to all attendees and other appropriate parties.
Based on field observations and other construction related activities, the CONSULTANT shall identify and
document any issues, field conditions, Contractor (CM) performance related items, and other risks /concerns
that may impact the cost and timely delivery of the Project, and the expectations of the CITY, as well as the
Contractor's (CM's) plans and recovery schedule to mitigate those risks and meet contractual obligations.
Deliverables: - Attend and participate in weekly construction progress meetings.
- Prepare meeting minutes to document construction activities as stated
above.
- Issue non - compliance notices to the Contractor, and log into the E-
Builder software program, as warranted.
- Archive all relevant documents, transmittals and correspondence into E-
Builder, as previously noted.
Schedule: - Weekly throughout the Project duration.
Task 4.3 — Requests for Information / Contract Document Clarification (RFIs / CDCs): The
CONSULTANT will receive, log and process all RFIs / CDCs and requests for proposal (RFPs). Whenever
an RFI involves the interpretation of design issues or design intent, the CONSULTANT shall prepare a written
response within three {3) calendar days and return it to the CITY. In addition, should certain items within the
contract documents require clarification, the CONSULTANT may be requested by the CITY to prepare and
forward CDCs. The CITY will hold the CONSULTANT directly responsible for any impacts resulting from
untimely responses.
Deliverables: - Respond to those RFI's that involve design interpretations and return to
CITY. Issue CDC's as required. Respond / process RFPs as required.
- Provide RFI, CDC, RFP and other construction management logs.
- Archive all relevant documents, transmittals and correspondence into E-
Builder, as previously noted.
Property Management Facility 22
Schedule A
02/10/2011
Schedule: - On -going throughout Project construction duration
Task 4.4 — Requests for Changes to Construction Cost and /or Schedule:
The CONSULTANT will receive, log and evaluate all requests for Project cost and /or schedule changes from
the CM and report such to the City at the weekly progress meetings at a minimum. The CONSULTANT shall
distribute and update the Change Order log at each progress meeting. 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 CONSULTANT after approval of the GMP Amendment(s) by the City Commission. Regardless
of the source, CONSULTANT will evaluate the merit of the claim as well as the impact of the potential change
in terms of Project cost and the schedule. CONSULTANT will review claims and / or change order requests
with City. No claims assistance services are included under this task.
Deliverables: - Perform independent review of request for cost increase and /or time
extension.
- Coordinate and participate in meetings, as required, with the CITY and
Contractor (CM) to resolve and /or negotiate the equitable resolution of
request.
- Provide written opinion and / or recommendation upon request.
- Prepare change order documentation in AIA format with supporting
documentation.
- Archive all relevant documents, transmittals and correspondence into
E- Builder, as previously noted.
Schedule: - Ongoing throughout Project duration
Task 4.5 — Processing of Shop Drawings: The CITY will receive, log and distribute shop drawings to the
CONSULTANT for its review. The CONSULTANT shall have five (5) calendar days from the time of receipt in
its office, to review and return shop drawings to the CITY. The CITY will hold the CONSULTANT directly
responsible for any impacts resulting from untimely review of submittals.
Deliverables: - Review and approve, or reject, Shop Drawings and return them to the
CITY.
- Archive all relevant documents, transmittals and correspondence into
E- Builder, as previously noted.
Schedule: - Ongoing throughout Project duration.
Property Management Facility 23
Schedule A
02/10/2011
Task 4.S L Milandatorv`Specialty Site Visits
The CONSULTANT shall be required to perform the following mandatory site visits that shall occur during the
following stages of construction (as applicable to the scope of work of this project) and shall be conducted by
the appropriate professional consultants.
A. Site preparation /underground utilities /demolition:
1. Clearing, demolition & debris removal
2. Site utilities, excavation & installation
3. Site Drainage
;:. Lr s",+ .;:fie a. ^
c
2. stoiliOci
x�. s' „ ,✓;.s � .. �' r .� $ ,:<'7. ffi. W a d ion Din ee ra ee s °'�"` a z p
� •�,., bs_xa g achment
:r ^ram _ ^..
3. �� �,�,� E� ce • hardware, hold -WAP
E. Roof structure and accessories:
1. Roof slab by (setial Inspector)
2. Roof insulation & flashing; WAP
3. Final roofing material & accessories; WAP
•
Property Management Facility 24
Schedule A
02/10/2011
F. Interior Build -Out (rough -in):
1. Interior wails & ceilings - insulation, bracing, fire rating
2. Fixtures & equipment - backing, rough -in
3. Floors & substrate
4. Electrical system rough -in, conduit, boxes, raceways
5. HVAC system rough -in, chilled lines, ductwork, dampers, insulation
6. Plumbing system, backing, fittings, clean -outs, traps
7. Fire alarm & security system rough -in, conduit, boxes, raceways
G. Interior build -out (finish):
1. Building finishes
2. Cabinetry work & shelving
3. Floors
4. Walls
5. Ceilings
6. Accessories
7. HVAC, controls, grilles, equipment, fire dampers
8. Plumbing - fixtures, grab bars, valves & drains
9. Electrical - fixtures, outlets, switch, safety switches, fire alarm & P.A. system
10. Safety -to -Life systems
H. Final exterior work:
1. Paving, slope, drainage, striping & curbs
2. Landscaping - irrigation, planting material, grades
3. Stucco /paint, cracks, caulking, flashing, expansion joints
4. Walkways - drainage
I. Final punch-list/close-out:
1. Punch -lists
2. Project close -out
3. Instruction manuals
4. Substantial Completion Form 00925
5. Certificate of Final Payment Form 0926
J. Warranty Phase:
1. Warranty period visit
Property Management Facility 25
Schedule A
02/10/2011
2. Review and certify visit
K. Post - Occupancy Evaluation.
After each Site Visit, the Consultant, and /or the Consultant's sub - consultants, shall complete and submit to
the City, a report ( "Site Visit Report") which shall, at minimum, contain the following information:
a) Site Visit report number;
b) City, Facility name, Project title, Project number and location;
c) Name of contractor /subcontractor;
d) Start and finish time of Site Visit and weather conditions; Project site administrator sign -in and sign -
out;
f) Personnel on -site, by trade;
g) Progress /quality of work by trade;
h) Photographic record with captions (digital format); and
i) Remarks /Actions
On the basis of Site Visit observations, the CONSULTANT shall inform the City and the Contractor
immediately, in writing, of the progress (or lack of progress) and quality of the Work, and the CONSULTANT
shall endeavor to guard the City against defects and /or deficiencies in the Work. The CONSULTANT shall
have access to the Work at all times, whether it is in preparation or progress, in order to meet its
responsibilities and obligations under the agreement.
Task 4.7 — Project Closeout: Upon receiving notice from the Contractor (CM) advising the CONSULTANT
that the Project is substantially complete, CONSULTANT, in conjunction with appropriate CITY 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.
Upon notification from Contractor that all remaining "punch list" items have been resolved, the
CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final review of the Project. Based
on successful completion of all outstanding work items by the Contractor, the CONSULTANT shall assist
CITY in closing out the construction contract. This shall include, but not be limited to, providing
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, certificates of
substantial and final completion, consent of surety to final payment, and processing of the final payment
application.
Property Management Facility 26
Schedule A
02/10/2011
In addition, the CONSULTANT shall coordinate with the Contractor as necessary to transfer record drawing
markups or CAD files, which the CONSULTANT shall update the corresponding CAD files for record purposes
and certify he Project as complete, in accordance with all applicable jurisdictional permitting requirements.
Y Project p pp J p 9 q
Deliverables: - Receive Contractor (CM) 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.
- Receive from Contractor original permit set, red -lined "as- built" drawings
in a form acceptable to the CITY.
- Prepare electronic record drawings and certify Project as complete per
applicable jurisdictional requirements.
- Submit five (5) full size copies of final as -built record drawings with
applicable certifications of completion.
- Submit final as -built record drawings electronically in CD format.
- Submit final Project photographs / aerials.
- CONSULTANT to provide Close -Out Book with the following information:
• Permits — complete final permit inspection sign -offs; ensure
that all permits are closed
• Engineer's Certification of Project Completion that Project was
built in accordance with plans and specifications..
• Change orders — provide all finalized change order
information, including funding.
• Punch list — provide complete list, including date item closed.
• Certificate of Substantial / Final Completion
• Operating and Maintenance Manuals
• Pay applications
• Final Waiver and Releases of Lien / Consent of Surety
• Material testing log
• Permit fees log
• Record drawing log
Schedule: - On -going throughout duration of Project.
Property Management Facility 27
Schedule A
02/10/2011
Task 4.8 — Warranty Administration /Post Project Services: The CONSULTANT shall assist the CITY with
the coordination of requested warranty work. This assistance shall be provided for a period of up to one (1)
year following Final Completion and acceptance of the Project by the CITY, or the issuance of the Final
Payment, whichever occurs latest.
Deliverables: - Assist the CITY with warranty work completion.
Schedule: - Up to one (1) year following Final Completion and acceptance of the
Project by the CITY, or the issuance of the Final Payment, whichever
occurs latest.
TASK 5 — ADDITIONAL SERVICES
No additional services are envisioned at this time. However, if such services are required during the
performance of the Work, they shall be requested by City and negotiated in accordance with contract
requirements pursuant to the hourly rates identified in Schedule "C".
Note that a separate Notice to Proceed is required prior to performance of any Work not expressly required by
this Scope of Services. If CONSULTANT, proceeds with "out of scope" work without proper authorization, it
does so at its own risk.
TASK 6 — REIMBURSABLES
Task 6.1 — Reproduction Services: The CONSULTANT shall be reimbursed at the usual and customary rate
for reproduction of reports, contract documents and miscellaneous items, as may be requested by the CITY.
Unused amounts in this allowance shall be credited back to the CITY at the completion of the Project.
Task 6.2 — Travel and Subsistence:
Not required at this time.
Task 6.3 — Surveying: The CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors
to prepare a topographical survey within the Project limits to meet the intent of the approved Project Scope.
Proposals for these services shall be submitted to the CITY for review and approval.
Task 6.4 - Geotechnical Evaluation: The CONSULTANT shall arrange for and coordinate the efforts of a
geotechnical firm to perform boring / test excavations as necessary to adequately define the soil
Property Management Facility 2g
Schedule A
02/10/2011
characteristics for the purposes of design. Proposals for these services shall be submitted to the CITY for
review and approval.
Task 6.5 — Underground Utility Verification: The CONSULTANT shall contract the services of an
underground utility location service to perform additional vacuum extraction excavations, as needed, in an
effort to better identify existing underground conditions where work is to be performed. Actual locations shall
be as directed by the CONSULTANT, subject to CITY review and acceptance. Proposals for these services
shall be submitted to the CITY for review and approval.
Task 6.6 le ub an S sultants: The'' CONSULTANT am TANT, sh a for and ; coordinate the efforts of
design sui t suitant mortise as so7h expertise eneeded and de mmned tY the evolution of the .Project
program requirements and/or site conditions
1 The CONSULTANT at CONS�TANT's a en e, a fo h s pec i alists „desi gnated
below, either from Ihe CCNSULTANT's organ on 3r slhe Sl L” ANT ,contractedconsultanfts" or
essocietee, to perform the serrYiCeS N/ .
2. Selection of the ; CONSULTANT r t4 the ti Ica : and expert''' se of .the foll ng
ar a ineeri ,.and other ! and„ ac by the Cr i the Designated.Specalists
a. -11Volfbeig, ;Alvarez.and' rers .,: ELE TRICAL ,ENGINEERS
b. tides. rag, Alvarez and Partners . MECHANICAL ENGINEERS
ARTIN? NGINEERING GROUP: S o ` `EN
d. Wolfberg, Alvarez and Partners ' n ,: OWL .ENGINEE S
e. O'leary Richards Ilesign Associates Inc. ;LANDSCAPE ARCHITECT
3. The CONSULTANT shall negotiate a fair and equitable agreement with each of the Designated
Specialists based on the terms and conditions of this AGREEMENT. The CONSULTANT may choose
additional specialists, for which prior written notice to the CITY shall be given, but shall not terminate or
replace those originally designated without the prior written approval of the CITY and without a signed and
sealed or notarized release from the Designated Specialist being replaced or justification acceptable to the
CITY that such a release is not obtainable.
Property Management Facility 29
Schedule A
02/10/2011
4. The CONSULTANT's agreement(s) with its Designated Specialists shall specifically require the
Designated Specialists to visit the Project(s) during construction, as part of their comprehensive
services, in order to guard the CITY against deviations by the Contractor from requirements of the
Construction Contract Documents.
5. The CONSULTANT shall be responsible for all the work of the CONSULTANT's organization and that
of the CONSULTANT's Designated Specialists. In the required effort to avoid errors and omissions in the
Construction Documents, special attention shall be given by Designated Specialists to the coordination of
their work with that of others. However, the final responsibility for such coordination rests with the
CONSULTANT. Nothing contained in this AGREEMENT shall create any contractual relationship between the
CITY and any of the Designated Specialists working for the CONSULTANT. It shall be understood that the
CONSULTANT is in no way relieved of any responsibility under the terms of this AGREEMENT by virtue of
the performance or non - performance of required services by any Designated Specialist who may associate
with the CONSULTANT in performing the work.
6. The CONSULTANT shall retain all financial and design documentation related to the Project for a
minimum of four (4) years after completion of this AGREEMENT, or for such longer period as may be required
by law.
Minimum Drawing Requirements
The composite set of drawings to be produced shall contain sufficient information and detail to clearly define
all proposed improvements in terms of quantity, quality and location. The CONSULTANT shall propose a
drawing list to be reviewed and approved by the CITY.
Site Plans
Existing Conditions — Site Survey — to include property lines, existing grade / topography, sidewalks,
pavement areas, landscaping, site improvements, buildings, dimensions of buildings, fencing, lighting,
overhead and underground utilities, etc.
Demolition — Clearly depict existing conditions to be demolished or modified.
Proposed improvements — Clearly depict all new design elements including sidewalks, pavement areas,
landscaping, buildings, fencing, lighting, utility modifications, replacements, and additions, etc.
Property Management Facility 30
Schedule A
02/10/2011
Enlarged site plans — Where necessary to clearly define Project requirements, provide enlarged site plans for
specific areas of improvement.
Building Drawings
All buildings to be demolished, renovated or constructed shall be detailed in the Project drawings in sufficient
detail to clearly and thoroughly depict the intended improvements or modifications and shall at a minimum
include drawings for all involved disciplines: Architectural, Civil, Structural, Mechanical, Electrical, Plumbing,
and Landscape Architecture. Drawings shall be organized by building and by discipline.
Property Management Facility 31
Schedule A
02/10/2011
SCHEDULE B
CONSULTANT COMPENSATION
Schedule of Payments
Planning Services* $26,068.40
Design Services* $185,707.92
Bidding and Award Services $11,467.80
Construction Administration Services ** $63,672.16
Reimbursable Allowance * ** $28,300.00
Note *: These services shall be paid based on percentage complete of each phase as identified in the
individual tasks and attached Schedule B, prepared by the Consultant.
Note*: Construction Administration will be paid based on a monthly basis upon commencement of
construction and for a project duration of twelve (12) months. The Consultant's monthly fee during
this construction phase will be $5,306.00.
In the event that, through no fault of the Consultant, Construction Administration services are
required to be extended, which extension shall be subject to prior City approval, at its sole discretion,
the Consultant agrees to extend said services for $2,653.00 per month for the duration required to
complete the project.
Note * * *:
The reimbursable allowance belongs to the City and must be approved in advance, by the Project
Coordinator. Unused portions will not be paid to the Consultant.
Property Management Facility 32
Schedule A
02/10/2011
73g
ZO
N m
A W
a
a
Tu
p
- N it T m r
N N Ni N N N N j Z
W V O� cn A w is, O - O, t!i A W F - • 1"
n •
V O p <C D �! A o A g V AA Of D 11) y �=' 'o°m'° mmm z d m 9 apm9 m 8 � z: NN M m �p °id0m0 �.f;;Z mpg O� F m ti v_3 m Z O 0>
o n mm0'm�m mm A O m m an d N F 7C - +2
G O 7 - '(gym , 00- 00— m c o m, . A: a K m a FO ., v
m o a g° •F '°,o =g°o= ' Am �a > > xm m °Za 0 y: =, m�T° 0 m . -Ow< m o w vsp m - ,mmOm > o » 5 0 oa ° 0 o ff3 p p a 3 O �Tm m a3 .W v v 6 - *N H < m o o c 3 3 3 n »mo,O y AyOm00w.,`"m, -1
E E ° _ g , a, g n ° o c g a. = � o m ? o v co F o w o ?' m d z :: �m '. Z
o Amo _ < A °- �0 A > yH m
m . 2 % ^G % . C c oo °13 m o^ p = RI°°... • m
m N O » N N. N w N a ct i o n < m m U m n N �. y
m ^ mm 5 FN Na'F , yv . =» m ,,,..z.. .0_
to ') ' s 3, ' 0 3 N o "g% ` . '
m c o 3 3, c ai 3 � c 3 3 � c �! A o Fig; d � m ' 3
1 3 mq mE <3 n°i m 'It y
m S i » ao 9 o O e a.?-
m o mo m m O .... y 3 nz, m w
a F x
n 3 Gam m to
A -a N m n ° m 'm n
< a .-. 3 ' K N m d V
Z • (7 n 156 m c
o _ J ^ <7,
m N Z
m
co oa .. m !' m
C
H v V N
f?,
N
O O
� m °
m
:.,
[i
m C F
o n
O
O � l0
b A y
1111 111 11111111 111111111111 11111 11111111 ;, ' : . ,' mo
o 3
Ic y
v�v
It. N A .• N A- O . 1.14:. N . N •. N A : :. n 2 7 . 2 m M X/ n A l j y 1 n -c.<
HI 0n n ot % 3 m v m N - N o A .. A A .. A ! : x m �<, �� ~4 D W
Co m DS
a m O
A A ° O, N aD O •' m . p N •' N A o (7 D
mm 'um�
- -_ - w c
- AA - ym
° 11 : o 0 0 °'
o
o
o N o0 o [ �
A pp f� p ° .. ° ° •. A O . N . N ° - O O) m W Oo tp .. N O) r �: § „:
1 111 1111': m IF 11141"9'
iI FIF1I
-
1
. PD"
N
.l`. °
m
:t A
' t : v
x
N A m
C N «sY
N
1-�+ m m F wm wm Ili!L s „ o c 5 -.
- - m ° `tv me o= 0 xo O Z gm N ! ' iu I I' 02 0 �++ m $ 3 C A m j 5 r cm
gE 3m =1 ° N m n m y m r `
im p O
: es n S i ; a .t
I y y H N 2 m n O
§ N
C O Fa ; '..
m a
,
C
m '
W O N 3 n
3 0
5z
m a)
m r . 71
oz"0
A A to A A N A A N N m co A N N m
b n y
,,„ , 0
DD T
m
C Z o�O Mco
Nm A N OSAA A mmy,..NA Vl m k C
r
— — — —. o -
m
'III m
7 ac�
s A mu: r
m W o N o m N m F D=
S m
— — — — — o r
r m
111 0 o m m n
N
.
I p A N
—i i
; :i ('
W A N
A G O I w a . Of m A Of A m A 01 " x �• "d
N 4
H H H M HH H -- S N0 p p 1 0 p 11 M1,) VCCC Q OO 'mP p H-H TIN�s*H p � .. S S S S SS S 0 0000 0 N OSf m Jl :" W Ofn OO pN fO .
S N S 8 a 8 8 S S
8888888 N A 88b4 N
1
I I ',
1
If HrI.
{
1i m w i
N M N M M C N
i .4 `
■ p O p Op ppO O O p O
'^ , .
O O O _ 8 O . 8 . 8 m L.
k '.
SCHEDULE C
Hourly Billing Rates
Project Principal $ 150.00 Traffic Engineers $ 101.00
Project Manager $ 120.00 Cost Estimator $ 65.00
Senior Civil Engineer $ 115.00 Specifications Writer $ 55.00
Civil Engineer $ 101.00 Constr. Administrator /Manager $ 82.00
Senior Electrical Engineer $ 115.00 Senior Project Manager $ 120.00
Electrical Engineer $ 101.00 MEP Project Engineer $ 120.00
Senior Mechanical Engineer $ 115.00 Horticultural /Maintenance /Consultant $ 75.00
Mechanical Engineer $ 101.00 Irrigation Engineer $ 82.00
Senior Structural Engineer $ 115.00 Job Captain $ 80.00
Structural Engineer $ 101.00 Interior Designer $ 83.00
Senior Environmental Engineer $ 115.00 Principal /Director of Design $ 120.00
Environmental Engineer $ 101.00
Environmental Technician $ 65.00
Environmental Specialist $ 55.00
Environmental Permit Specialist $ 55.00
Project Scientist $ 105.00
Senior Surveyor $ 120.00
Surveyor $ 101.00
Surveyor Support Staff $ 60.00
Senior Architect $ 115.00
Architect $ 101.00
Senior Designer $ 115.00
Designer $ 83.00
Senior Urban Planner $ 115.00
Senior CAD Technician $ 60.00
CAD Technician $ 55.00
Senior Landscape Architect $ 115.00
Landscape Architect $ 101.00
Clerical $ 35.00
Administrative Assistant $ 35.00
Survey Crew Party of 2 $ 122.33
Survey Crew Party of 2 w /GPS $ 146.53
Survey Crew Party of 3 $ 148.21
Survey Crew Party of 3 w/ GPS $ 171.31
Survey Crew Party of 4 $ 183.75
Survey Crew Party of 4 w /GPS $ 217.50
Sr. Inspector (CEI) $ 90.00
Inspector (CEI, Field or Construction) $ 82.50
Project Engineer (Coastal or Other) $ 101.00
Sr. Field Services Professional $ 101.00
Field Services Professional $ 70.00
Threshold Inspector $ 120.00
Structural Special Inspector $ 95.00
Technical Editor $ 65.00
Senior GIS Specialist $ 101.00
GIS Specialist $ 75.00
Staff Engineer /Geologist /Scientist $ 82.00
Landscape Designer $ 83.00
Planner $ 101.00
Project Principal (Structural Engineer) $ 150.00
Property Management Facility 33
Schedule A
02/10/2011
SCHEDULE D
CONSTRUCTION COST BUDGET
$3,600,000
Property Management Facility 34
Schedule A
02/25/2011
SCHEDULE E
PROJECT SCHEDULE
Property Management Facility 35
Schedule A
02/10/2011
I$ 11 C ® ECC E = IEECEECEC1EE1EE11E °
In i I E li igii i fill ! ii i aR
9 p
II :1_- !__aa..sea_[: op ..a r
11 . * t 1 t t 1 1.1 -. 1 1 4 1 1 1 Lt t t t t, t t _ t 1. 1, t tt_
1/ a i- -- a- 8 a s a! a:... 3 - s• . e a s __ l
! rn izf,ii iggg!p! TFfqtggrgii299i iigis[2iisiiiiitzaiiii[i
I. S S s s S S S S_! ! ! S S S 3 S S!! S S S #� S 3 ! 9 3 3
2igiilii il.!!i issiiiiisriiiof
g i l l i i t i i i ! S! i i S i 1 5 i s S S S s S ;; I z,4 1 S S S4 i S i i 3 i
ii
II _ 14a. 1
0
II 1
- r
r _ if
it
11 111 5=
f
e
l i l t
j o ;1
a
it
B
9
B F
IL
_ I
1
F
1
1
e3
[
i s
I
SCHEDULE F
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
See attached CD
Property Management Facility 36
Schedule A
02/16/2011
vitiortst/ sairr
AGREEMENT FOR PRE - CONSTRUCTION SERVICES
BETWEEN CITY OF MIAMI BEACH, FLORIDA,
AND KVC CONSTRUCTORS INC., FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES PURSUANT
TO RESOLUTION NO. 2006 -26416 ENTITLED "CONSTRUCTION MANAGEMENT AT RISK PRE -
CONSTRUCTION SERVICES FOR THE RENOVATION OF THE SCOTT RAKOW YOUTH CENTER PHASE II
PROJECT.
THIS AGREEMENT, made and entered into this day of , 2006, by and between the CITY OF
MIAMI BEACH, a Florida municipal corporation whose address is 1700 Convention Center Drive, Miami Beach, FI.
33139 (hereinafter City), and KVC CONSTRUCTORS, a Florida corporation whose address is 9499 NE 2 Avenue,
Suite 205, Miami Shores, FI., 33138 (hereinafter Construction Manager or CM).
WITNESSED:
WHEREAS, the City intends to renovate the existing Scott Rakow Youth Center and desires to engage the
services of CM; and
WHEREAS, the CM desires to act as Construction Manager At -Risk to the City to provide the services as set
forth in this Agreement.
NOW THEREFORE, in consideration of the covenants and conditions herein contained, and other good and
valuable consideration, the sufficiency of which is hereby acknowledged, City and CM agree as follows:
ARTICLE I
DEFINITIONS
The following terms shall have the meanings specified below; any capitalized terms referred to herein and not
defined shall have the meanings set forth in the Agreement between City and Construction Manager:
1.1 Architect/Engineer or A/E: The "Architect/Engineer" or "A/E" shall mean that person or firm
designated as the architect/engineer for the Project, or any portion thereof. Also referred to as the Consultant,
this entity has entered into a separate agreement with the City for design services for the Project, said
Agreement attached and incorporated as Exhibit VII hereto (also referred to as the NE Agreement). For
purposes of this Agreement, the Architect/Engineer of record for the Project is Brown and Brown Architects Inc,
whose principal address is 7100 SW 99 Avenue, Suite 201, Miami Florida, 33173.
1.2 Bonds: The "Bonds" shall rrrean the Public Construction Payment Bond and the Public Construction
Performance and Guarantee Bond furnished by the Construction Manager as required by this Agreement.
1.3 Bond Premium: The term "Bond Premium" shall mean the direct cost of the premium paid for the
Bond (s).
1
1 4
1.4 Budget: The minimum amount established by the City for this Project. Construction Manager herein
acknowledges that, prior to execution of this Agreement; it has received the City's written Budget for the
Project.
1.5 City or Owner: 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, and
may also be referred to as the "Owner" in this Agreement. 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 the Project subject to this Agreement, this Agreement may be
terminated by the City pursuant to the procedures set forth in Subsection 6.2.
1.6 City Commission: "City Commission" shall mean the governing and legislative body of the City. The
City Commission shall be the final authority to do or to approve the following actions or conduct by passage of
an enabling resolution or amendment to this Agreement.
1.6.1 The City Commission shall be the body to consider, comment upon, or approve of any amendments or
modifications to this Agreement.
1.6.2 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.
1.6.3 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.
1.6.4 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.
1.7 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 CM. 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 CM pursuant
to the Scope of Services set forth in this Agreement, as same may be amended from time to time.
1.7.1 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 CM's work.
1.7.2 The City Manager shall additionally be authorized, but not required, upon written request of the CM, to
2
reallocate monies already budgeted toward payment of the CM; provided, however, that he cannot increase the
CM's compensation or other budgets established by this Agreement.
1.7.3 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.
1.7.4 The City Manager or his designee shall be the representative, on behalf of the City authorized to issue
a Notice to Proceed.
1.7.5 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.
1.7.6 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.
1.8 CM Principal: The "CM Principal" shall be the person designated by the Construction Manager as its
senior representative to the City. The CM Principal shall perform those duties required in this Agreement and
shall have the authority to commit and obligate the CM, and to fully act for the CM in all maters.
1.9 Claim: A "Claim" is a demand, assertion, dispute or other such claim by one of the parties hereto
arising out of or based upon the terms and conditions of the Contract Documents.
1.10 Contract Amendment or Change Orders: "A Contract Amendment" or "Change Order" shall
mean a written order to the Construction Manager approved by the City, as specified in this Agreement, and
signed by the City's duly authorized representative, authorizing a change in the Project or the method and
manner of performance thereof, or an adjustment in the fees or completion dates, as applicable, and executed
by the City, CM and the A/E. Contract Amendments and /or Change Orders affecting changes to the Work shall
be countersigned by the CM and the A/E. Contract Amendments and /or Change Orders 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 and /or Change Orders for less than Twenty-Five
Thousand Dollars and 00/100 ($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 and /or Change Orders
1.11 Construction Change Directive: The term "Construction Change Directive" shall mean a written
directive to effect changes to the Work, prepared by the A/E and executed by the City.
1.12 Construction Estimate: The term "Construction Estimate" shall mean a cost estimate for the
completion of the entire Scope of Work for the Project, which estimate shall include all components of the Cost
of the Work, as well as the Construction Fee for the Project. This estimate is initially established as $3,900,000
which is the sum budgeted by the City for the construction cost for the Project.
3
1.13 Construction Manager (CM): The firm of KVC Constructors Inc.,, whose principal address is, 9499
NE 2 Avenue, Suite 205, Miami Shores, FI., 33138, as selected by the City pursuant to Resolution No.
2006 - xxxxx, to provide services of Construction Management At -Risk for this Project. Acceptance of the GMP
by the City shall result in the CM functioning from that point forward as a General Contractor under the terms
and conditions of the Contract Documents, as same may be amended, which will go into effect at the time of
GMP acceptance.
1.14.1 (Intentionally Omitted)
1.14.2 The Construction Manager shall be liable for its 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 Construction Manager. When the term "Construction
Manager" or "CM" 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 CM. Any subconsultants retained by Construction
Manager pursuant to this Agreement and the Project, must receive the prior written approval of the City.
1.15 Construction Manager's Fee: The term "Construction Manager's Fee" or "Fee" shall mean, for
purposes of this Agreement only, a fixed fee, in the amount of $75,000, representing the Fee negotiated for
CM's Preconstruction Services, as contemplated herein. Notwithstanding anything to the contrary, if the GMP is
not accepted by the City and the Agreement is terminated, the Construction Manager shall be entitled to receive
only that portion of the Fee herein, representing all work performed to date relating to the Project.
1.16 Construction Phase Services: The term "Construction Phase Services" shall mean and anticipates,
in a subsequent amendment to this Agreement, and further, in the event the City approves the GMP, the
services to be performed by or through the Construction Manager during the Construction Phase of the Project,
including, without limitation, the Work for the Project, and such other services as called for by this Agreement
and any amendments hereto, or reasonably inferred there from.
1.17 Construction Schedule: The term "Construction Schedule" shall mean a critical path schedule or
other construction schedule, as defined and required by the Contract Documents.
1.18 Construction Team: The term "Construction Team" shall mean the construction team consisting of
representatives of the Construction Manager, the City, and the A/E.
1.19 Contingency: The term "Contingency" shall mean a line item contingency amount contained in the
Schedule of Values for the Project, which contingency amount, if accepted by the City, shall be included within
the GMP for the Project, and shall accordingly be referenced in the [GMP] Amendment to this Agreement.
Pursuant to said Amendment, the Contingency shall be used as a source of funds for the costs reasonably and
necessarily incurred and paid by the Construction Manager, which costs shall be at rates not higher than the
standard paid in the locality of the Work, as follows: (i) in connection with the proper performance of Work
required hereunder which Work was unforeseeable by the Construction Manager, the A/E and the City at the
time of execution of the GMP Amendment pertaining thereto, notwithstanding the Construction Manager's
exercise of due diligence in connection therewith; and (ii) to the extent that any portion of the Contingency
4
remains unallocated on the date of Final Completion and after the issuance of final payment for the Project,
which remaining portion of the Contingency shall accrue to the benefit of the City. The Contingency amount, if
any, shall be set forth in the GMP Amendment for the Project, on its face and within the Schedule of Values
attached thereto. The Contingency amount shall be used at the discretion of the City and must be approved
prior to the CM using it.
1.20 Contract: The term "Contract" means the contract formed by all of the Contract Documents, including
this Agreement and any amendments hereto.
1.21 Contract Documents: The "Contract Documents" include Resolution No. 2006 - xxxxx; this
Agreement, and all attachments, exhibits, and amendments thereto; the NE Agreement, attached as Exhibit VII
hereto; and such other documentation as may be listed as an attachment and /or an exhibit to this Agreement.
Upon execution of the GMP Amendment, the Contract Documents shall be expanded to include, in addition to
those items listed above, those documents identified by the GMP Amendment and the attachments and
exhibits thereto.
1.22 Contract Time: The time period defined within this Agreement for the Construction Manager to submit
the GMP.
1.23 Drawings: The "Drawings" shall refer to the graphic and pictorial provisions of the Work identified as
the Drawings in the GMP Amendment; Change Order, or Construction Change Directive issued and executed
in accordance with the Agreement, including without limitation, all notes schedule and legends on such
Drawings.
1.24 General: Except as defined herein, or as otherwise defined in the Contract Documents, words which
have well -known technical meanings or otherwise have accepted construction industry meanings are used in
the Contract Documents in accordance with such well -known or accepted meanings.
1.25 General Contractor: The term "General Contractor" shall refer to the CM after acceptance by the City
of the GMP Amendment. The CM shall be duly licensed as a General Contractor pursuant to Chapter 489,
Florida Statutes.
1.26 Guaranteed Maximum Price: The term "Guaranteed Maximum Price" or "GMP" shall mean the sum
certain set forth in the GMP Amendment as the Project price that the Construction Manager guarantees not to
exceed for the Project for all services within the Agreement, as same shall be amended upon acceptance of the
GMP by the City not to include the Preconstruction Services Fee.
1.27 GMP Amendment: The term "GMP Amendment" shall mean the GMP Proposal for the Project, if any,
accepted by the City, in its sole discretion, in substantially the same form as attached as Exhibit "I ", (or a
phased portion thereof) hereto, which Amendment shall automatically become a part hereof upon the City's and
Construction Manager's execution of the same and shall establish, among other things, the GMP, the names of
the Construction Manager's on site - management and supervisory personnel for the Project; and the Contract
Time for the Project. The City anticipates that the Project will be phased and that each phase will require a
separate GMP Amendment.'
5
1.28 GMP Proposal: The term "GMP Proposal" shall mean a proposal for completing the Project, which
proposal shall include the proposed Guaranteed Maximum Price for the construction of the Project, as provided
Manager and accepted by the based the Drawings and Specifications; the
the Construction anag d accep y t e City d upon a gs Specificat s, t e
Contract Documents; and the Memorandum of Changes. The City has no obligation to accept the GMP
Proposal regardless of the amount or its relationship to estimates provided.
1.29 Laws: The term "Laws" shall include all Federal, State, County and local laws, statutes, regulations,
ordinances, rules and building codes applicable to the Project, including, without limitation, orders of any public
authority having jurisdiction over the Project, building, labor, safety, licensing or environmental laws and local
building codes, building standards and trade practices affecting the Project, as same may be amended from
time to time.
1.30 Memorandum of Changes: The term "Memorandum of Changes" shall mean a written summary of
the Construction Manager's recommended modifications to the Drawings and Specifications relating to the
Project based on an evaluation of the Project requirements; on and off -site development; survey requirements;
and Project budget requirements; and a review of the design documents; and the Drawings and Specifications;
and the Contract Documents.
1.31 Phase I- (30 %) Schematic Design Documents: The term "Phase I - Schematic Design
Documents" shall mean Drawings and other documents illustrating the scale and relationship of the Project
components, and as further defined by the NE Agreement. CM's knowledge of and coordination with said
Agreement is incorporated herein.
1.32 Phase II -(60 %) Design Development Documents: The term "Phase II- Design Development
Documents" shall mean the Drawings and Specifications and other documents which fix and describe the size
and character of the entire Project as to architectural, structural, mechanical and electrical systems, materials
and such other elements, as may be appropriate, and as further defined by the A/E Agreement. CM's
knowledge of and coordination with said Agreement is incorporated herein.
1.33 Phase III (100 %): Construction Documents: The term "Phase III- Construction Documents" shall
mean the Drawings and Specifications setting forth in detail the requirements of the construction of the Project,
and as further defined by the A/E Agreement. CM's knowledge of and coordination with said Agreement is
specifically required of the Construction Manager.
1.34 Preconstruction Services Fee:The term "Preconstruction Services Fee" shall mean the fixed fee for
the services contemplated in this Agreement, in the amount of $75,000, for CM's services performed during the
Design Phase related to the Project, which fee includes all direct and indirect costs incurred by the Construction
Manager in the proper performance of the Pre - Construction Phase Services contemplated under this
Agreement.
1.35 Preconstruction Phase Services: The term "Preconstruction Phase Services" shall mean the
services which the Construction Manager shall perform in reviewing the design and for the Bid and Award
Phases of the Agreement, and culminate with exercise by the City of one of the City's options regarding the
6
GMP Proposal.
1.36 Project: The term "Project ", in its entirety shall mean that certain portion of the City construction project
referenced in Resolution No. 2006 - xxxxx, involving the renovation of the Scott Rakow Youth Center. The
City anticipates that the Project will be phased and that each phase as set forth below, will require a separate
GMP Amendment. The final phasing of the Project will be determined by the CM, CONSULTANT and City
jointly. The phasing plan outlined below may be different from the plan agreed upon by the CONSULTANT, CM
and the City. The total GMP Amendments will comprise the entire Project. The City anticipates the following
Phases for the Project:
Phase 1A: Entry Addition, Elevator and Plaza
Phase 1 B: Convert Old Ice Rink to Multi Purpose Room
Phase Two: First Floor Renovations
Phase Three: Second Floor Renovations
Phase Four: New Parking Other Site Work
Phase Five: New Play Area and Golf Course Starter
Phase Six: New Pool Manager's Office
1.37 Schedule of Values: The term "Schedule of Values" shall mean the schedule of values, setting forth
the detailed cost breakdown, including labor, materials and taxes, of the GMP set forth in the applicable GMP
Proposal, the sum of which shall not exceed the GMP.
1.38 Scope of the Work: The term "Scope of the Work" shall mean all services, labor, materials equipment,
operations and construction management services that are indicated in, or reasonably inferable from the
Contract Documents.
1.39 Specifications: The "Specifications" consist of any and all written requirements for materials,
equipment, construction systems, standards and workmanship for the Work which are identified as the
Specifications in the GMP Amendment, Contract Amendment(s), or Construction Change Directive(s) issued
and executed in accordance with the Agreement.
1.40 Subconsultants:
1.40.1 A "Subconsultant" is a person or entity which has a direct contract with the Construction Manager to
perform or supply a portion of the Work and the term includes such Subconsultant's authorized representatives.
Construction Manager shall obtain prior written approval of the City prior to changing or modifying the
subconsultants and other professional associates. Any such services performed by any Subconsultants shall
be passed through to City without additional charge by the CM. All such work shall be itemized on invoices
from such Subconsultants, showing work performed and charges incurred.
1.40.2 The Construction Manager 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 that they possess
the skill, knowledge and experience necessary to enable them to perform the services required. Nothing in this
Agreement shall relieve the Construction Manager of its prime and sole responsibility for the performance of the
7
Work under this Agreement.
1.40.3 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 or more than what is typically charged in the
industry.
1.40.4. Construction Manager shall bind each and every approved Subconsultant to the terms stated in this
Section and shall require the proper licensing of such Subconsultants.
1.40.5 If any of the services outlined in this Agreement are furnished by Construction Manager by obtaining
the services of Subconsultants, Construction Manager shall provide City with proposals and contracts between
the Subconsultants and Construction Manager outlining the services to be performed and the charges for
same, together with any other documentation required by City.
1.41 Substantial Completion: The term "Substantial Completion" is as defined in the Contract Documents,
as same may be amended.
1.42 Substantial Completion Date: The "Substantial Completion Date" shall mean the date which the A/E certifies
to the City by means of a certificate of Substantial Completion as the date when the Construction Manager has
achieved completion of the Project or any phase thereof in accordance with the General Conditions of the
Contract Documents and applicable laws and the Citv of Miami Beach Building Department issues a
Certificate of Occupancy (CO) or (Certificate of Completion(CC) for Renovation Projects.)
Notwithstanding the preceding, if a situation arises beyond the control of the CM, and the issuance of a
Certificate of Temporary Occupancy (TCO) is granted by the Building Department, then the City may deem at
its sole and reasonable discretion, that the Project or any phasethereof has been Substantially Completed.
1.43 Taxes: The term "Taxes" shall mean all taxes related to the performance of the Work or any portion thereof,
including but not limited to, all sales, consumer, use, occupational, excise, social security, unemployment
compensation and similar taxes.
1.44 Work: The term "Work" means all supervision, labor materials and equipment required by the Contract
Documents to be provided by or through the Construction Manager for the entire Project and all other services
necessary to fulfill the Construction Manager's obligations hereunder to perform the Scope of the Work,
including, as the context may require, any portion of the Work with respect to the Project. The uncapitalized
term work is used in its ordinary sense.
1.45 Proposal Documents: (Intentionally Omitted).
1.46 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 Project; other causes beyond the parties control; or by any other such causes which the City and the
Construction Manager decide in writing justify the delay. Provided, however, that market conditions, labor
8
conditions, construction industry price trends, and similar matters which normally impact on the bidding process
shall not be considered a Force Majeure.
ARTICLE II
RELATIONSHIP OF CITY AND CONSTRUCTION MANAGER
2.1 The Construction Manager accepts the relationship of trust and confidence established between it and the City
by this Agreement. The Construction Manager represents that it will furnish its best skill and judgment in
performing the CM's services and the Work, and shall always act to further the interest of the City in the
expeditious completion of the Project, at the lowest responsible cost to the City, and in strict accordance with
the Contract Documents and prudent and customary construction practices.
2.2 By signing this Agreement, the Construction Manager accepts a fiduciary duty with the City and warrants and
represents to the City that the Construction Manager:
a) has all licenses and certifications required by applicable law to perform the CM's services and the
Work;
b) is experienced in all aspects of preconstruction and construction planning for projects similar to the
Project;
c) will act in the City's highest and best interest in performing the CM's services and the Work; and
d) that no employee or affiliate of the Construction Manager, including all subconsultants, subcontractors
and suppliers, at any tier, has been convicted of a public entity crime, fraud, theft, and /or property
damage crime within the preceding thirty -six (36) months from the date of execution of this Agreement,
pursuant to Section 287.133, Florida Statutes.
The Construction Manager acknowledges and agrees that the City is relying on these representations and covenants as
a material inducement to enter into this Agreement.
ARTICLE III
THE CONSTRUCTION MANAGER SERVICES
3.1 GMP Amendment
The parties are entering into this Agreement before Contract Documents are sufficiently complete to establish the GMP;
therefore, it is anticipated that one or more GMP Amendments will be executed to establish the GMP and incorporate
subsequent documents that fully describe the scope of the Work included in the GMP. Each such Contract Amendment
and additional Contract Documents shall become a part of this Agreement as if fully set forth herein. The GMP for the
Project must be established no later than , , 2007, (See Attached Schedule in Exhibit II) after issuance
of an initial Notice to Proceed by the City pursuant to this Agreement; otherwise this Agreement shall terminate pursuant
to Article VI herein.
The City anticipates that the Project will be phased and that each phase, as set forth below, will require a separate GMP
9
Amendment. The total GMP Amendments will comprise the entire Project.
Phase 1A: Entry Addition, Elevator and Plaza
Phase 1 B: Convert Old Ice Rink to Multi Purpose Room
Phase Two: First Floor Renovations
Phase Three: Second Floor Renovations
Phase Four: New Parking Other Site Work
Phase Five: New Play Area and Golf Course Starter
Phase Six: New Pool Manager's Office
3.2 The Services of the Construction Manager shall include, but are not limited to, those described or specified
herein. The Services described herein shall not be deemed to constitute a comprehensive specification having the
effect of excluding services not specifically mentioned. The Construction Manager's Services shall include, without
limitation, all of the Preconstruction Services set forth in this Agreement and, upon approval by the City of the GMP, and
as contemplated in the GMP Amendment (or Amendments), and such other amendment(s) as necessary to fix and
describe the parties' respective rights and responsibilities with respect to the Work and the Project, all of the
Construction Services required to complete the Work in strict accordance with the Contract Documents, and to deliver
the Project to the City at or below the GMP, when established, and within the Contract time.
3.3 Pre - Construction Services.
3.3.1. Generally - The Construction Manager shall review Project requirements, existing on -site and off -site
development, surveys and preliminary budget, and make recommendations to the City for revisions. The
Construction Manager shall prepare a preliminary Project Schedule in accordance with the Contract
Documents and in coordination with the City and the Architect/Engineer, identifying all phases, critical path
activities, and critical duties of each of the Project team members. The Construction Manager shall, at each
remaining design phase (i.e. design development; 30 %; 60% and 100% construction document), review the
plans and advise the City and the Architect/Engineer regarding the constructability of the design and of any
errors, omissions, or conflicts it discovers. The Construction Manager shall prepare an outline of proposed bid
packages and detailed cost estimates, and advise the City regarding trends in the construction and labor
markets that may affect the price or schedule of the Project. The Construction Manager shall attend all Project
related meetings. The Construction Manager's Preconstruction Services shall be provided, and the City shall
compensate Construction Manager for such services, based upon a fixed fee, in the amount of $75,000
representing the Construction Manager's Fee. At the conclusion of the Preconstruction Services, the
Construction Manager shall, without assuming the duties of the Architect/Engineer, warrant to the City, that the
plans, specifications and other Contract Documents are consistent, practical, feasible and constructible, and
that the Project is constructible within the contract time.
10
ARTICLE IV
DUTIES AND RESPONSIBILITIES
The CM shall perform the following responsibilities and duties:
4.1 All CM procedures, recommendations, documentation, record retention, etc. must conform to the Project
requirements including applicable sections of the City's procedures, Architect and Engineer's procedural
manual; master specifications; general conditions of the Construction Agreement; (and other) applicable codes,
regulations and procedures that may be required at the State, County, City or any agency, utility or similar
governmental entity.
4.1.1. Develop, for City approval and for full compliance by CM, of a Project specific procedures manual detailing the
entire Project process, including at minimum the following:
a) Exhibit I (GMP Amendment); Exhibit II (Schedule); Exhibit III (Declaration); Exhibit IV
(Sworn Statement Section 287.133(3)(a)FS on Public Entity Crimes; Exhibit V
(Questionnaire); Exhibit VI (Insurance Checklist); Exhibit VII (A/E Agreement); Exhibit
VIII (General Conditions of the Construction Contract); Exhibit IX (Best Value
Amendment); Exhibit X (Qualification Submittal Documents);and this Agreement.
b) Construction coordination, scheduling, communication and documentation procedures
among the CM, the Architect/Engineer, subcontractor(s), subconsultant(s), and other
departments or organizations who require coordination with and /or input into the
Work.
c) Project reports (monthly).
d) Request for Information.
e) Contract Amendment(s) process.
f) Shop Drawing submittal.
g) Project closeout.
Said procedures manual to be presented no later than with first application for payment.
4.2 Coordination and Scheduling
4.2.1 Coordination with NE - In providing the Construction Manager's services described in this Agreement, the CM
shall maintain a working relationship with the Architect/Engineer. However, nothing in this Agreement shall be
construed to mean that the CM assumes any of the responsibilities or duties of the NE. The CM shall be solely
responsible for construction means, methods, techniques, sequence and procedures used in the construction
of the Project and for the safety of its personnel, property, and its operations for performing in accordance with
the CM's Agreement with the City. The A/E is responsible for the requirements of the Project, as indicated in
the Agreement between the City and the NE. The CM's services shall be rendered compatibly and in
cooperation with the NE's services to the City. It is not intended that the services of the NE and the CM be
competitive or duplicative, but rather be complimentary.
11
4.2.2 Scheduling - The CM shall meet immediately upon execution of this Agreement with the Architect/Engineer and
City representatives to review the NE Agreement (final) and the Project as referenced in Schedule D of the A/E
Agreement. The CM shall ensure that the parties jointly review, modify as necessary, and agree to a single
design schedule, to be called the revised most current Schedule to the NE Agreement. This schedule shall be
submitted to the City within fourteen (14) days of execution of this Agreement. Should the parties not be able to
reach final agreement on a revised schedule for purposes of the Project, which include(s) a schedule for all CM
services, which the CM believes to be fair, reasonable, and in the best interest of the Project. The City shall
then determine what schedule is to be utilized, and the City's decision with regard to same shall be final, and
binding upon the parties.
4.3 Design Phase
4.3.1 Review of Design Documents - The CM shall review the design documents and make recommendations to
the City and to the A/E as to constructability, cost, sequencing, scheduling, and the time of construction, as to
clarity, consistency and coordination of documentation. The recommendations resulting from such review will
be provided to the City and NE in writing and as notations on the design documents. This review and the
accompanying writing notations shall be submitted with the documents for review by the City at each Phase of
design review as noted in the A/E Agreement (Exhibit VII).
4.3.2 Responsibility - The CM, as a result of the above -noted review of the design documents and
recommendations provided to the City, shall utilize its best efforts to assure the coordination of drawings with
the written specifications. This includes but is not limited to, the CM's review of the construction documents in
coordination of the drawings and specifications themselves, with the existing buildings and sites to ensure
proper coordination and constructability and lack of conflict, and to minimize unforeseen conditions. The CM
shall, during this phase, be responsible for the proper identification and location of all utilities, services, and
other underground facilities which may impact the Project. The CM specifically agrees that no Contract
Amendments shall be requested by the CM or considered by the City for reasons involving conflicts in the
documents, questions of clarity with regard to documents, incompatibility, or conflicts between the documents
and laws, the existing conditions, utilities, and unforeseen underground conditions.
4.3.3 Preliminary Scheduling - The CM will submit to the Architect/Engineer for comment and to the City for
approval a proposed schedule for the Project at the time the 60% design documents are to be submitted to the
City for review. That schedule shall include such bid and construction activities as well as reasonably outline
the approach the CM intends to take for the Project. This requirement is in addition to any other scheduling
requirements which may be contained in the contract documents and shall be compatible with same. The CM
shall include in the above -noted schedule a proposed construction sequencing plan for the Work.
4.3.4 Estimating and Cost Control - The CM shall prepare detailed cost estimates and updates throughout the
Design Phase leading up to the bidding phase of the Project. The CM shall submit same with the submittal of
each Phase of design review in accordance with the most current NE Agreement and at such other times as it
may be requested by the City. The estimates by the CM shall show the estimated amount of the GMP. They
12
shall be in such detail as the City may require, , and shall not exceed the construction budget of $3,900,000.
a) Should the CM's estimated GMP exceed the Budget, the CM shall include with said
estimate written suggestions for bringing the Project within Budget. The City, at its
sole option, may adjust the Budget or it may direct the CM to coordinate with the
Architect/Engineer to reduce the estimated cost of the Project through Value
Engineering, re- design by the Architect/Engineer, re- estimating, obtaining additional
pricing, scope reduction and /or other at no cost to the City; or it may choose to
continue under subparagraph (b) below.
b) The City shall determine, after receipt and review of each estimate, whether the CM
shall continue to perform the services of the Agreement without requiring adjustment
of the most current CM estimated GMP. The City may, at its sole option, determine to
proceed with the Project without Budget adjustment or any other change to the
Project. This shall in no way obligate the City to accept the CM's GMP Proposal
whether or not it is within the estimate or whether or not it is within the Budget. The
City in this and all cases may reject the GMP at its sole discretion and proceed to
exercise its options as identified in this Agreement.
c) The CM and A/E shall advise the City immediately when the A/E or CM estimate
exceeds the construction budget.
4.3.5 General Coordination - The CM shall coordinate with and include activities in both the schedule referred to in
this Section and other schedules required in the Contract Documents the work of consultants, testing labs, and
other consultants employed by the City as well as the reviews required by the City and other agencies and the
Architect/Engineer.
4.3.6 Permits and Fees - The CM will be responsible for coordinating with the Architect/Engineer the submittal of all
required documents for permits. CM shall be responsible for obtaining any and all permits and paying any and
all related fees for the Work. The City shall not pay the CM any additional sums beyond the Preconstruction
Services Fee and the GMP for these services. Fees for building permits issued by the City of Miami Beach
shall be waived. Fees for other permits shall be the responsibility of the CM.
4.3.7 Design Services — N/A
4.3.8 Memorandum of Changes -The CM shall submit to the Owner the CM's Memorandum of Changes in
sufficient time and as scheduled so it may be reviewed by the NE and the City against the Contract Documents
and any corrections, modifications, additions, or changes be incorporated prior to commencing the Bid and
Award Phase. The Memorandum of Changes shall include a summary of all recommendations made by the
• CM in fulfilling the CM's duties with regard to the Contract Documents. The CM shall identify any
recommendations not incorporated into the documents. The City shall either direct that same be incorporated
or explain in writing why the recommendation is rejected.
13
4.4 Bid and Award Phase
4.4.1 Prequalification - The CM shall prepare a subcontractor's prequalification plan in compliance with the
requirements currently determined by the City. The CM shall submit to the City the CM's list of pre approved
Subcontractors for each element of the Work to be subcontracted by the CM. This list shall be developed by
the execution by the CM of the subcontractor's prequalification plan noted above. The City reserves the right to
reject any subcontractor proposed for any bid to be considered by the CM. Any claims, objections or disputes
arising out of the prequalification plan or list are the responsibility of the CM. The CM shall hold harmless,
indemnify, and defend the City, its employees, agents, and representatives in any matter arising out of the
prequalification plan and /or the subcontractor's list, except where the sole cause of the matter is a City directed
decision.
4.4.2 Scope of Work - The CM shall receive subcontract proposals which, when combined with the work the CM
intends to do with its own forces, shall represent the entirety of the Scope of Work required of this Agreement.
4.4.3 Pre -Bid Conferences - The CM shall schedule and conduct pre -bid conferences for subcontractors and the
City to ensure the availability of such subcontractors, material suppliers, etc. for this pre -bid conference. The
CM shall be solely responsible for the content of the pre -bid conference.
4.4.4 Subcontract Bidding - The CM shall schedule, in coordination with the Architect/Engineer and the City, the
acceptance, review and award of the bids to qualified responsive and responsible Subcontractors. Said bids
from subcontractors shall be in writing and shall be opened and reviewed with the Architect/Engineer and the
City prior to award by the CM.
4.5 The Guaranteed Maximum Price
4.5.1 Calculation /Negotiation of the Guaranteed Maximum Price- After taking, reviewing and identifying the
lowest acceptable bids from responsive and responsible subcontractors, the CM shall propose to the City, a
Guaranteed Maximum Price, which shall be the sum of the proposed subcontracts and the CM's General
Conditions (including any fee, profit, overhead and all like amounts) and the agreed upon Contingency. The
Guaranteed Maximum Price shall be the full and complete amount for which the CM agrees to go forward from
the receipt of subcontract bids to the full completion of the Project.
4.5.2 Acceptance of GMP - Upon acceptance and execution of the GMP Proposal, by the City, the CM shall enter
into subcontract agreements with the subcontractors selected for the amounts included in the GMP Proposal
for that subcontract work, and shall function as a General Contractor and comply with the Contract Documents
accordingly with regard to the Project as well as a Construction Manager with regard to other services required
by the Contract Documents.
•
4.6 Time of Performance
4.6.1 Conformance with Approved Schedule- The CM shall perform all the duties required by this Agreement in
such a way and time as to conform to the most current Schedule "D" of the A/E Agreement.
4.6.2 Review and Acceptance of Schedule- In executing the Agreement, the CM acknowledges specifically that the
14
CM has reviewed the most current Schedule "D" of the A/E Agreement, has given any necessary input to the
City regarding any need to modify that schedule to accommodate the CM at Risk process, and shall not be
entitled to additional time or money in order to conform the CM services to that schedule.
4.6.3 Preparation and Delivery of the CM at Risk Schedule- Within fourteen (14) days of the effective date of this
Agreement the CM shall present to the City a schedule for the CM's duties, deliverables, and requirements
showing the start and completion of design phase activities to be performed by the CM. This schedule shall be
in conformance with the most current Schedule "D" of the A/E Agreement.
4.7 PAYMENT BREAKDOWN
PRE - CONSTRUCTION SERVICES
1. Design Review, Constructability & Value Engineering $10,200
2. Review of On -site & Off -site Conditions $3,300
3. Cost Estimating & Cost Controls $25,500
4. Scheduling $2,500
$32,500
5. Bidding (GMP Submittal & Negotiations)
$1,000
6. e- Builder License
$0
7. Contingency
$75,000
8. TOTAL PRE - CONSTRUCTION SERVICES FEE
•
4.7.1 Application for Payment Submittal- The CM shall submit monthly an application for payment for the
proportional amount of the Preconstruction Services Fee which shall be determined by dividing the
Preconstruction Services Fee by the number of months from the effective date of this Agreement until the
scheduled submittal of the GMP proposal by the CM. Delays to the schedule shall result in re- calculation of the
monthly application amount by dividing the amount of Preconstruction Services Fee remaining by the number of
. months currently remaining until the first submittal of GMP Proposal.
4.7.2 Time Extensions- In the event the performance of the CM is delayed by reasons outside the CM's control, the
CM shall request in writing an extension of time for the contract requirements of this Agreement. Said request
for extension shall include a proposed revised schedule, and documentation as to the cause of the delay. The
15
CM's sole remedy for delays which impact the time of performance of this Agreement shall be a time extension.
No damages for delay shall accrue to the benefit of the CM as a result of any delays to the performance of this
Agreement. Specifically, the CM agrees that the failure of the Architect/Engineer to maintain the design
schedule shall be non- compensable to the CM and CM's sole remedy shall be an extension of time.
4.7.3 Extra Services- Should the CM be requested or required by the City to provide services which the CM believes
are outside and /or in addition to the scope of this Agreement, the CM shall within five (5) days of being
requested to perform such services, notify the City in writing of the CM's opinion that they are extra services to
this Agreement, the reason the CM believes they are outside the scope of this Agreement, and the proposed
costs, and time impact, if any, for the performance of same. The City may direct the CM to proceed with such
services pending a final determination as to the compensation. In such case, the CM's right to consideration
shall not be waived by proceeding as directed.
4.8 City's Right to Require Documentation and Audit
The City may, as deemed necessary, require from the CM support and /or documentation for any submission.
Upon execution of the Agreement, the CM agrees that the City shall have unrestricted access during normal
working hours to all CM's records relating to this Project including hard copy as well as electronic records for a
period of three years after final completion.
ARTICLE V
GMP PROPOSAL AND ACCEPTANCE /REJECTION
5.1 Subcontract Bids
The CM shall open subcontract bids from the pre- approved list of potential subcontractors at a time and place
scheduled with the City's Project Coordinator and such other City Representatives in attendance.
a) The CM shall provide a summation and analysis of the apparent low subcontract bids including the identity
of any apparent low subcontract bidders which the CM does not wish to employ. Such identification and
proposal of non - utilization by the CM shall require specific written reason for same.
5.2 CM Fee, Profit, General Conditions, Contingency
The CM shall propose the amount to be included in the GMP for the Construction Manager's General
Conditions costs and the Contingency as defined herein.
5.3 The sum of the totals of the two above paragraphs shall comprise the proposed GMP for the Project and shall
form the basis of negotiations between the CM and the City.
a) The City shall have the option of accepting or rejecting the GMP as presented by the CM. Should the
GMP be accepted, the GMP Amendment reflecting that acceptance will be executed, and the Contract
Price increased by the GMP amount. Should the GMP not be accepted, the City may at its option:
i) Reject the GMP and direct the Architect/Engineer and CM to investigate; redesign, develop for
City approval value engineering possibilities, and other cost savings and to re- submit a new,
lesser, proposed GMP. This may at the City's option, include reduction in scope. All to be
done at no additional cost to be City.
16
ii) Reject the GMP, take possession of the plans and specifications, and bid the work to a
General Contractor or otherwise complete with other forces or take such action, if any, that the
City may determine is in its best interest. In this event, the CM shall not perform nor be
compensated for, any services on the Project beyond the agreed Construction Manager's Fee
herein. In the event any option under this subparagraph is chosen by the City, the CM is
obligated to immediately turnover to the City all plans, specifications and other project related
documentation.
iii) If and when accepted by the City, the GMP shall be formalized by the execution of the GMP
Amendment (Exhibit I).
iv) The City shall determine, after each negotiation session, unless agreement is reached, if
further negotiations are warranted. If not, the negotiations shall be declared not to be
successful and the City shall take possession and ownership of all documents produced for
the Design and Bid Phase, pay the CM any remaining undisputed Construction Manager's
Fee, and proceed under the requirements noted under this paragraph, and the City and CM
shall be mutually released from any further obligation each to the other.
v) The City shall have no obligation to accept the GMP Proposal of the CM regardless of that
Proposals' relationship to the Budget or the most current estimate or for any other reason.
ARTICLE VI
TERMINATION
6.1 Termination for Cause
The City may terminate this Agreement for cause in the event that the CM (1) violates any provisions of this
Agreement or performs same in bad faith; or (2) unreasonably delays the performance of the Services, and CM
fails to cure same within thirty (30) days following written notice to CM. In that event, such termination shall
become effective upon seven (7) days written notice to CM.
6.1.1 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 CM or otherwise. In such
event, the CM 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 CM
hereunder had the Agreement not been terminated
6.1.2 Payment only for Services satisfactorily performed by the CM and accepted by the City prior to receipt
of a Notice of Termination for Cause, shall be made in accordance with this Article 6 herein and the City shall
have no further liability for compensation, expenses or fees to the CM.
6.1.3 Upon receipt of a written Notice of Termination, the CM shall promptly assemble and submit to the City,
as provided herein or as required in the written notice, all documents, including drawings, calculations,
specifications, correspondence, and all other relevant materials affected by such termination.
17
6.1.4 In the event of a termination for cause, no payments to the CM 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.
6.2 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 CM, in writing, fourteen (14) days prior to termination.
6.2.1 In the event the City terminates the CM's services for its convenience, as provided herein, the CM 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 CM, except as set
forth in this Article 6.
6.3 Termination by CM
The CM 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 CM. In that event, CM 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 this Article 6.
6.3.1 The CM shall have no right to terminate this Agreement for convenience of the CM.
6.4 Implementation of Termination
In the event of termination, either for cause or for convenience, the CM, 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.
6.5 Non - solicitation
The CM warrants that it has not employed or retained any company or person, other than an employee working
solely for the CM, 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
18
liability to the CM for any reason whatsoever.
ARTICLE VII
INDEMNIFICATION
7.1 CM 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 CM, its agents, servants or employees in the performance of services under
this Agreement.
7.2 In the event that CM abandons this Agreement or causes it to be terminated by City, CM shall
indemnify, hold harmless and defend the City, its agents, servants and employees against any loss pertaining
to such termination.
7.3 CM hereby affirms that it shall be responsible for the acts, errors and omissions of its Subcontractors
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 CM's Subcontractors.
7.4 The provisions of this Section shall survive the expiration or earlier termination of this Agreement.
ARTICLE VIII
MISCELLANEOUS
8.1 Ownership of Documents
All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared or provided by CM in connection with this Agreement shall become the property of the City, and shall
be delivered by CM within ten (10) days after receipt of written notice. Any re -use of documents by City without
written verification or adaptation by CM for the specific purpose intended will be without liability to CM.
8.2 Records
CM shall keep such records and accounts and require any and all CM and Subcontractors to keep such
records and accounts as may be necessary in order to record complete and correct entries as to personnel
hours charged to the Project, and any expenses for which CM expects to be reimbursed. All books and records
relative to the Project 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 CM in accordance with such statutes.
8.3 Equal Opportunity Employment
8.3.1 CM agrees that it will not discriminate against any employee or applicant for employment for work
19
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. CM
agrees to furnish City with a copy of its Affirmative Action Policy.
8.4 Public Entity Crimes Act
In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is
a CM, who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with
the City for the construction or repair of a public building or public work, may not bid on leases of real property
to the City, may not be awarded or perform work as a CM, supplier, subcontractor, or subcontractor under a
contract with the City, and may not transact business with the City in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed
on the convicted vendor list. Violation of this Section by CM shall result in cancellation and may result in CM's
debarment.
8.5 No Contingent Fee
CM warrants that it has not employed or retained any company or person, other than a bona fide employee
working solely for CM, 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 CM 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.
8.6 Assignment
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CM,
under any circumstances, without the prior written consent of City.
8.7 Insurance
The CM shall comply throughout the term of this Agreement with the insurance requirements stipulated herein.
it is agreed by the parties that the CM shall not commence with work on the Project until satisfactory proof of
the following insurance coverage has been furnished to the City. The Consultant will maintain in effect the
following insurance coverage:
(a) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit Bodily Injury
and Property Damage coverage for each occurrence, which will include products, completed operations, and
contractual liability coverage. The City must be named as an additional insured on this policy.
20
(b) Worker's compensation and employer's liability coverage within the statutory limits of the State of
Florida.
(c) 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 non -owned vehicles. The City must
be named an additional insured in this policy.
8.7.1 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial
modifications in the insurance coverage, to the Project Coordinator.
8.7.2 CM 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 CM 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 CM to City, plus ten percent (10 %) of the
amount of premiums paid to compensate City for its administrative costs. If CM 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 %) per year until paid and such failure shall be deemed an event of default hereunder.
8.8 All Prior Agreements 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.
8.9 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:
21
FOR CITY OF MIAMI BEACH:
Jorge E. Chartrand
Director Capital Improvement Projects Office
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
FOR CONSTRUCTION MANAGER:
Vick S. Crespin, Vice President
KVC Constructors Inc.
9499 NE 2nd Avenue, Suite 205
Miami Shores, Florida, 33138
With Copy To:
Stephen H. Reisman
Pecker & Abramson
1 Southeast 3 Avenue, Suite 3050
Miami, Florida 33131
8.10 Interpretation
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.
8.11 Protection of Records
CM 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 CM's possession. Such duty may include, but is not limited to,
making back -up copies of all data stored by electronic device on any media, taking reasonable actions to
22
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 CM's trade or possession.
8.12 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 of this Agreement shall control and shall be given full
effect.
8.13 Observance of Laws
Throughout the term of this Agreement, the CM 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 to the foregoing of which it should be reasonably aware.. The CM
shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees.
8.14 Agreement 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.
8.15 City's Own Forces
The City reserves the right to perform construction and operations related to the Project with the City's own
forces, and to award contracts in connection with the Project which are not part of the CM's responsibilities
under this Agreement.
8.16 GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both
substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation
arising out of this Agreement shall be Miami -Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CM AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
8.17 Limitation of Liability
8.17.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's
liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so
that its liability for any such breach never exceeds the Fee paid to CM herein, less any sums paid by the City.
CM hereby expresses its willingness to enter into this Agreement with CM's recovery from the City for any
damage action for breach of contract to be limited to a maximum the Fee paid to CM herein, less any sums
23
paid by the City.
8.17.2 Accordingly, and notwithstanding any other term or condition of this Agreement, CM hereby agrees that
the City shall not be liable to CM for damages in an amount in excess the Fee paid to the CM herein, less any
sums paid by the City, for any action or claim for breach of contract arising out of the performance or non-
performance of any obligations imposed upon the City by this Agreement. Nothing contained in this
subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed
upon City's liability as set forth in Section 768.28, Florida Statutes.
(Remainder of this page left intentionally blank)
24
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written.
ATTEST: THE CITY OF MIAMI BEACH
Robert Parcher, City Clerk David Dermer, Mayor
ATTEST: KVC Constructors, Inc.
Florida Contractor License: CG- CO22994, QB- 0013609
By: By:
Katherine Crespin, Secretary Vick Crespin, Vice - President
Print Name Print Name
25
EXHIBIT
"EXHIBIT 1" TO CONSTRUCTION MANAGER AT RISK AGREEMENT
DRAFT GMP AMENDMENT
THIS GMP AMENDMENT, made and entered into as of this day of , ( "GMP Amendment ")
amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA (also, City) and Construction
Manager, KVC CONSTRUCTORS INC., (hereinafter Construction Manager or CM), made as of the day
of , for the following described Project:
Renovation of the Scott Rakow Youth Center: 2700 Sheridan Avenue, Miami Beach, Florida
WHEREAS, the Owner and the Construction Manager have agreed to amend the Agreement in the manner set
forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, in the
Agreement and the other Contract Documents and for such other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Owner and the Construction Manager do hereby agree as follows:
1. This GMP Amendment is executed in connection with, and is deemed to be part of the Agreement and the
Contract Documents. Wherever the terms of this GMP Amendment and the terms of the Contract Documents are in
conflict, the terms of this GMP Amendment shall govern and control. The terms used herein, unless otherwise defined
in this GMP Amendment, shall have the meanings ascribed to them in the Contract Documents.
2. The following are hereby incorporated into the Contract Documents and made part thereof:
a. The drawings listed on Attachment I, attached hereto, which drawings are made a part of the
Contract Documents by this reference (the "Drawings "); and
b. The specifications listed on Attachment II, attached hereto, which specifications are made a
part of the Contract Documents by this reference (the "Specifications "); and
c. Those documents listed on Attachment III, Additional Contract Documents, attached hereto,
are made a part of the Contract Documents by this reference.
d. Those documents listed on Attachment IV, Construction Manager's Wage Schedule,
attached hereto, are made a part of the Contract Documents by this reference.
e. The Scope of the Work for the Project, is hereby incorporated into the Work.
f. , The date of Commencement for the construction of Project shall be
(the "Date of Commencement ").
g. The Construction Manager shall achieve Substantial Completion of the Work for this Project
no later than days from the Date of Commencement (the "Contract Time ", and final
26
completion not later than days from the date of Substantial Completion. Failure to meet
either the Substantial Completion or Final Completion dates shall be a material breach of this
Agreement.
h. The City and the Construction Manager acknowledge and agree that the City will suffer
damages if the Construction Manager fails to achieve Substantial Completion of the Work for
this Project, on or before the expiration of the Contract Time, which damages are difficult, if
not impossible, to ascertain with any degree of certainty. Accordingly, if the Construction
Manager fails to achieve Substantial Completion of the Work for this Project on or before the
expiration of the Contract Time, liquidated damages (which are not intended as penalty) shall
be assessed against the Construction Manager in an amount to be calculated in accordance
with the Contract Documents, using the GMP agreed for this Work in this Exhibit as the basis
for calculation. This will occur by virtue of the Construction Manager's failure to achieve
Substantial Completion of the Project within the Contract Time.
The Guaranteed Maximum Price for the Project, is hereby guaranteed by the Construction
Manager not to exceed the sum of (the "Project GMP "), based upon the
entire Scope of the Work as described in the Contract Documents, including, but not limited
to, the Drawings and the Specifications, subject only to additions and deductions by Contract
Amendment(s) or Construction Change Directive, as provided in the Contract Documents.
The GMP is more particularly itemized in the Schedule of Values prepared in accordance with
the terms of the Agreement, which Schedule of Values is attached hereto and made a part of
the Contract Documents by this reference. Included in the Schedule of Values and specifically
identified herein, the Contingency included in the Guaranteed Maximum Price is the amount of
j. The Construction Manager shall provide Commercial General Liability Insurance, Automobile
Liability Insurance, Worker's Compensation Insurance, and Builder's Risk Insurance, in
compliance with the provisions of Article II, Insurance and Bonds of the General Conditions of
the Contract for Construction.
k. The Construction Manager shall provide the Public Construction Payment Bond and the Public
Construction Performance and Guarantee Bond, in compliance with the provisions of Article II,
Insurance and Bonds of the General Conditions of the Contract for Construction.
By executing this GMP Amendment, the Construction Manager acknowledges that it has
ascertained all correct locations for points of connection for all utilities, if any, required for this
Project: and has identified all clarifications and qualifications for this Project, if any. .
m. The Construction Manager's on site management and supervisory personnel for this Project
shall be set forth herein, and incorporated as an exhibit to this Agreement.
n. To the extent that the Owner has authorized the Construction Manager, in writing, to perform
27
the Work for this Project with the Construction Manager's own forces, the salary and wage
schedule for the Construction Manager's personnel performing such portion of the Work,
agreed upon by the City and the Construction Manager, shall be as set forth on Attachment
IV, attached hereto, and is made a part of the Contract Documents by this reference. The
Construction Manager warrants and represents that the salary and wage schedule includes
the lowest comparable market rates (including any and all benefits, contributions and
insurance) charged by the Construction Manager for comparable contracts to other business
and individuals for similar services, and that such rates are not higher than the standard paid
for this Project.
o. The Construction schedule for this Project is set forth on Attachment V, attached hereto, are
made a part hereof by this reference.
p. Except as expressly provided herein above all of the terms, conditions, covenants,
agreements and understandings contained in the Contract Documents shall remain
unchanged and in full force and effect, and the same hereby expressly ratified and confirmed
by the Owner and Construction Manager.
q. This Amendment may be executed in several counterparts, each of which shall be deemed an
original but all of which shall constitute one and the same instrument.
28
IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date first written above.
FOR CITY: CITY OF MIAMI BEACH
ATTEST:
By: By:
City Clerk Mayor
FOR CONSTRUCTION KVC Constructors, Inc
MANAGER AT -RISK: Florida Contractor License: CG- CO22994,QB- 0013609
ATTEST:
By: By:
Katherine Crepin, Secretary Vick Crespin, Vice - President
Print Name Print Name
29
ATTACHMENT I CONTRACT DOCUMENTS:
THE DRAWINGS
ATTACHMENT II CONTRACT DOCUMENTS:
THE SPECIFICATIONS
ATTACHMENT III CONTRACT DOCUMENTS:
GENERAL AND SUPPLEMENTARY CONDITIONS
ATTACHMENT IV CONTRACT DOCUMENTS:
CONSTRUCTION MANAGER'S WAGE SCHEDULE
ATTACHMENT V CONTRACT DOCUMENTS:
CONSTRUCTION SCHEDULE
30
EXHIBIT II
SCHEDULE
31
•
EXHIBIT III
DECLARATION
II
32
EXHIBIT IV
Sworn Statement Section 287.133(3) (a) FS on Public Entity Crimes
33
EXHIBIT V
QUESTIONNAIRE
34
EXHIBIT VI
INSURANCE CHECKLIST
35
EXHIBIT VII
A/E AGREEMENT
36
EXHIBIT VIII
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
37
EXHIBIT IX
BEST VALUE AMENDMENT
The Construction Manager agrees to abide by all the required documentation of the City's Performance
Information Procurement System and submit the weekly reports.
38
EXHIBIT X
PROPOSAL DOCUMENTS
F: \CAPI \$all \GRACE \General Project Info \Scott Rakow Phase II -BB -KVC \KVC Contract \KVC -Pre Construction Services Agreement SRYC PH2.c
39
SCHEDULE G
INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS
Property Management Facility 37
Schedule A
02/10/2011
Client#: 5761 WOLFALV3
ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY)
2/10/2011
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ISU Suncoast Insurance Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33622 -2668
813 289 -5200 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: Travelers Property Cas Co of Am 25674
Wolfberg- Alvarez & Partners, Inc. INSURER B: Travelers Indemnity Company 25658
1500 San Remo Ave., Suite 300 INSURER C: Travelers Casualty and Surety C 19038
Coral Gables, FL 33146 INSURER D: Catlin Specialty Insurance Co 15989
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD/YY) DATE (MM /DD/YY) LIMITS
A GENERAL LIABILITY 6608216L314 10/26/10 10/26/11 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY PRFMISFSO (Fa RN ED occurrence) $1,000,000
CLAIMS MADE rid I OCCUR MED EXP (Any one person) $5,000 _
PERSONAL & ADV INJURY $1, 000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000
7 POLICY n JECT n LOC
A AUTOMOBILE LIABILITY BA5277L234 10/26/10 10/26/11 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON -OWNED AUTOS (Per accident)
—
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT _ $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B EXCESS /UMBRELLA LIABILITY CUP7310Y773 10/26/10 10/26/11 EACH OCCURRENCE $5,000,000
T1 OCCUR n CLAIMS MADE AGGREGATE $5,000,000
DEDUCTIBLE $
X RETENTION $ 10,000 $
C WORKERS COMPENSATION AND UB7310Y411 10/27/10 10/27/11 X TORY I OR STIMITR FR ATU- OTH-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000
D OTHER Professional AED999090311 03/29/10 03/29/11 $1,000,000 per claim
Liability $3,000,000 annl aggr.
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Professional Liability coverage is written on a claims -made and reported basis.
Project: New Maintenance Facility for the City of Miami Beach (Flamingo Park).
CERTIFICATE HOLDER CANCELLATION 10 Days for Non - Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Capital Improvement Projects Office DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3n DAYS WRITTEN
Attn: Thais Vieira, R.A. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
1700 Conventions Center Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Miami, FL 33139 REPRESENTATIVES.
AU ORIZED REPRESENTATIVE
A VG�7 -� Q[�
ACORD 25 (2001/08) 1 of 2 #S300059/M281211 LWA 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 -S (2001/08) 2 of 2 #S300059/M281211
(,
n
rTh
SWORN STATEMENT UNDER SECTION
287.133(3)(a), FLORIDA STATUTES, ON PUBLIC
ENTITY CRIMES
( THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to City of Miami Beach
[print name of public entity]
(\ by Julio E. Alvarez, PE
[print individual's name and title]
for Wolfberq Alvarez & Partners
[print name of entity submitting sworn statement]
whose business address is 1500 San Remo Ave., Coral Gables, FL 33146
and if applicable) its Federal Employer Identification Number FEIN is 59 -1713 092 If the
( pp )� (FEIN) (
�) entity has no FEIN, include the Social Security Number of the individual signing this sworn
( statement:
C) >
1. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
y means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any business with any public entity or with an agency or political
subdivision of any other state or of the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
C\ 2. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
0 Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a
J plea of guilty or nolo contendere.
J 3. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes means:
1) A predecessor or successor of a person convicted of a public entity crime; or
2) An entity under the control of any natural person who is active in the management of the
( entity and who has been convicted of a public entity crime. The term "affiliate" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who
are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement, shall be a
prima facie case that one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a public entity crime in Florida
�- during the preceding 36 months shall be considered an affiliate.
January 4, 2010
City of Miami each RFQ 10-09-10
24 of 32 32
O
1 5) I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means
n any natural person or entity organized under the laws of any state or of the United States with
the legal power to enter into a binding contract and which bids or applies to bid on contracts for
the provision of goods or services let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are
active in management of an entity.
n 6) Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. [indicate which statement applies.]
X Neither the entity submitting this sworn statement, nor any officers, directors,
0 executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
C) executives, partners, shareholders, employees, members or agents who are active in
management of the entity, or an affiliate of the entity has been charged with and
(! convicted of a public entity crime subsequent to July 1, 1989.
( The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, or an affiliate of the entity has been charged with and
C convicted of a public entity crime subsequent to July 1, 1989. However, there has
been a subsequent proceeding before a Hearing Officer of the State of Florida,
(� Division of Administrative Hearings and the Final Order entered by the hearing Officer
determined that it was not in the public interest to place the entity submitting this
C sworn statement on the convicted vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT
C) PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. 1 ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTR • CT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 28 .■ O`' DA STATUTES FOR
CATEGORY TWO OF ANY CHANGE IN THE INFORM • IO CONY ED THIS FO.RM
to 011.4
L)
[sig ature]
y Februa
Sworn to and subscribed before me this 4th day of
200
Personally known X
-' OR Produced identification Notary Public - State of Florida
My commission expires
(Type of Identification) ODALIS VIDAL
Comm# DD0813114
Expires 8/10/2012
, Fbrida Notary Assn., Inc
(Printed typed or stamped iaried,t maF+iotary Public)
(•
January 4, 2010 RFQ 10 -09 -10
City of Miami Beach
25 of 32
L.i
SCHEDULE H
BEST VALUE AMENDMENT
The Consultant agrees to abide by all the required documentation of the City's Performance Information
Procurement System and submit the weekly reports.
Property Management Facility 38
Schedule A
02/10/2011
page 33
Methodology and Approach
The WA team recognizes that the key component for a successful project is a group of professionals that
are passionate about the City of Miami Beach, and understands that the City is essentially a product of its
people and therefore is forever changing, dynamic and complex. We recognize that the proposed project
for the Property Management Facility is predominantly a utilitarian project, nestled in between other similar
uses, near by residential and commercial building. It is situated in what arguably is the most diversed
neighborhood in the city. The proposed improvements will be guided by a comprehensive approach to
understanding the needs of the user, by schedule and cost parameters and with the involvement and
participation of those actively involved in this area. The WA team understands that design concepts will be
presented to neighborhood residents and user groups at one or more Community Design Workshops
(CDW), and based on the results of the workshops a final design will be developed.
WA will perform all required tasks for the preparation of the Construction Documents. WA will attend and
participate in design review meetings to present and discuss the design process and concepts at different
stages during the design and will work with City staff to adjust and revise project scope as deemed
necessary to meet established budgets.
Our In -house Quality Assurance / Quality Control Team will be responsible for ongoing review of basic
concepts and design criteria issues, general documentation, detail applicability and overall coordination.
Through these independent reviews, the Team will ensure delivery of work based on sound design,
engineering and constructability practices, as well as conformance and integration with programmatic
standards and procedures established for the project.
Structural Design Approach
Martinez Engineering Group, Inc. (MGE) will assist the Design team in attaining the Owner's objectives as
related to site requirements, flexibility, expandability and accommodation of special equipment on this
project.
During the Schematic and Design Development Phase, MEG will provide recommendations regarding
basic structural materials and systems and will perform analysis and development of conceptual design
solutions. During these phases the structural design criteria, including loading and foundation
requirements, which is of particular importance in Miami Beach, will be analyzed. In addition, the basic
structural system, preliminary evaluation of major structural components, critical coordination clearances
and outline specifications will be developed at this time.
During the Construction Document Phase, MEG will prepare the full Construction Document Package for
our scope of work including structural drawings, specifications and calculations. MEG will also attend the
design coordination and review meetings as required. As part of the Construction Document Package,
MEG will provide a Structural Inspection and Materials Testing Plan to be used by the Owner's Field
Observation Team and Testing Laboratory for the purpose of ensuring that the design intent is carried
through during the construction of the project.
During the Bidding /Negotiation Phase, MEG will attend Pre - Bidding Conferences and will provide timely
responses to Bidders' questions.
w 1 - - - Wolfberg Alvarez & Partners
City of Miami Beach, RFQ #10 -09 -10
' __ __ February 4, 2010
page 34
During the Construction Administration Phase, MEG will review and process submittals (structural shop
drawings, product data, etc.) and will respond to Contractor's "Requests for Information" in a timely
manner.
In addition to reviewing the reports prepared by the Owner's Field Observation Team and by the Testing
Lab, MEG will perform required field observations at appropriate intervals to become generally familiar
with the progress and quality of the work. MEG will prepare reports and recommendations based on those
field visits.
Landscape Architecture Approach
O'Leary Richards Design Associates approach to this project is to create a sustainable landscape that is
designed to use as few resources and produce as many benefits as possible. An appropriate design
includes functional, cost efficient, visually pleasing, environmentally friendly and maintainable areas. An
attractive environment that is in balance with the local climate and requires minimal resource input such
as fertilization, pesticides and water will be created. To achieve this, a xerophytic planting design that
incorporates native and indigenous plant material will be used that requires low water consumption and
low maintenance.
WA will work closely with O'Leary to use the landscaping to visually buffer the less desirable components
of this facility, such as the outdoor yard storage and oversized vehicular parking as well as to control
noise pollution from these outdoor activities.
Both of these consultants are presently working with WA on completing the Tennis Center at Flamingo
Park and together, we enjoy an excellent relationship with the city.
Suspect Areas
Item 1 Hazardous Materials Analysis (Phase I)
Impact 3% to 5% of construction costs
Schedule 30 to 90 days
Solution The project entails the demolition of an aging building and other site improvements. WA
will request the immediate testing and analysis of this structure for hazardous materials,
including the potential use of lead in the paint. The Phase I analysis is required by DERM j
for issuance of a demolition project. The findings would also be reflected in the cost
estimate to accurately reflect project costs.
Item 2 Flooding
Impact 5% to 10%
Schedule N/A
Solution The general area were the facility is proposed for is known to occasionally flood. To
mitigate this problem, we will establish the finish floor elevation of the building and
parking /yard area as high as possible. Additionally, a deep storm water well system will
be designed to quickly dispose of the rain water. w Wolfberg Alvarez & Partners
City of Miami Beach, RFQ #10 -09 -10
February 4, 2010
page 35
Item 3 Citizen Participation
Impact N/A
Schedule TBD
Solution The Property Management site is nestled in between a very diverse zoning and
occupancy type ranging from other institutional functions such as car repair shops, to
commercial and restaurant uses to residential, including high density developments to the
west and north. The patrons of the residential developments in particular, in the past,
have been very active and involved and we would anticipate they would also be very
vocal with their opinions.
To that end, we have found that open dialogue and their early participation at meting and
at charrettes is the most effective method of obtaining their trust and concurrence. As we
have successfully done in the past, we would encourage such an approach on this
project.
Item 4 Harmonized Design
Impact N/A
Schedule N/A
Solution The Master Planning and overall design of the facility should be rendered in a manner
which reduces the impact of the activities performed therein to the surrounding neighbors.
This can be achieved in a number of ways. For example, the building itself can be
strategically placed to visually conceal the activities of the yard and oversized vehicle
parking. Landscaping can also be designed to achieve similar results on other exposures.
To visually screen views from the residential high -rise condominiums located to the west,
parapet walls can be designed to block the line of sight to the undesirable storage yard
areas.
The primary building fagade, front fence and gate can be architecturally designed to be
pleasing and aesthetically appealing to the neighbors.
Risk Assessment
Project Objectives
WA personnel are intimately familiar with the existing operations of the Property Management Facility. As
the firm retained by the City to master plan the improvements to Flamingo Park, under that scope of work,
WA obtained its initial understanding of the needs of this facility and how it operates. It was abundantly
clear that the operations performed therein were not compatible with the recreational activities of the park.
Moreover, the City had a long term plan to eventually relocate the facility to a more appropriate location.
In preparation for this submittal, WA personnel again visited the existing compound and took note of the
functions and activities performed therein and the critical need to update and modernize the facility. The
new project will in essence encompass four (4) distinct, but related functions that are dependant on each
other.
I 1. Office type space in enclosed offices for supervisors and employee lockers and restrooms. This
W Wolfber Alvarez & Partners
1 1 City of Miami Beach, RFQ #10 -09 -10
'_. ___' February 4, 2010
I
page 36
space must be able to accommodate 35 to 50 people in a concentrated time period (arrival/check-
-,
,
in, departure and staff meetings).
2. Shop areas capable of performing diverse functions such as for wood work, painting, electrical and
other common maintenance performed by City personnel for City owned property.
3. Material storage in both enclosed spaces and in exterior, yard areas. These storage areas shall be
designed in a manner that facilities easy access by the users, segregated by type and secured.
4. Adequate parking for oversized City vehicles. The site plan should be designed in a manner that
eases internal traffic circulation, reduces the need to back -up and have adequate tuming radius.
Employee parking and City automobiles will be parked across the street in a new parking garage to
be developed by a private developer.
It is also important to separate foot traffic from the "yard area" as much as possible with access granted to
only those who have a need to.
Project Site
With regard to the proposed site, to maximize the efficiency of the new facility, we are proposing that the
existing building be demolished. The building is dated, is mostly a "shell" space and can't be readily
modified to accommodate the new functions. The remainder of the site is used predominantly for parking
and will require demolition of asphalt pavement and other minor improvements. We do not expect any
issues with the redevelopment of the site.
However, in order to harmonize the design of this facility with the proposed parking garage across the
street, it is important to coordinate pedestrian access and vehicular ingress and egress. In as much as
City employees will use the garage for personal and City vehicles, it is important that foot traffic between
the two buildings be closely coordinated to reduce travel distances and increase security and safety. For
example, small plazas could be located in axis to each other at each building, which in turn lead to interior
circulation points of their corresponding building. These plazas will increase pedestrian visibility, clearly
identify access points, create a rest area for employees and provide design continuity between the two
buildings.
Similarly, to reduce potential vehicular conflicts on Bay Road, the access points for the garage and the
Property Management Facility should be coordinated. By their nature, both of these facilities will generate
significant vehicular traffic, with the management property exacerbating the issue with the deployment of
oversized vehicles, with numbers concentrated in the morning and afternoons. These large vehicles
require more space to operate and are slower to navigate into position. Strategically locating the access
point for each project will result in better traffic flows and reduce the potential for pedestrian and vehicular
accidents.
Permitting and Regulatory Requirements
In addition to the standard Building and Zoning permits which will be issued by the City, the project will be
subjected to reviews and approvals by the Health Department, DERM, City of Miami Beach Fire, Water
and Public Works departments. The demolition of the existing building will also require a Phase I Hazard
Materials Analysis and submission to DERM at Miami -Dade County, prior to any demolition activities.
w Wolfberg Alvarez & Partners
City of Miami Beach, RFQ #10 -09 -10
February 4, 2010
pag 37
WA is completely familiar with the permitting process which is further facilitated by our in -house
engineering of the civil, mechanical, plumbing and electrical disciplines. This results in closely coordinated
teamwork and timely response to comments generated by reviewing agencies, and therefore, quicker
issuance of permits.
Our team is also knowledgeable of and has relevant, current experience with the submission and
approvals process associated with the Design Review Board and with presentations to the City Wide
Finance Committee and the City Commission. We also have experience with the Historical Preservation
Board, however, the project is not located in an historic district nor is the existing building registered.
r'
i
w -.. _ Wolfberg Alvarez & Partners
i City of Miami Beach, RFQ #10 -09 -10
_— � February4, 2010
SCHEDULE I
PRELIMINARY PROJECT PROGRAM
1
Property Management Facility 39
Schedule A
02/10/2011
THE CITY OF MIAMI BEACH
PROPERTY MANAGEMENT DIVISION
1245 MICHIGAN AVENUE
MIAMI BEACH, FLORIDA 33139
(305) 673 -7630 fax (305) 673 -7963 mai
•
To: Fred Beckmann October 7, 2005
Public Works Director
From: Brad A. Judd RPA, FMA, CGC
Director, Property Management
Subject: Property Management Facility and Yard
The following are operational issues of the work performed by Property Management that should
be incorporated into any planed location of the facility:
1) Deliveries: Property Management receives multiple deliveries each day for materials and
supplies used by the Department. These deliveries are made by large trucks including 18
wheel tractor trailers in both open flatbed and boxed container types. These trucks are
unloaded in most cases by our forklift. These large trucks need space to maneuver and
enough room to maneuver a forklift around the truck to unload. Currently this is
accomplished with the use of the city vehicle (ground floor) parking lot that is empty
when the employees are out in the field.
2) Yard Construction Space: An area of open space needs to be incorporated into any plan
to allow for operational issues involved in the construction and repair of Lifeguard
Stands. All lifeguard stands are built by Property Management and room is required to
assemble and construct these units. During the construction process a crane is required to
place the components such as roof, cab, and base stand together and to place these
components on trucks to deliver to the beach. This area is also used for the assembly of
bus benches, and for exterior painting needs.
3) Yard Storage and Hazardous Materials Storage: Yard storage is needed for large lumber
and timbers used on the City's boardwalks. It is also needed to store coral rock and sand
for concrete and mortar for repairs to the coral rock walls, concrete, and plaster work
throughout the Beach. A separate facility or small building is also needed to store gas,
and gas fired equipment such as portable generators, saws and other equipment used in
the daily operation.
4) Shop Requirements: The shops for the multiple divisions need to be on the ground level
with adequate room to provide bench repairs for the trades. An example is A/C where
wall units and ice making equipment is brought to the shop for repairs. This allows ready
access to warehouse parts and supplies to avoid the employees from having to carry
everything that could possibly be needed in their vehicles. The same applies for plumbing
electrical for pumps, motors and any other "bench" repair needs. The carpenter shops
need to be of a sufficient size to allow safety and clearances of the multiple fixed large
power tools and equipment and assembly tables used for repairs daily.
5) Parking: In addition to the many City vehicles, we have concrete mixers, pressure
cleaning equipment, a "gator" vehicle that is used on Lincoln Road, a bobcat /front end
loader, forklift, and a golf cart used for the security staff of Flamingo Park. This does not
include the employee's vehicles. Adequate secure parking is needed for all including
employee vehicles. Also ADA parking and path of travel will be required as in any
construction project.
6) Warehousing: The centralized warehousing requires size and ground floor location to
allow a forklift to unload from trucks and drive into the warehouse space to place
materials in racks or bin locations for proper inventory control. This need is, and has
been historically mentioned in the annual Internal Audit reports as a requirement.
7) Multi-story concerns: In addition to the costs and the ADA requirements of an elevator
and two other means of egress if multi -story construction is contemplated, I would be
concerned of how a proper soundproofing of Office space could be accomplished over a
carpenter shop with the many power tools used in the daily tasks. Also the fire code
requirements of a 4 hour rated assembly to separate the different types of occupancies
would add additional costs to the construction and additional size requirements to locate
these elements.
Conclusion:
My concerns for the proper operation of Property Management are operational rather than
location.
Below are the basic programming needs that we provided to CIP over three years ago, for what I
believe are the proper operational needs of Property Management.
If you have any questions, please do not hesitate to call.
BAJ
CIAO Fi1esIPROPERTYIProperty Management Yard and Facility.doc
Programming Requirements
for the Property Management Yard and Facility
The following information is the minimum requirements necessary to have an adequate size
facility to encompass the current staff, vehicles, equipment, warehousing, and yard requirements:
Property Requirements: 46,500 sq. ft. (Estimated)
Building Requirements:
Administration:
Offices: 6 (1 @ 250 sq. ft., 5 @ 150 sq. Ft.)
Work Stations: 7 (6 ft. X 8 ft.)
Conference Room 1 (200 sq. ft..)
Plans Storage Room 1 (150 s . ft.
g ( q )
Restrooms 2 (2 @ 100 sq. ft.) (Two stalls Ladies, one stall, one urinal
mens)
Kitchen: 1 (180 sq, ft.)
I.T. Server Room: 1 (100 sq. Ft.)
Copy /Fax area 1 (150 sq. Ft.)
Total with Circulation: 2,895 sq. ft.
Shops:
Carpenter: 2500 sq. ft.(Incl. 1 supervisors office of 150 sq. ft.)
Electrical: 1080 sq. ft.(Incl. 1 supervisors office of 150 sq. ft.)
HVAC: 750 sq. ft.(Incl. 1 supervisors office of 150 sq. ft.)
Plumbing: 750 sq. ft.(Incl. 1 supervisors office of 150 sq. ft.)
Paint: 750 sq. ft.(Incl. 1 supervisors office of 150 sq. ft.)
Pressure Cleaning: 750 sq. ft.(Incl. 1 supervisors office of 150 sq. ft.)
Total: 6580 sq. ft.
Locker Rooms / Restrooms: 1000 sq. ft. (750 sq. ft. male / 250 sq. ft. female)
Total: 1000 sq. ft
Warehouse: 2,500 sq. ft. (Incl. 1 office for 2 storekeepers)
Total: 2,500 sq. ft.
Hazardous Materials Bldg.: 500 sq. ft.
Total: 500 sq. ft.
Total Building Space Req'd.: 13,475 so. ft.
Outside Storage Area: 5000 sq. ft.
Construction Area: 1500 sq. ft.
Loading Area: 4000 sq. ft.
Total: 11, 500 sq. ft.
Number of Employees:
Office Administration: 12
Maintenance Staff: 61
Total: 73
Number of Vehicles / Equipment:
City Vehicles: 48 (10'x 20' parking space required)
Personnel Vehicles: 70 (9'x 18' parking space required)
A.D.A/Guest Parking: 5 (1 @ 17'x 18', 4 @ 9'x 18' required)
Total: 120
Design Notes:
1. All offices and restrooms in Warehouse and Shop area shall be air conditioned.
2. Warehouse shall be equipped with industrial grade adjustable storage racks capable of holding
standard pallets and accessible by forklift.
3. Carpenter shop shall be equipped with the following electrical equipment:
industrial table saw industrial router powered vacuum / dust collector drill
press
industrial band saw industrial welder industrial air compressor hydraulic
press
industrial lathe industrial wood planer ice machine (in Warehouse)
4. Total Design Electrical Load for Shops / Warehouse Building shall be 400 amps.
5. Total Design Electrical Load for Administration Offices shall be 150 amps.
6. Shop / Warehouse Building shall have a minimum ceiling height of 16 feet.
7. All Shops shall be equipped with one 8' x 12' steel automatic roll -up door and two 3'0 "x 6'8"
doors.
• 8. Warehouse shall be equipped with one 20' x 12' steel automatic roll -up door.
9. Locker rooms shall be equipped with standard steel clothes lockers (60 men / 10 female)
10. Shop, Warehouse, and Hazardous Materials Building shall be fire sprinkler equipped.
11. All offices / workstations shall be wired with telephone and computer terminals.
12. All buildings will be equipped with a Fire Alarm and Intruder Alarm System.
13. Entrance to facility shall be thru an electric powered remote control gate.
14. Facility shall be equipped with a minimum 50 kw diesel powered emergency generator
supplying power to an emergency circuit in each shop, warehouse and office area.
As with any first round programming, this is provided as a guideline of basic size and space
requirements only. It does not represent any of the operational requirements of the Department.
As we develop the specific programming for individual shop needs and the work flow process
and work relationships of the office areas,
If you have any questions, please do not hesitate to call me at x7630.
CITY OF MIAMI BEACH
Capital Improvement Projects Office
Interoffice Memorandum
To: Jorge Gonzalez, City Manager Date: April 16, 2003
Via: Robert C. Middaugh, Assistant City Manger
From: Tim Hemstreet, CIP Director
1/141/..
Subject: Potential Alternate Property Management Yard Location r�
I
The CIP Office was asked to investigate the possibility of moving the Property
Management Yard from its current Flamingo Park location to a site at 1833 Bay Road that
includes two parcels owned by the City and a third currently leased by the City but
available for purchase. Parks and Facilities Program Manager URS was requested to
evaluate this alternate location within the context of the G.O. Bond - funded project to
renovate or replace the existing facility.
URS and CIP staff studied the alternate location and reached the following conclusions:
(1) While neither the current nor proposed location can provide all of the space that
the Property Management Division would ideally like to have, a redesigned layout
at the Flamingo Park location can meet the minimum facility requirements. These
needs could potentially also be met at the Bay Road site, but the cost of doing so
would be prohibitive because of the need for far more expensive vertical
construction given the much smaller available footprint.
(2) The relocation of the facility to the Bay Road site would be contingent upon the
City's purchase of the third parcel at the site which could take up to six months or
more to finalize. During this period, the CIP Office would recommend placing the
Flamingo Park/Property Management Yard project planning and design effort on
hold to allow for the chance that some unknown factor might preclude the
completion of the purchase and thereby require that the facility remain in Flamingo
Park.
(3) There is no project funding for land acquisition; this funding would need to come
from an entirely separate source.
Given these findings, URS' recommendation (attached) is that the Property Management
facility remains in Flamingo Park. The CIP Office concurs with this conclusion. Please
contact me if you have any questions regarding this matter.
TH /DPS
Attachment
C: Fred Beckmann, Director, Public Works Department
F : \CAPI\$aIi\Donald \CIP\Parks and FaciIG9es \Property Management YardtURSreportmgr,doc
Construction Services '_ i ,v, C
Date: April 9, 2003
To: Donald Shockey
rt.tl
CIP Office'
ups, .vtiT
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Subject: Property Management Opinion of Cost and Site Alternatives
Donald,
Attached are a series of spreadsheets prepared by URS' engineering office. The first
several pages summarize the requirements identified in the Program provided by Property
Management. The last page identifies our budget level estimate of cost for hard
construction and assumed demolition of the existing building on the Bay Road site.
The current Property Management site within Flamingo Park encompasses approximately
40,000 square feet of land, and houses some Property Management's existing operations.
The requested programmatic requirements are delineated in the first attached spreadsheet.
In summary, approximately 70,000 square feet of total area, both indoor and out, are
requested. This breaks down to approximately 37,000 square feet of outdoor parking
needs, 15,000 square feet for outdoor storage areas, fueling station, etc., and 18,000 square
feet of building needs. Total outdoor space needs are 52,000 square feet.
Evaluation of the Flamingo Park Property Management site indicates that the present
operation occupies approximately 40,000 square feet of land. As outlined above, the
programmatic requirements total approximately 70,000 square feet; 18,000 square feet of
building space, 37,000 square feet for parking related needs, and 15,000 square feet for
outdoor storage needs. The resulting area shortage is approximately 30,000 square feet as
opposed to the 52,000 square foot shortfall on the Bay Road site. Obviously, the current
facilities are not meeting the programmed requirements in terms of area and URS
understands that it is unlikely that the planning process will support any substantial
increase in the use of Park property for Property Management purposes. With an efficient
site plan layout, an area of approximately 40,000 square feet should accommodate the
building requirements of 18,000 square feet, outdoor storage, fueling etc of 15,000 square
feet and parking for approximately 15 -20 vehicles within the remaining 7,000 square feet
including circulation. This would leave approximately 30,000 square feet of parking
related needs unmet.
The total potential site footprint on Bay Road is approximately 24,000 square feet.. In
addition, the program calls for approximately 18,000 square feet of building when
URS Construction Services
Eastern Financial Building
Suite 1000
700 South Royal Poinciana Blvd.
Miami Springs, Florida 33166
Tel: 305- 884 -8900
Fax: 305 -884 -2665
circulation space is considered. Outdoor and indoor space requirements total
approximately 70,000 square feet, or nearly 3 times the available site footprint.
If we consider construction a 15,000 square foot building footprint with a 3,000 square
foot second story, the remaining site footprint of 9,000 square feet of site would require at
least 6 levels to accommodate the 52,000 square feet of outdoor space identified in the
program.
complicating the issue is the fact that the City does not own approximately Further
P Y 1/3 of
Y P
the potential site. URS understands that acquisition of this parcel is a possibility, but could
consume 6 months or more to complete. There is a significant risk that the overall project
would be delayed while site acquisition is negotiated and closed. In addition, no funding is
available within the project budget for land acquisition.
The budget estimate provided assumes that all construction is one story, as only
approximately 3,000 square feet of administration space is .a good candidate for second
story occupancy, with the exception of possibly employee parking. The budget level
estimate, without factoring in possible multi -story parking is approximately $1.9 million.
Considering that the budget level cost estimate consumes the entire construction allocation
without allowing for a multi -story parking facility, and the fact the program requirements
greatly exceed the available site footprint, it is URS' opinion that the Bay Road site is not
a viable candidate for this project, unless the programmatic requirements are significantly
reduced.
This overview analysis indicates that the Flamingo Park site can meet approximately 60%
of the space requirements in the program while the Bay Road site can only accommodate
approximately 35% of the desired space. While neither scenario is ideal in terms of area,
the Flamingo Park site option can address all needs except for parking and the Bay Road
site cannot meet the needs for parking or much of the site storage request. It is URS'
opinion that the Flamingo Park site is preferable to the Bay Road site in terms of project
timeline and ability to meet the space requirements of the Property Management Facility
program.
Feel free to contact me should you have any questions.
Sincerely,
Todd Osborn
Program Director
Cc: Richard Staudinger, Tim Hemstreet
J
CITY OF MIAMI BEACH
SUMMARY
PROPOSED PROPERTY MANAGEMENT FACILITY
1 OFFICE SPACE WORKSHEET SQUARE SQUARE OUTDOOR
2 OFFICE LOCATION: EXIST. FEET FUTURE FEET AREAS
3 Department or User STAFF REQUIRED STAFF REQUESTED REQUIRED
4 By Building Location
5 BLDG DEPARTMENT OR USER # FTE ; a # (FTE) Nw
6 1 ADMINISTRATION 10 2,925 0 -
7 2 SHOPS - various 71 8,359 0 -
8 2 SHOPS - SUPPORT SITE AREA 0 0 14,950
s 3 WAREHOUSE 0 6,838 0 -
11
12 PARKING LOTS 0 0 37,700
13 TOTAL BUILDING SPACE AREA (ADD REQD or REQSTD) 18,122 -
14
15 TOTAL USABLE SQUARE FT. REQUIRED: 18,122 I
16 TOTAL USABLE SQUARE FT. REQUESTED: I -
17 TOTAL USABLE SQUARE FT. COMBINED: 18,122
18 81 0 52,650
19
20
Program Requirements 1 of 6 4/9/2003
CITY OF MIAMI BEACH admin
PROPOSED PROPERTY MANAGEMENT FACILITY
1 OFFICE SPACE WORKSHEET SQUARE FOOTAGE SQUARE SQUARE
2 OFFICE LOCATION: ALLOWANCES EXIST. FEET FUTURE FEET
3 ADMINISTRATION (* may be enclosed office) STAFF REQUIRED STAFF REQUESTED
4 Property Mgmt Building 1 F( UTURE�_
5 DEPT WORKSTATION OR SPACE CONVENTIONAL # FTE )a ;` .- # (FTE)
6 X Director 250 1 250 0 0
7 Deputy Dir /Div Admin 210 0 0 0 0
8 Manager 180 0 0 0 0
9 X Supervisor/Technical Professional 150 5 750 0 0
10 Junior Staff /Assistant Technical 100 0 0 0 0
11 Clerical /Support Staff 80 0 0 0 0
12 X Field Worker/Work Stations 50 4 200 0 0
13 TOTAL WORKSTATION AREA (ADD REQD or REQSTD) 1,200 -
14 _CIRCULATION SPACE (RQD or RQSTD X 30 %) — 360 -
15 DEPT CENTRAL/SUPPORT FACILITIES
18 X Conference Room (s) (50 SF + 15 SF per person) 0 200 0
17 Waiting Room (50 SF + 10 SF per person) 0 0 0
18 Mail/Work Room Depends on Equipment Size n/a
19 X Copy (75 SF) n/a 75
20 Centralized Filing (9 SF per File Cabinet) n/a
21 X Storage Area (s) (inside) As needed for immed. Items n/a 200
22 Recycling ( SF per Barrel /Cart ) n/a
23 Confidential Staff Meeting Room ( 100 SF) nla
24 X Kitchen /Coffee Station ( 100 SF) n/a 100
25 X Printer and FAX Area (75 SF Total) nla 75
26 X Restrooms (75 SF- each stall) _ 4 300_
27 TOTAL SUPPORT SPACE (ADD REQRD or REQSTD) 950 -
28 CIRCULATION SPACE (RQD or RQSTD X 30 %) 285
J
29 DEPT SPECIAL PROGRAM SPACE
30 Training Room describe & attach specifications n/a
31 Hearing Room describe & attach specifications Na
32 X Computer Room /IT Server describe & attach specifications n/a 100
33 Locker Room describe & attach specifications nla
34 Bulk Storage Room Chemicals and Cement Storage n/a
35 Special Program Area describe & attach specifications n/a
36 Other: describe & attach specifications n/a
37 Other: describe & attach specifications n/a
38 Other: describe & attach specifications n/a
39 Other: _describe & attach specifications , n/a
40 TOTAL SUPPORT SPACE (ADD REQRD or REQSTD) 100 -
41 CIRCULATION SPACE (RQD or RQSTD X 30 %) 30 -
42 TOTAL USABLE SQUARE FT. REQUIRED: 2,925
43 TOTAL USABLE SQUARE FT. REQUESTED: I -
44 TOTAL USABLE SQUARE FT. COMBINED: 2,925
Program Requirements 2 of 6 4/9/2003
CITY OF MIAMI BEACH Shops
PROPOSED PROPERTY MANAGEMENT FACILITY
1 OFFICE SPACE WORKSHEET SQUARE FOOTAGE SQUARE S QUARE
2 OFFICE LOCATION: ALLOWANCES EXIST. FEET FUTURE FEET
3 SHOPS - various (" may be enclosed office) STAFF REQUIRED STAFF REQUESTED
4 Property Mgmt Building 2 FUTURE)
5 DEPT WORKSTATION OR SPACE CONVENTIONAL # FTE ? ",;:, „;, # (FTE)
6 Director ' 250 0 0 0 0
7 Deputy Dir /Div Admin * 210 0 0 0 0
8 Manager 180 0 0 0 0
9 X Supervisor/Technical Professional 150 5 750 0 0
10 Junior Staff/Assistant Technical 100 0 0 0 0
11 Clerical /Support Staff 80 0 0 0 0
12 Field Worker 50 0 0 0 0
13 TOTAL WORKSTATION AREA (ADD REQD or REQSTD) 750 -
14 CIRCULATION SPACE (RQD or RQSTD X 30 %) 225
15 DEPT CENTRAUSUPPORT FACILITIES
16 Conference Room (s) (50 SF + 15 SF per person) 0 0
17 Waiting Room (50 SF + 10 SF per person) 0 0
18 Mail/Work Room Depends on Equipment Size n/a
19 Copy (50 SF) n/a
20 Centralized Filing (9 SF per File Cabinet) n/a
21 Storage Area (s) - supplies As needed for immed. Items n/a
22 Recycling (4 SF per Barrel /Cart ) n/a
23 Confidential Staff Meeting Room ( 100 SF) n/a
24 Coffee Station (10 SF) n/a
25 Printer and FAX Area (25 SF Total) n/a
26 Other Kitchen Area n/a
27 TOTAL SUPPORT SPACE (ADD REQRD or REQSTD) - -
zs CIRCULATION SPACE (RQD or RQSTD X 30 %) - -
29 DEPT SPECIAL PROGRAM SPACE
30 X Carpenter Shop describe & attach specifications n/a 2,350
31 X Electrical Shop describe & attach specifications n/a 930
32 X HVAC Shop describe & attach specifications nla 600
33 X Plumbing Shop describe & attach specifications n/a 600
34 X Paint Shop describe & attach specifications n/a 600
35 X Pressure Cleaning Shop describe & attach specifications _ nla 600
36 Other: describe & attach specifications n/a
37 Other: describe & attach specifications n/a
38 Other: describe & attach specifications n/a _
39 Other: describe & attach specifications _ n/a
40 TOTAL SUPPORT SPACE (ADD REQRD or REQSTD) 5.680 -
41 CIRCULATION SPACE (RQD or RQSTD X 30 %) 1,704 -
42 TOTAL USABLE SQUARE FT. REQUIRED: 8,359
43 TOTAL USABLE SQUARE FT. REQUESTED: -
44 TOTAL USABLE SQUARE FT. COMBINED: 8,359 I
Program Requirements 3 of 6 4/9/2003
CITY OF MIAMI BEACH ShopSup
PROPOSED PROPERTY MANAGEMENT FACILITY
1 OFFICE SPACE WORKSHEET SQUARE FOOTAGE SQUARE SQUARE
2 OFFICE LOCATION: ALLOWANCES EXIST. FEET FUTURE FEET
3 SHOPS - SUPPORT SITE AREA (* may be enclosed office) STAFF REQUIRED STAFF REQUESTED
4 OUTSIDE AREAS (FUTURE
5 DEPT WORKSTATION OR SPACE CONVENTIONAL # FTE x -< # (FTE)
6 Director * 250 0 0 0 0
7 Deputy Dir /Div Admin * 210 0 0 0 0
s Manager * 180 0 0 0 0
9 Supervisor/Technical Professional 150 0 0 0 - 0
10 Junior Staff /Assistant Technical 100 0 0 0 0
11 Clerical/Support Staff 80 0 0 0 0
12 Field Worker 50 0 0 0 0
13 TOTAL WORKSTATION AREA (ADD REQD or REQSTD) - -
14 CIRCULATION SPACE (ROD or RQSTD X 30%) - -
15 DEPT CENTRAL/SUPPORT FACILITIES
16 Conference Room (s) (50 SF + 15 SF per person) 0 0 0
17 Waiting Room (50 SF + 10 SF per person) 0 0 0
18 Mail/Work Room Depends on Equipment Size n/a
19 Copy (50 SF) n/a
20 Centralized Filing (10 ea) (9 SF per File Cabinet) n/a
21 Storage Area (s) As needed for immed. Items n/a
22 Recycling (4 SF per Barrel /Cart ) n/a
23 Confidential Staff Meeting Room ( 100 SF) n/a
24 Coffee Station (10 SF) n/a
25 Printer and FAX Area (25 SF Total) n/a
26 Restrooms (75 SF- eachl) 0 0 _
27 TOTAL SUPPORT SPACE (ADD REQRD or REQSTD) - -
28 CIRCULATION SPACE (RQD or RQSTD X 30 %j - -
29 DEPT SPECIAL PROGRAM SPACE
30 X Outside Storage describe & attach specifications n/a 5,000
31 X Construction Area describe & attach specifications n/a 1,500
32 X Loading area describe & attach specifications n/a 4,000
as X Vehicle Fueling Area describe & attach specifications n/a 1,000
34 Other. describe & attach specifications n/a
35 Other: describe & attach specifications n/a
36 Other: describe & attach specifications n/a
37 Other: describe & attach specifications n/a
38 Other: describe & attach specifications n/a
39 Other: describe & attach specifications _ n/a
40 TOTAL SUPPORT SPACE (ADD REQRD or REQSTD) 11,500 -
41 CIRCULATION SPACE (RQD or RQSTD X 30 %) 3,450 -
42 TOTAL USABLE SQUARE FT. REQUIRED: 14,950
43 TOTAL USABLE SQUARE FT. REQUESTED: -
44 TOTAL USABLE SQUARE FT. COMBINED: 14,950 I
Program Requirements 4 of 6 4/9/2003
CITY OF MIAMI BEACH warehse
PROPOSED PROPERTY MANAGEMENT FACILITY
1 OFFICE SPACE WORKSHEET SQUARE FOOTAGE SQUARE SQUARE
2 OFFICE LOCATION: ALLOWANCES EXIST. FEET FUTURE FEET
3 WAREHOUSE (* may be enclosed office) STAFF REQUIRED STAFF REQUESTED
4 Property Mgmt - Building 3
5 DEPT WORKSTATION OR SPACE CONVENTIONAL # FTE 41$41 # (FTE)
6 Director i 250 0 0 0
7 Deputy Dir /Div Admin 210 0 0 0
8 Manager 180 0 0 0
9 SupervisorfTechnical Professional 150 0 0 0
10 Junior Staff /Assistant Technical 100 0 0 0
11 X Clerical /Support Staff 80 2 160 0
12 Field Worker 50 0 0 0
13 TOTAL WORKSTATION AREA (ADD REQD or REQSTD) 160 -
14 _CIRCULATION SPACE (RQD or RQSTD X 30 %) 48 -
15 DEPT CENTRAL/SUPPORT FACILITIES
16 Conference Room (s) (50 SF + 15 SF per person) 0 0 0
17 Waiting Room (50 SF + 10 SF per person) 0 0 0
18 Mail/Work Room Depends on Equipment Size n/a
19 Copy (50 SF) n/a
20 Centralized Filing (9 SF per File Cabinet) n/a
21 Storage Area (s) As needed for immed. Items n/a
22 Recycling (4 SF per Barrel /Cart ) n/a
23 Confidential Staff Meeting Room ( 100 SF) n/a
•
24 Coffee Station (10 SF) n/a
25 Printer and FAX Area (25 SF Total) n/a
26 Other _ -
27 TOTAL SUPPORT SPACE (ADD REQRD or REQSTD) - -
28 CIRCULATION SPACE (RQD or RQSTD X 30 %) - -
29 DEPT SPECIAL PROGRAM SPACE
30 Training Room describe & attach specifications n/a
31 X Warehouse - 16 ft. vertical describe & attach specifications n/a 3600
32 Computer Room describe & attach specifications n/a
33 X Locker Room - Men describe & attach specifications n/a 750
34 X Locker Room - women describe & attach specifications n/a 250
35 Special Program Area describe & attach specifications n/a
36 X Hazardous Storage Flammable/Chemical Storage n/a 500
37 Other: describe & attach specifications n/a
38 Other: describe & attach specifications n/a
39 Other: describe & attach specifications n/a
40 TOTAL SUPPORT SPACE (ADD REQRD or REQSTD) 5,100 -
41 CIRCULATION SPACE (RQD or RQSTD X 30 %) 1,530 -
42 TOTAL USABLE SQUARE FT. REQUIRED: 6,838 1
43 TOTAL USABLE SQUARE FT. REQUESTED: -
44 TOTAL USABLE SQUARE FT. COMBINED: 6,838 I
Program Requirements 5 of 6 4/9/2003
CITY OF MIAMI BEACH Parking
PROPOSED PROPERTY MANAGEMENT FACILITIES
1 OFFICE SPACE WORKSHEET SQUARE FOOTAGE SQUARE SQUARE
2 OFFICE LOCATION: ALLOWANCES EXIST. FEET FUTURE FEET
3 PARKING LOTS (200 SF per Employee Pkg Sp) STAFF REQUIRED STAFF REQUESTED
4 (max of actual or approved)
5 BLDG DEPARTMENT OR USER # FTE W tle`Z, - # (FTE) 4ts
6 1 ADMINISTRATION 200 10 2,000 0 0
I 7 2 SHOPS - various 200 71 i 14,200 0 0
8 2 SHOPS - SUPPORT SITE AREA 200 0 - 0 0
s 3 WAREHOUSE 200 0 - 0 0
10 Guest/ADA parking 200 5 1,000 0 0
11 City Vehicles 200 59 11 ,800 0 0
12 200 0 - 0 0
13 200 0 - 0 0
14 200 0 - 0 0
15 200 0 - 0 0
18 200 0 - 0 -
17 200 0 - 0 0
18 200 0 - 0 0
19 200 0 - 0 0
20 200 0 - 0 0
21 200 0 - 0 0
22 200 0 - 0 0
23 200 0 - 0 0
24 200 0 - 0 0
25 TOTAL PARKING SPACE AREA (ADD REQD or REQSTD) 29,000 -
26 CIRCULATION SPACE (ROD or RQSTD X 30 %) 8,700 -
27 TOTAL USABLE SQUARE FT. REQUIRED: 37,700 I
28 TOTAL USABLE SQUARE FT. REQUESTED: I -
29 TOTAL USABLE SQUARE FT. COMBINED: 37,700
30 145 0
31
32 TOTAL NUMBER OF PARKING SPACES PROVIDED: 145
33 TOTAL NUMBER OF PARKING SPACES REQUIRED: 145
•
Program Requirements 6 of 6 4/9/2003
CITY OF MIAMI BEACH SUMMARY
PROPOSED PROPERTY MANAGEMENT FACILITY
BUDGET LEVEL COST OPINION WORKSHEET SQUARE
FEET UNITS UNIT SECTION
REQUIRED COST TOTAL
BLDG DEPARTMENT OR USER t*?s ', * a'
1 ADMINISTRATION 2,925 SF $110 $321,750
2 SHOPS - various 8,359 SF
A/C - Office, Restrooms, etc. 975 SF $90 $87,750
Non -A/C - Shops, Storage, etc. 7,384 SF $65 $479,960
Industrial Equipment 1 Allow. $10,000 $10,000
3 WAREHOUSE 6,838 SF�,.` „....3*
A/C - Office, Restrooms, Locker Room, etc. 1,160 SF $90 $104,400
Non -A/C - Warehouse 5,678 SF $55 $312,290
OUT EXTERIOR STORAGE, FENCE /GRAVEL/ISOLATED CONC. PADS, 14,950 SF $4 $59,800
PARKING LOTS /SITE UTILITIES 37,700 SF $3 $113,100
MISC 1000 gal Fueling Facility 1 EA $12,300 $12,300
Electric Security Gate 1 EA $14,500 $14,500
50 kw Diesel Emergency Generator 1 EA $31,520 $31,520
I SUBTOTAL: $1,547,370
20% CONTINGENCY: $309,474
TOTAL ESTIMATED COST OPINION - Hard Construction $1,856,844
Demolition Allowance for removal of existing building
(Assumes no asbestos or other hazardous materials.) 1 Allow. $40,000_ $40,000
Grand Total - Hard Construction and Demolition $1,896,844
Program_Cost 1 of 1 4/9/2003
Property Management Space Requirements
Administrative Qty Type Length Width SgFt.
Director 1 Office 20 15 300
Asst Director 1 Office 20 15 300
Office Assoc V 1 Cubicle 10 10 100
Admin Aide I 1 Cubicle 10 10 100
Admin Aide II 2 Cubicle 10 10 200
Data Clerk 1 Cubicle 10 10 100
Contracts Coord 1 Cubicle 10 10 100
Capital Proj Coord 1 Office 20 15 300
Construct. Mgr 2 Office 15 15 450
Planning Tech 2 Cubicle 10 10 200
Supervisor Maint 1 Cubicle 10 10 100
Supervisor Elect 1 Cubicle 10 10 100
Supervisor Plumb 1 Cubicle 10 10 100
Supervisor AC 1 Cubicle 10 10 100
Supervisor Dist 1 Cubicle 10 10 100
Restrooms 2 Room 10 15 300
Conference Room 1 Room 20 20 400
Storage 1 Room 10 15 150
Kitchen 1 Room 12 10 120
IT Equip Room 1 Room 10 10 100
Copy /Fax Area 1 Bay 10 15 150
Common Areas 1 Hall, foyer etc 300
Total Admin Area: 3,870
Trades Area
Work Shops 3 Open Bay 20 30 1,800
Parts Room 1 Enclosed 20 20 400
Restroom 2 Room 10 15 300
Locker Room 1 Room 30 30 900
Common Areas 1 600
Paint Storage 1 Enclosed 10 10 100
Hazardous Storage 1 Enclosed 10 10 100
Total Trades Area: 4,200
Yard /Loading Area TBD Space
ADA Parking 2 Space 15 20 600
Guest Parking 3 Space 10 20 600
Total Outside Area: 1,200
Total Areas: 9,270
Parking City Veh 58 Space 10 20 11,600
Parking Emp Veh 68 Space 10 20 13,600
25,200
take into account 3 vehicles that will not fit in the garage
plus TBD Yard /Loading Area
Sunset Harbour Garage
SCHEDULE J
INDEX OF DRAWINGS
F: \CAPI\$all \VIET\0 - PROJECTS\Prop Mgmt Facility\AE Agreement - Wolfberg Alvarez.doc
Property Management Facility 40
Schedule A
02/10/2011
PROPERTY MANAGEMENT FACILITY
DRAWING INDEX
GENERAL
COVER SHEET AND INDEX
SURVEY
CIVIL
C1.1 DEMOLITION AND SITE REMOVAL PLAN
C1.2 DEMOLITION AND REMOVAL BUILDING PLAN
C2.1 LAYOUT PLAN
C3.1 PAVEMENT JOINTING PLAN AND GENERAL NOTES
C3.2 DRAINAGE DETAIL
C3.3 DRAINAGE AND EARTHWORK NOTES
C4.1 WATER AND SEWER PLAN
C4.2 WATER AND SEWER NOTES AND DETAILS
C5.1 GENERAL DETAILS
C6.1 STORMWATER POLLUTION PREVENTION PLAN
C6.2 STORMWATER POLLUTION PREVENTION NOTE AND DETAILS
LANDSCAPING
L1.01 EXISTING TREE INVENTORY
L1.02 EXISTING TREE STATUS CHART
L1.03 LANDSCAPE PLAN
L1.04 LANDSCAPE DETAILS AND NOTES
LI1.01 IRRIGATION PLANS
LI1.02 IRRIGATION DETAILS
ARCHITECTURE
LS1.01 LIFE SAFETY PLAN / CODE ANALYSIS
A1.01 SITE PLAN
A3.01 FLOOR PLAN — FIRST FLOOR
A3.02 FLOOR PLAN — SECOND FLOOR
A3.03 ENLARGED PLANS — RESTROOMS
A3.04 ENLARGED PLAN AND DETAILS — STAIRS, ELEVATOR
A3.05 ROOF PLAN
Wolfberg Alvarez & Partners Page 1
ARCHITECTURE (continued)
A3.06 FURNITURE PLAN
A4.01 ELEVATIONS
A5.01 CROSS SECTIONS
A5.02 WALL SECTIONS
A5.03 WALL SECTIONS
A6.01 REFLECTED CEILING PLAN - FIRST FLOOR
A6.02 REFLECTED CEILING PLAN - SECOND FLOOR
A7.01 PARTITION TYPES
A8.01 DETAILS
A8.02 DETAILS
A8.03 DETAILS
A9.01 DOOR SCHEDULE AND DETAILS
A9.02 WINDOW SCHEDULE AND DETAILS
A9.03 FINISH SCHEDULE AND DETAILS
A9.04 INTERIOR ELEVATIONS
STRUCTURAL
S1.01 GENERAL NOTES
S1.02 DESIGN WIND PRESSURE - WALLS
S1.03 WIND PRESSURE - ROOF
S2.01 FOUNDATION / SLAB -ON -GRADE PLAN
S2.02 SECOND FLOOR FRAMING PLAN
S2.03 ROOF FRAMING PLAN
S4.01 DETAILS
S4.02 DETAILS
S4.03 DETAILS
S5.01 BEAM SCHEDULE
PLUMBING
P3.01 PLUMBING - FIRST FLOOR PLAN
P3.02 PLUMBING - SECOND FLOOR PLAN
P3.03 PLUMBING - ROOF PLAN
P4.01 PLUMBING ENLARGED PLANS
P5.01 ISOMETRICS
P6.01 NOTES, DETAILS, AND SCHEDULES
PROPERTY MANAGEMENT FACILTY DRAWING INDEX
Wolfberg Alvarez & Partners Page 2
MECHANICAL
M1.01 LEGEND
M3.01 FLOOR PLAN — FIRST FLOOR PLAN
M3.02 FLOOR PLAN — SECOND FLOOR PLAN
M3.03 ROOF PLAN
M5.01 SCHEDULES
M8.01 DETAILS
M8.02 DETAILS
M8.03 DETAILS
ELECTRICAL
E1.1D DEMOLITION AND REMOVAL PLAN
E1.00 GENERAL NOTES, SYMBOL LEGEND
E1.01 ELECTRICAL SITE PLAN — LIGHTING
E1.02 ELECTRICAL SITE PLAN
E3.01 ELECTRICAL LIGHTING FLOOR PLAN — FIRST FLOOR
E3.02 ELECTRICAL LIGHTING FLOOR PLAN — SECOND FLOOR
E4.01 ELECTRICAL POWER FLOOR PLAN — FIRST FLOOR
E4.02 ELECTRICAL POWER FLOOR PLAN — SECOND FLOOR
E6.01 RISERS DETAILS
E9.01 PANEL SCHEDULES
FIRE PROTECTION
FP1.01 SITE AND FIRST FLOOR PLAN
FP1.02 SECOND FLOOR PLAN
FP1.03 RISER, SCHEDULES, AND DETAILS
PROPERTY MANAGEMENT FACILTY DRAWING INDEX
Wolfberg Alvarez & Partners Page 3