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Attachment F CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~t::)G, 5 -q 5 TO: Mayor Seymour ~Iber and Memben or the City Commi.uion DATE: July 12, 1995 ">. FROM: Jose Garcia-Pedrosa 1L City Manager A RESOLUTION OF. MAYOR AND CITY COMMISSION OF THE CITY OF l\1lAMI BEA~ FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BERMELLO, AJAMIL & PARTNERS, INC., IN THE AMOUNT OF $417,000, FOR PROFESSIONAL ARCHITECfURAL SERVICES AND OTHER RELATED PROFESSIONAL SERVICES, AS REQUIRED FOR THE MASTER PLANNING OF MISCELLANEOUS IMPROVEMENTS AT VARIOUS PARKS AND RECREA nON BOND PROGRAM SITES. SUBJECT: ADMINISTRATION RECOMMENDATION: The City Administration recommends that the Mayor and the City Commission approve the attached resolution authorizing the Mayor and the City Clerk to execute the attached agreement with BermeUo, Ajamil & Partners, Inc., in the amount of $417,000, for professional architectural services and other related professional services, as required for the Master Planning of Miscellaneous Improvements at Various Parks and Recreation Bond Program Sites. BACKGROUND: The City of Miami Beach issued RFLI No. 62-94/96 seeking professional services for the Master Planning of Miscellaneous Improvements at Various Sites included in the City of Miami Beach Parks and Recreation Bond program. It is the intent of the Master Plan to provide a comprehensive overview and specific guidelines in implementing subsequent design and construction phases. The Master PIan shall include, but will not necessarily be limited to the following components: Programming, Schematics, Standards, Phasing and Scheduling and Community Meetings. The completed and approved Master Plan shall detail not only the proposed improvements at each site, but also standards for construction and equipment, phasing, project groupings and scheduling for implementation of subsequent architectural and development activities, as well as all usual and customary features contained in a parks and recreation master plan. A notice of Request for Letters of Interest (RFLI) was issued to 101 architectural finns on March 3, 1995. As a result, 39 specifications were mailed, resulting in five (5) responses at the bid opening of March 30, 1995. Responses were received from the following f1nns: Architectural Design Collaborative, Inc.fThe SW A Group; Bermello, Ajamil & Partners, Inc.; Design Studios West; The Smith Korach Hayet Haynie Partnership, and Wallace Roberts & Todd. Continued... AGENDA ITEM R-1-r:: 7 -/2 -~ DATE COMMISSION MEMORANDUM No. Page Two All five firms were invited for an oral presentation on May 8, 1995 before the selection committee which ultimately selected BermelIo, Ajamil & Partners, Inc. as the recommended firm. On May 17, 1995 the City Commission authorized the Administration to enter into negotiations for award of contract with BermeIlo, AjamiI & Partners, Inc. ANAL YSIS: Negotiations were conducted with Bermello, Ajamil & Partners, Inc. The original estimate submitted by Bennello, Ajamil & Partners, Inc. in their response to the RFLI requested a total fee of S523 ,045 for direct expenses and additional allowances for other required consultants. This total ofS523,045 represents approximately 3.4% of the S15 million budget. Through diligent negotiations the Administration and BermelIo, Ajamil & Partners, Inc. reduced the total project contract to S417,000, an overall reduction ofSl11,045. The agreed upon contract amount represents 2.8% of SI5 million bond program. The total contract will not exceed S417,000 without obtaining additional authority from the City Commission. CONCLUSION: The City Administration recommends the Mayor and City Commission authorize the Mayor and City Clerk to execute the attached agreement with Bermello, Ajamil & Partners, Inc., in the amount of $417,000, for professional architectural services and other related professional services, as required for the Master Planning of Miscellaneous lmprovements at Various Parks and Recreation Bond Program Sites. KSI1s Attachment C:\...\COMMISION.MEM\BERMELLO.AGR RESOLUTION No. 95-21648 A RESOLUTION OF THE lVL<-\. YOR AND CITY COMMISSION OF THE CITY OF ML~"n BEACH, FLORIDA, AUTHORIZING THE j\tL~ YOR A:'-Il> CITY CLERK TO EXECUTE A:'l AGREELYfENT \"\I1TH BERlvlELLO, AJA.MIL & PARTNERS, INC., IN THE AlVIOUNT OF S417,000, FOR PROFESSIONAL ARCHITECTURAL SERVICES AND OTHER RELA TED PROFESSIONAL SERv1CES, AS REQUIRED FOR THE MASTER PLANNING OF MISCELLANEOUS IMPROVEMENTS AT VARlOUS PARKS AND RECREATION BOND PROGR-\M SITES. \VHEREAS, the City of Miami Beach issued a Request for Letters ofInterest (RFLI 0io. 62-94/96) on March 3, 1995 seeking professional services for Master Planning of Miscellaneous Improvements at Various Parks and Recreation Bond Program Sites; and WHEREAS, Bermello, AjamiI & Partners, Inc. submitted a proposal in response to the City's Request for Letters of Interest; and \VHEREAS, a ten (10) member selection committee comprised of residents, related professionals and City staff interviewed five (5) firms on May 8, 1995 and unanimously selected Bermello, Ajamil and Partners, Inc. as the recommended firm for the Parks Master Planning Project; and WHEREAS, funds for the Agreement are included in the $15 million Parks General Obligation Bond program. NO\V, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR A:'1) CITY COM1\l1SSION OF THE CITY OF lVIIA1Y1I BEACH, FLORIDA, that the Mayor and the City Clerk are authorized to execute the attached Agreement with Bermello, Ajamil & Partners, Inc., in the amount of $417,000, for professional architectural services and other related services, as required for the Master Planning of Miscellaneous Irnprovernen at Various Parks and Recreation Bond Program Sites. PASSED Al~D ADOPTED this 12th ATTEST: ~~ :: ;"\ ::.' ?,' ,~;:) lJ R. l"U \ I ~ ~'i I \.." j .. :.'! ,,! I \ J - ~ LEGAL DEPT. _.'f "-- .~ -S- tr-) -I :,....=,. ""1 - I :-=-~_~=-. " , Miami Beach Master Planning for Various Parks Improvements Fee Schedule TASK FEE Programming: B&A I C&R $61,440 Survey $84,985 Signage $2,500 MEP $5,000 Expenses $700 Total Programming: $154,625 37% Design Concepts: B&A I C&R $66,280 Survey $0 Signage $2,500 MEP $5,000 Expenses $700 Total Design Concepts: $74,480 18% Development Plan B&A I C&R $66,900 Survey $0 Signage $2,500 MEP $5,000 Expenses $700 Illustrative Vignettes $10,000 Total Development Plan: $85,100 20% Design Guidelines B&A I C&R $61,225 Survey $0 Signage $2,500 MEP $5,000 Expenses $700 Total Design Guidelines: $69,425 17% Phasing B&A I C&R $32,670 Survey $0 Signage $0 MEP $0 Expenses $700 Total Phasing: $33,370 8% TOTAL $417,000 100% E:<hib it "A" B&A Serm.llo. Ajamd" Partners. Inc. 2SOt Soufh &.ysncn Orivw. 1lJ:1 Acer. Miami. Ft.:J31:J:J ~. ~ --~ ~ ............. po5) 8S9-2OlSO Fu pcS)ssc;..;e:18 lV1U~MORA.NDUM TO: KeTin Smith, Parb Director .' City ot M!amJ Be.2cll WIlly A. BermeIlo July 7. 1995 via far FROM: DATE: RE: City of Miami Be3ch, Master Plannini: tor Vari0115 Parks and ReaWlan Fadllt1e! As a follow-up to our conve:r3ation ye$terday afu:moon, I am pleased tD enclose our final f~ breakdown. Please note that the breakdown betw~ the various componems arc as follows: Total labor dollars for master planning, architecture and landscape arthirecrura1 services (B&AlCurtis & Rogers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5288,515 Direct expenses (priming &: other) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 53,500 Rendering allowcmc: (up to 10 rcnd::riDg vig!1e:te,,) . . . . . . . . . . . . . . . . . . . , .. $10,000 Signage &: graphics (Bugdal or B&:A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " $lO,COO ME? (!iN'GS) . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . .. $20,000 SurveyiDi (Post Buckley Schuh &: Iernigan) . . . . . . . . . . . . . . . . . . . . . . . . . .. 584.985 Grand Total ..................,.......................... $417,000 If you have my COII%mCIlI3 or questions conc...-ming the above or the attached breakdown, please call me immediately. E.~ OF MEMOAA.~UM WAB:mk cc: Fernando Alonso, B&.A Rob Curtis, B&.A C. \ Wll'DIX:I\IDUft5\D7I7ll:ll. "Aa WlJly A. Set'meUo. AJA AICP Luis AJamll. P.:. NOIeon C. Manlnez. AlA Aguelln J. BlIITera Somata N. HoroVlll.. AI" SCMI. S. Muxc. AS!O -=:>611 HllCllncw ~, Exhibit A ..!~~ .~.~:::::.~:::t~~t~~}~~~:~::~~i~~0.:~-'.::'~.fj~:!~~t~;%1i1::~~~]~:';:~~~r~y~}' PROJECT NAME: ~.~__,_--;; RUr-IO: ~ . . . . - . .... ~..... .. -. t-::.:~. -..... '-"',f . - PRINT OUT CA TE/TlME: 07PJ71'd5 PRQJ TA3K DESCRIPTION PRINe ARCH/LA PlANNS ENGlN AACHIt.A TECH c:..SI~ . PROORAMMINQ Establish Aaaarnent Crlten. . Oeftlcp C:ltIr1I 10 S S S " b City ~ Meeting 2 " 2 4 " 2 S~ 1\ F.dIIty SUIVl'f I 0btJrin EldItln; COndl:lOM .4 18 III 1G 20 b R~ n.ma 2 10 10 4Q &0 20 e CondIolC F" _d VIaita a 040 40 .0 .0 20 cI Ol'a;llllc IlNllr1Itlcna 2 20 20 20 eo 110 12 3 Uler Nftedjr Aueam.nt . C~n:fina%ll witl'l CIty " e b ~ ac:ditate Me.tln;s 10 40 .0 0 0 40 e Review Flndln~ . 8 e 8 e 4 Dltingn eonc:.;n. I Sulldln; '"l'Ciratl'llTlln; I ~ 40 10 <40 4a 5 b ~ Plan 12 SO ao .0 SO 100 10 e PrelimiMry Colt ~ 2 40 I 40 40 40 10 5 CammIlnity Praentztlcna 20 40 CO 0 0 40 CEVE1.OI'ME.'n' PLAN 1 S=- Plana 8 40 20 20 lel:) 200 2 Sulldln; Sd'lemClCl 10 eo 10 20 180 180 3 Colt Estlmlla 2 20 20 20 20 80 10 CEVaCPMEHT GUlDEUNES 1 Bulldln;a 3 40 8 12 eo eo 18 2 ~htlno 2 e S 20 20 12 3 Fumsl'lln;1 3 40 4 , 40 40 12 4 PlIY;rclol"a 2 40 " 4 40 40 12 5 F1e~Ultl 3 30 a a 40 40 12 e Slgna;a 2 20 a 12 10 12 T Patltlng 10 10 a 40 2D a 12 PHASING & SCHEeVUHQ 1 DeY8l0lll'Ment PacQgu , 40 20 40 eo 80 1e 2 PrtIjec: Sdledule 4 40 20 eo eo 30 1e TOT AI. HOURS 131 72S 4q 4' 1~ 1118 170 SlHOUR $175 W 175 $Sa I" S8S W SU~TOTAL.l.ASOR DOLLARS $23,lil7t. 581,710 S33,soo S31..uso S70,330 S!SI,'liO ".~ TOTAL LABOR 00UARs S2a8,S1S DIRECT EXr::NSE PRlHTtNQ OTHE.~ S2.~OO S1,OOO St.'S- TOTAL ~.soo TOTAL S2lr2. a1' ALL.OWAHCE FOR OTHER CONSULTANTS RENCERlNO :SIONAG~ WE? SURVEY $10.000 (10 x $1000 fCT vignette,) tiC.Coo B&A ar BU;dal S:ZO.OOO HNCJS SlI4, P!5 P93J1Aer1lJ Cl;:tlz'ecS Phla Seunc1ary - GRANO TOTAL U17,OCQ ---" --....----- - .J J , , ) , ) ) ) ) , , ) ) ) ) ..~ ) ) ) ) >> } ) >> ) . , . . >> . ) >> ) ) ) ) >> . . . ) ) ) ) >> ) >> . ~ ) ) . ) \ . ..." .,... . , APPROACH TO SCOPE OF SERVICES INTRODUCTION The approach proposed in this Scope of Services details the steps that we propose be ta.l<:en to complete the items presented in the Request for Letters of Interest including: programming; development plan; development guidelines; and, phasing and scheduling. A community meeting facilitation program is included to strengthen the key fmdings at certain stages of the process, and to provide for a more successful implementation of the Master Plan. PHASE I - PROGRAlvflYfING Field visit to the facilities outlined in the Request for Letters of Interest revealed that the parks vary in function and area served. Determining the programmatic needs for each facility requires definition of existing and future demographic user groups. The smaller neighborhood parks appear to provide recreational needs for the population in the immediate vicinity of the facility. T~e larger community p.arks are recreational settings for a larger perhaps more diverse population. The bicycle path serves a citywide amenity for a diverse user group. The tasks and the steps to be taken to complete the programming portion of the project are discussed below. . Task 1 - Establish criteria for assessment of users and facilities The condition of elements within the facilities vary. Some buildings, courts and fields are in better shape than others. Establishing criteria for assessment will aid in the relative comparison of each facility and in establishing priorities for improvements. Criteria for assessment of buildings might include: building condition, appropriateness of materials, functionality, compliance with existing codes, and ADA requirements. Criteria for park areas might include: condition of elements, use of existing site resources, appropriateness of plant material, ease of maintenance, ease of supervision, circulation and safety considerations. Criteria for bike path might include right-of-way width, surfacing, continuity of travel and safety. Steps in Task: 1. Consultant team will develop preliminary criteria for review by city staff. 2. City staff and consultant team meeting to discuss and refine criteria. 3. Finalize criteria. R~,A 'J ) . . Task 2. - Site and Facility Survey In this task the team will visit each of the sites and, utilizing the assessment criteria established in Task 1, assemble existing infonnation about each park and its components. Steps in Task: 1. The consultant team will meet with appropriate City staff to obtain existing site and boundary surveys, as-built drawings. ,.. 2. Review items obtained in Step 1., above, and determine additional base information needs. 3. Conduct field visits to each site to verify, correct or add base information. Elements to be surveyed include but are not limited to the following: · Natural elements - land, water, plants · Major structures - buildings, pools Use areas - courts, fields, playgrounds, totlots, walks, parking lots · Minor structures - fences, drinking fountains, play equipment · Utilities and services - electrical, drainage, potable water, etc. Furnishings - benches, trashreceptacIes, etc Signage 4. Graphically illustrate and document existing base information Task 3 - User Needs Assessment This task will be completed simultaneously wirh Task 2., above. In order to accomplish this task in a effective manner, more than one park will be discussed in each meeting. The parks will be grouped by geographic area and population served. Initial analysis indicates that each of the three planning areas - north, central and south - could be subdivided into functional areas resulting in at least six park planning sub-areas. The meetings will be facilitated to secure the proactive involvement of participants; to develop, coordinate, and disseminate information; create the conditions necessary to elicit the concerns of all participants; and, define and prioritize goals and issues. Steps in Task: 1. The consultant will coordinate with City staff to schedule the time and place of the meeting. City staff will notice the meeting. p~_ A -1 ) :) ) , ) J t ) . I J ) ) ,.~. J J J J t ) ) J . I . I . . . . . ) j . . I I . >> J ) t ) ) ) ) ) ) ) ) ) ) . . 2. The consultant will facilitate the meeting and record fmdings. 3. The team will meet with City staff to review the fmdings of Step 2., above. Task 4 - Alternative Design Concepts The fIndings of the user needs assessment, review of agency regulations and policies and goals of the City will be compiled with physical site conditions survey to develop opportunities and constraints for each site. Several alternative concepts for each site will be explored and presented to detennine the best use for each park program. Items such as function, .circulation, flexibility and cost are some factors that will be considered to determine the best and most appropriate solution. Advantages and - disadvantages of each concept and its relationship to other concepts will be discussed. The preferred alternative for each site will be further refilled in next phase of the project, "Development Plan" . Steps in Task: 1. Develop concept plans addressing land uses and layout of desired program elements and relationships. 2. Develop building programming including new buildings, renovations and/or additions. 3. Develop preliminary cost estimates. 4. Review alternative concept plans, building program and preliminary order of magnitude cost estimates with City staff. 5. _ Preliminary development of preferred concept plans and review plans with City staff. Task 5 - Facilitated Community Meetings Tne consultant will facilitate a community meetings designed to present the alternative concept plans and engage the participants in a discussion of the advantages and disadvantages of each concept. The preliminary preferred concept plan may also be discussed. At the discretion of the City, the consultant will present alternative concept plans to the City Commission. B&A pHASE ITA - DEVELOPMENT PLAN The preferred alternative plan will refIned in this phase. The alternative plan will be fitted into the overall recreation plan for the City and a comprehensive overview of recreational elements outlined in the Programming Phase will be developed. This phase will occur simultaneously with Phase IIB - Development Guidelines. Task 1 - Site Plans ,.~ Prepare specific site development plans addressing the desired program elements and related components such as lighting, signage, furnishings, landscaping. Task 2 - Building Schematics Develop conceptual building plans, addressing spatial relationships, overall character, materials and fInishes. Task 3 - Cost Estimates Prepare cost estimates for the development of each facility. PHASE IIB - DEVELOPMENT GUIDELINES This phase will occur simultaneously with Development Plan phase, above. The purpose of this ~_ phase will be to provide guidance in the design and implementation of site components for each park and for the bikepath. The intent will be to provide unity and order throughout the City while allowing for design creativity and innovation. It should be noted that design guidelines should be specific enough to assure basic harmony and coordination of the elements yet flexible enough to promote variety and visual interest. In preparing the guidelines it will be very important not to restrict design creativity but to direct it in such a way as to create overall continuity. The purpose of the guidelines will be twofold: (1) to serve as design criteria for designers under contract to prepare design plans for new or renovated facilities, (2) to serve as evaluation criteria for staff overseeing the designs. A checklist will be prepared and included in the fInal document to be used for reviewing the design of each of the park components. A preliminary outline of suggested objectives and design considerations for the varIOUS recreational components guidelines is included below. B,&A .J ) . ; ) , ) >> J J ) J , ) t J ,.... . , . J . J J . . . . I . . . . . >> >> I >> >> >> ) . . . ~ >> >> t . . . . . . . .. Building Guidelines The major objectives of the guidelines fot the buildings may include the following: · Ensure good site planning which incorpora~es existing facilities and uses while accommodating future recreational components; · Encourage excellence in design incorporating the use of the latest materials and technology to depict permanence and strength; · Utilize passive solar designs responsive to the south Florida climate; · Maintain flexibility to accommodate changing needs as well as expand. in an orderly manner; · Provide ease of maintenance of all the recreational components; and, · Ensure cost effective construction and maintenance. The guidelines will cover major design consideration including but not limited to adjacent land uses, architectural style and character, structure, materials, entrances, service areas, circulation, security, expansion capabilities, roofs, windows.. finishes, energy efficiency, mechanical equipment, specifications, etc. Landscape and Irrigation Guidelines The existing trees within the parks are important amenities and key elements in the establishment of an overall planting plan. Implementing new planting schemes should consider the objectives as follows: · Preserve and enhance existing trees Utilize plant material indigenous to South Florida and requiring minimal maintenance. · Plant material will be used to defme spaces, provide shade and screen uses where appropriate. · Where possible use plant material to reduce energy requirements. Utilize new developments in technology to provide water efficient irrigation systems. Equipment to likely to be considered would be water/wind sensors, rain switches, and drip irrigation systems. . Utilize xeriscape concepts for planting and irrigation. P f?- A , . ~ ,. ) ) ) ) ) , } ) ) ) ) ) ) ) ) ) ) ) ) ) , ) ) ) ) ) ) A list of plant material which may be utilized for planting designs will be. included in the landscape guidelines. It will include a variety of trees, palms, shrubs, groundcover and turfgrasses that are either indigenous or have accIirru3.ted to the area. In addition, detailed guidelines for planting and irrigation procedures and specifications will be included in the guidelines. Playground Guidelines ~. Playground design guidelines will establish general layout of play components. The type and variety of play components will be based on an analysis of the users - age and interest. The specifications for the equipment will taJce ineo consideration aspects such as safety, durability, ease of maintenance and long term cost benefit. The overall playground designs will provide barrier free access for handicap users. Field and Court Guidelines The guidelines will establish the parameters for the design and construction, and renovation of fields and courts. Consideration will be given to develop a system of fields and courts serving multi-purpose uses. The layout, materials, grading and equipment standards will be included 1n the guidelines. Signage Guidelines The signage design guidelines will establish a concept and theme for the total design of a signage ~ . system. It is important that the system first be designed as a whole and then implemented as needed or as funding becomes available. After the system is designed there will be no need for each firm to redesign a set of graphics for each facility. The overall objective is create a clear concise, weII designed signage system. In addition, other objectives to be considered are: · Signage hierarchy which means that as one moves closer to a destination, the scale of the signage will become progressively smaller and the level of information more detailed. The system should be flexible so that it can be phased and altered as new signs are required. Materials should be strong and require minimum maintenance. The signage style chosen should eTh1ance the image and create an identity for the facility. .., , .: . J , , , ) I J ,..~ . ) ) } ) >> >> ) ) ) ) ) ) ) . ) ) ) ) ) ) Lighting Guidelines The primary function of lighting is to. provide nighttime orientation, safety and security. Therefore, careful consideration must be given not only to technically efficient but also to visually acceptable standards and fixtures. · Lighting systems should be orderly and logical with consistent use of fixtures posts and mounting techniques. · Fixrures should be durable to withstand wear and tear, vandalism and the elements. Site Furnishing Guidelines Most important in resolving problems related to site furnishing is proper placement. Placement of furnishing should be carefully thought out so they are located according to need and function with other elements. Site furniture should be designed and placed to be responsive to the South Florida climate and specific characteristics of the site. Furnishings selected should require low maintenance and provide barrier free design for handicapped access. Bikeway Guidelines Bikeways should be sited according to need and in pleasant environments. The bikeway should be planned to connect major use areas. Elements to consider for bikepath designs would include surface materials and widths. .' . Utility Guidelines Utility systems should be consolidated into a few well planned corridors. Transformers should be screened with walls or plantings. RO.A If:- ':.-:, PHASE ill - PHASING & SCHEDULING This section will list the projects (descriptions and preliminary cost estimates) required to' implement the improvement programs at the earks and recreation sites. Projects will be listed in order of priority for each site. The analysis developed in Phase I - Programming will serve as a basis for establishing these priorities. It is important to note that project descriptions and costs will be based upon general guidelines and not specific plans. Therefore the descriptions and costs shouid be revised at the time specific plans are produced. The costs will be established as order of magnitude only. Large projects may also be phased so that they can be implemented over time. However, if projects are phased they should be designed in total to assure a coordinated effort. Task 1 - Development Packages Prepare implementation packages, grouping elements for subsequential development, while coordinating with City regarding financial and time constraints. Task 2 - Scheduling Prepare tirneline schedule including design and construction schedules. .. . ~ ""' ... CITY OF MIAMI BEACH ~ ~ CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~G.S-q5 TO: Mayor Seymour Gelber and Memben of the City Commission DATE: July 12, 1995 FROM: Jose Garcia-Pedrosa 1! City Manager A RESOLUTION OF / 1\-[,\ YOR Ai'IfD CITY C01'rIMISSION OF TIfE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZL'lG THE MAYOR AJ.'lD CITY CLERK TO EXECUTE AJ."l AGREEMENT WITH BER"IELLO, AJAJ."llL & PARTNERS, INC., IN TRE A..:\10UNT OF ~17,OOO, FOR PROFESSIONAL ARClllTECTURAL SERVICES AJ....-n OTHER RELATED PROFESSIONAL SERVICES, AS REQUIRED FOR THE M.-\.STER PLAJ.~NING OF MISCELLANEOUS IMPROVEMENTS AT V ARlOUS PARKS A...'ID RECREA nON BOI'm PROGRAM SITES. S tTB..JE cr: AD!Ir@'1STR-\TTON RECOMMENDA nON: The City Administration recommends that the Mayor and the City Commission approve the attached resolution authorizing the Mayor and the City Clerk to execute the attached agreement with Bermello, AjamiI & Partners, Inc., in the amount of 5417,000, for professional architectural services and other related professional services, as required for the Master Planning of Miscellaneous Improvements at Various Parks and Recreation Bond Program Sites. BACKGROUND: The City of Miami Beach issued RFLI No. 62-94/96 seeking professional services for the Master Planning of tvfiscellaneous Improvements at Various Sites included in the City of Miami Beach Parks and Recreation Bond program. It is the intent of the Master Plan to provide a comprehensive overview and specific guidelines in implementing subsequent design and construction phases. The Master Plan shall include, but will not necessarily be limited to the following components: Programming, Schematics, Standards, Phasing and Scheduling and Community Meetings. The completed and approved Master Plan shall detail not only the proposed improvements at each site, but also standards for construction and equipment, phasing, project groupings and scheduling for implementation of subsequent architectural and development activities, as well as all usual and customary features contained in a parks and recreation master plan. A notice of Request for Letters of Interest (RFLI) was issued to 101 architectural firms on March 3, 1995. As a result, . 39 specifications were mailed, resulting in five (5) responses at the bid opening of March 30, J 995. Responses were received from the following firms: .Architectural Design Collaborative, Inc.lTne SW A Group: Berrnello, Ajamil & Partners, Inc.; Design Studios West; The Smith Korach Hayet Haynie Parmership, and Wallace Rober..s & Todd. Continued... AGE1'e'1>A ITnt R-'7-r=- 7 -/2 -~ DATE COMMISSION MEMOR-\...'ffiUM No. Page Two All five ftrms were invited for an oral presentation on May 8, 1995 before the selection committee which ultimately selected Bermello, Ajamil & Partners, Inc. as the recommended firm. On May 17, 1995 the City Commission authorized the Administration to enter into negotiations for award of contract with Bennello, Ajamil & Parmers, Inc. ANAL YSIS: Negotiations were conducted with Bermello, Ajamil & Partners, Inc. The original estimate submitted by BermeIlo, Ajamil & Partners, Inc. in their response to the RFLI requested a total fee of$523,045 for direct expenses and additional allowances for other required consultants. This total of$523,045 represents approximately 3.4% of the $15 million budget. Through diligent negotiations the Administration and Bermello, Ajamil & Partners, Inc. reduced the total project contract to $417,000, an overall reduction of SIll ,045. The agreed upon contract amount represents 2.8% of S 15 million bond program. The total contract will not exceed 5417,000 without obtaining additional authority from the City Commission. CONCLUSION: The City Administration recommends the Mayor and City Commission authorize the Mayor and City Clerk to execute the attached agreement with Bermeilo, Ajamil & Partners, Inc., in the amount of $417,000, for professional architectural services and other related professional services, as required for the Master Planning ofMisceilaneous Improvements at Various Parks and Recreation Bond Program Sites. KSI1s Attachment C:\... \COMMISION.1vfEM\BERMELLO.AGR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, flORIDA AND BERMEllO, AJAMIL & PARTNERS, INC. FOR PROFESSIONAL SERVICES FOR MASTER PLANNING OF MISCEllANEOUS IMPROVEMENTS AT VARIOUS PARKS AND RECREATION BOND PROGRAM SITES THIS AGREEMENT made this 23rd day of Augus t , 1995 by and between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal representatives, and assigns, and BERMELLO, A)AMll & PARTNERS, INC. (Consultant). SECTION 1 DEFINITIONS Agreement: This written Agreement between the City and the Consultant. City Manager: "City Manager" means the Chief Administrative officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Final Acceptance: "Final Acceptance" means notice from the City to the Consultant that the Fixed Fee: Project Coordinator: Proposal Documents: Risk Manager: Consu/tant's.Services are complete as provided in Section 2 of this Agreement. Fixed amount paid to the Consultant to allow for its costs and margin of profit. An individual designated by the City Commission to coordinate, direct and review on behalf of the City all technical matters involved in the Scope of Work and Services. Proposal Documents shall mean the a) Request for Letters of Interest No. 62-94/96 (RFLI No. 62-94/96) for Professional Services for Master Pldnning of Miscellaneous Improvements at Various Parks & Recreation Bond Program Sites, issued by the City, in contemplation of this Agreement, together with all amendments, and b) the Consultan(s proposal and response (Proposal) which is incorporated by reference in this Agreement and made a part hereof. The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. -2- Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement described in Section 2. Termination: Termination of Consultant Services as provided in Section 4.9 of this Agreement. Task: A discrete portion of the Scope of Services to be accomplished by the Consultant, as described in Section 2 below, if direded and authorized. SECTION 2 SCOPE OF WORK AND SERVICES REOUIRED The scope of work for this project to be performed by the Consultant is set forth in Exhibit "A," entitled "Scope of Services". (Services) SECTION 3 COMPENSA TlON 3.1 FIXED FEE Consultant shall be compensated for the Services performed herein on a fixed fee basis not to exceed Four Hundred Seventeen Thousand and 00/100 Dollars ($417,000), for providing the Services as set forth in Exhibit "A" hereto. -3- 3.2 METHOD OF PAYMENT Payment shall be made monthly to the Consultant pursuant to inVOIces or other. submissions by the Consultant which detail or represent the completion of those phases of the Project, as set forth in Exhibit "A". Specific milestones shall include the submission of an invoice documenting the completion of the proportion of the Services performed in each phase of the Project. All submissions shall contain a statement that the items set forth therein are true and correct and in accordance with the Agreement. Payments shall be made within 30 days of submission of the invoice or report to the City. SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care,. efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws and ordinances, including but not limited to applicable regulations of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. -4- 4.2 PUBLIC ENTITY CRIMES State of Florida Form PUR 7068, Sworn Statement under Sedion 287.133(3)(a) Florida Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by Consultant. 4.3 PROIECT MANAGEMENT The Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the City's Project Coordinator. 4.4 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for a period of six (6) months from the date of this Agreement. Provided, however, that as to any Additional Services requested by the City, within such six (6) month period, such services may be completed beyond such six (6) month period, and as mutually agreed to in writing by the parties, prior to their commencement. 4.5 TIME OF COMPLETION The Services to be rendered by the Consultant shall be commenced upon receipt of a written Notice to Proceed from the City subsequent to the execution of this Agreement, an"d Consultant shall adhere to the completion schedule as referenced by Exhibit "B" hereto. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by any circumstances beyond the reasonable control of the Consultant, including we~ther conditions or acts of God which render performance of the Consultant's duties impracticable. -5- 4.6 NOTICE TO PROCEED Unless directed by the City othervvise, the Consultant shall proceed with the work only upon issuance of a Notice to Proceed by the City. OWNERSHIP OF DOCUMENTS AND EOUIPMENT All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership 4.7 by the City. Any reuse shall be approved by the City. 4.8 INDEMNIFICA TlON Consultant agrees to indemnify and hold harmless, the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in Jawor in equity, which may arise or be alleged to have arisen from the negligent ads, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total Compensation to the Consultant for performance of this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. -6- The Consultant's obligation under this article shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. INSURANCE REOUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement and throughout the duration of this project the following 4.9 Insurance: 1. Consultant General Liability in the amount of $1,000,000.00. A certified copy of the Consultant's (and any sub-consultants') Insurance Policy must be filed and approved by the Risk Manager prior to commencement. 2. Workers Compensation & Employers Liability as required pursuant to Florida statute. 3. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverage must be given to the City's Risk Manager by the Consultant and hiS Insurance company. 4. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. 5. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will -7- be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Consultant is responsible for obtaining and submitting all insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B +" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portio.n of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. 4.9.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be gIven to the City at least thirty (30) days prior to termination, cancellation or redUction in coverage in the policy. 4.9.2 Certificates Unless directed by the City otherwise, the Consultant shall not commence any services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. -8- 4.10 FINAL ACCEPTANCE \Vhen the Consultant's Services have been completed, the Consultant shall so advise the City in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights to remedies available to the City under any other Section of this Agreement. 4.11 4.11. 1 TERMINATION. SUSPENSION AND SANCTIONS Termination for Cause If through any cause within the reasonable control of the Consultant, the Consultant shall fail to fulfill in a timely manner, or othervvise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after (10) days, the City, upon seven days notice to Consultant, may terminate this Agreement. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the Consultant and its subcontractors shall be properly delivered to the City and the City shall compensate the Consultant in accordance with Section 3 for all Services performed by the Consultant prior to Termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the City may reasonably withhold payments to the Consultant for the purposes of set off until such time as the exact amount of damages due the City from the Consultant is -9- determined. 4.11.2 Termination for Convenience of Citv The City may, for its convenience, terminate the Services then remaining to be performed at any time by giving written notice to Consultant of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination notice. In that event, all finished or unfinished documents and other materials as described in Section 2 shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this Section, the City shall compensate the Consultant for all Services actually performed by the Consultant and reasonable direct costs of Consultant for assembling and delivering to City all documents. Such payments shall be the total extent of the City's liability to the Consultant upon a Termination as provided for in this Section. 4.11.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.10.2. 4.11.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such Sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or susp~nsion of the Services, in whole or in part. In the event the City cancels or terminates the Services pursuant to this Section the rights and obligations of the parties shall -10- be the same as provided in Sedion 4.11.2. 4.11.5 Chan~es and Additions Each such change shall be direded by a written Notice signed by the duly authorized representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, any provision of this Agreement which is affected by said Notice. The City shall not reimburse the Consultant for the cost of preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. 4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement. 4.13 SUB-CONSULTANTS The City hereby consents to and approves the subcontracting of certain services to be performed by Consultant to, as set forth in Exhibit "A." The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub- consultants, and any other person or entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. 4.14 EOUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, -11- religion,ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex; age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgradir:1g, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.15 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the contract conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the . Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.16 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use. -12- No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.17 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the City. The Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Bermel/a, Ajamil & Partners, Inc. Attn: Willy Sermel/o 2601 South Bayshore Drive, 10th Floor Miami, Florida 33133 (305) 859-2050 TO CITY: Office of The City Manager Attn: Jose Garcia-Pedrosa, City Manager 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7010 -13- WITH COPIES TO: Office of the City Attorney Attn: Murray H. Dubbin, Interim City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.18 UTlGA TlON IURISDICTION Any litigation between the parties, arising of, or in connection with this Agreement, shall be initiated in the court system of the State of Florida. 4.19 ENTIRETY OF AGREEMENT . This writing and the Scope of Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and supersede.d hereby. The Scope of Services are hereby incorporated by reference into this Agreement to the extent that the terms and conditions contained in the Scope of Services are consistent with the Agreement. To the extent that any term in the Scope of Services is inconsistent with this Agreement, this Agreement shall prevail. -14- No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach. This Agreement, shall be governed by and construed according to the laws of the State of Florida. 4.20 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liab;lity 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 sum of $417,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $417/000 less the amount of all funds actually paid by the City to Consultant pursuant to this agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $417/000 which amount shall be reduced by the amount actually paid by the City to Consultant pursuant to this agreement, for any action or claim for breach Qf contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph 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. -15- . . 4.21 ARBfTRA TION Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, flORIDA ATTEST: BY:~ ;: City C er v FOR CONSULTANT: A TrEST: BERMEllO, AJAMll & PARTNERS, INC. ~~(IL1Ay: ~:~A~ C:\WPWIN60\WPDOCS\AGREEMNT.RJ^ \BERMEllO.SVS Corporate Seal FORM APPROVtD LEGAL DEPT. JC;;) 8y ~ Date "1 - I " . '1':' _ . ~