2001-24348 RESO
RESOLUTION No. 2001-24348
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FINDING AND DECLARING THE EXISTENCE OF A
VALID PUBLIC EMERGENCY AND APPROVING A WAIVER, BY 517THS VOTE,
OF THE COMPETITIVE BIDDING PROCESS AND AUTHORIZING THE AWARD
OF A CONTRACT, IN THE AMOUNT OF $101,840, TO CORZO, CASTELLA,
CARBALLO, THOMPSON AND SALMAN (C3TS), FOR ARCHITECTURAL,
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES REQUIRED
FOR THE EMERGENCY REPLACEMENT OF THE SIX OCEANFRONT
BATHROOM/CONCESSION FACILITIES LOCATED EAST OF COLLINS AVENUE
AT 21sT; 29TH; 46TH; 53RD; 64TH AND nND STREETS, RESPECTIVELY.
WHEREAS, the Administration has identified six beachfront restroom/concession
facilities, which are in critical need of replacement; and
WHEREAS, the subject facilities are located in the beachfront parks east of Collins
Avenue at nnd Street, 64th Street; 53'd Street; 46th Street; 29th Street; and 21'( Street; and
WHEREAS, the existing restroom and concession facilities at those locations are in an
extremely deteriorated condition; are not compliant with the Americans with Disabilities Act;
cannot be effectively secured; and are magnets for illicit activities; and
WHEREAS, the design and structural condition of the facilities is sufficiently poor
such that the cost to renovate the facilities and bring them up to code is prohibitive; and
WHEREAS, the facilities at 21st and 64th Streets were recently determined to be
unsafe structures and condemned by the City's Building Department; and
WHEREAS, the Mayor and City Commission previously appropriated $175,000 of
the proceeds from the General Obligation (GO) Bond Series 2000 for the replacement of the
29th Street facility and $750,000 of the proceeds from the Miami-Dade County Safe
Neighborhood Parks Bond Program (SNP) for the replacement of the other five facilities; and
WHEREAS, the architectural and engineering firm C3TS was subsequently awarded a
contract, in the amount of$6,500, to design prototype restroom and concession facilities for
the City's beachfront parks; and
WHEREAS, the schematic designs of the prototypical facilities have been completed
and the designs feature attractive modular units, which are standardized in design, user
friendly, low maintenance, resistant to vandalism and fully securable; and
WHEREAS, beach tourism is vital to the economic well being of our community and
the immediate availability of safe, clean and accessible restrooms and concession facilities is
vital to beach tourism; and
WHEREAS, the recent condemnation of two of the public restroom facilities has had a
negative effect on public health conditions, and the extremely deteriorated condition of the
remaining three poses a threat to public safety; and
WHEREAS, the SNP proceeds allocated for this project must be completely expended
by January 2002, or the funding will be revoked; and
WHEREAS, adhering to the City's standard competitive selection will not allow for
the completion of the new facilities prior to the deadline; and
WHEREAS, the Administration considers the afore stated health and safety issues; the
potential negative effects on tourism; and the impending financial deadline sufficient cause to
warrant the emergency replacement of these facilities; and
WHEREAS, Section 287.055 Florida Statutes, also known as the "Consultants
Competitive Negotiation Act" allows municipalities the discretion not to publicly bid
contracts, such as the immediate one, in cases of valid public emergencies; and
WHEREAS, additionally, pursuant to Section 2-367(e) of the City Code, the Mayor
and City Commission, upon written recommendation of the City Manager, may, by five-
sevenths vote, waive competitive bidding when the City Commission finds such waiver to be
in the best interest ofthe City.
NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a valid public
emergency exists and, by 5/7ths vote, the competitive bidding process is waived, and further,
the award of a contract, in the amount of $1 0 I ,840, to Corzo, Castella, Carballo, Thompson
and Salman, Inc., for architectural, engineering and construction management services
required for the emergency replacement of the six oceanfront bathroom/concession facilities
located east ofC?Uins Avenue at 21 "; 29th; 46'\ 53'd; 64th and 72"d Streets, is hereby approved.
Passed and Adopted this 18th day of April, 2001.
~OR
ATTEST:
~t PaA~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGI!
& FOR EXECUTlON
A fA 1110,.11 . ~- 11-0)
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami.beach.fl.uS
COMMISSION MEMORANDUM NO. 2..4- l - 0 I
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: April 18, 2001
FROM:
Jorge M. Gonzalez \ ,~
City Manager 0 v . !J
SUBJECT: A RESOLUTION OF THE MA YORAND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, FINDING AND DECLARING THE
EXISTENCE OF A VALID PUBLIC EMERGENCY AND APPROVING A
WAIVER, BY 517THS VOTE, OF THE COMPETITIVE BIDDING PROCESS
AND AUTHORIZING THE AWARD OF A CONTRACT, IN THE AMOUNT
OF $101,840, TO CORZO, CASTELLA, CARBALLO, THOMPSON AND
SALMAN (C3TS), FOR ARCHITECTURAL, ENGINEERING AND
CONSTRUCTION MANAGEMENT SERVICES REQUIRED FOR THE
EMERGENCY REPLACEMENT OF THE SIX OCEANFRONT BATHROOM!
CONCESSION FACILITIES LOCATED EAST OF COLLINS AVENUE AT
21ST; 29TH; 46TH; 53RD; 64TH AND nND STREETS, RESPECTIVELY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding in the amount of $82,982 is available from the Miami-Dade County Safe Neighborhood
Parks Bond Program and $18,858 from the General Obligation Bond Series 2000 Fund No. 373.
BACKGROUND
The Administration has identified six beachfront restroom/concession facilities, which are in critical
need of replacement. The subject facilities are located in the beachfront parks east of Collins Avenue
at nnd Street, 64th Street; 53rd Street; 46th Street; 29th Street and 21 "Street. The existing restroom and
concession facilities at those locations are in an extremely deteriorated condition; are not complaint
with the Americans with Disabilities Act; cannot be effectively secured; and are magnets for illicit
activities. The design and structural condition of the facilities is sufficiently poor such that the cost to
renovate the facilities and bring them up to code is prohibitive. In addition, the facilities at 21 st and
64th Streets were recently determined to be unsafe structures and condemned by the City's Building
Department.
-
AGENDA ITEM f1.-"l1
DATE Lt- - 1&-0 J
The Mayor and City Commission previously appropriated $750,000 of the proceeds from the Miami-
Dade County Safe Neighborhood Parks Bond Program (SNP) for the replacement offive restroom
facilities. In a companion item on this City Commission meeting agenda $175,000 of the proceeds
from the General Obligation (GO) Bond Series 2000 will be appropriated for the replacement of the
29th Street facility. On April 2, 2001, the GO Bond Oversight Committee voted unanimously to
recommend the appropriation of the $175,000 from the GO Bond Program for the replacement of the
29th Street facility.
The architectural and engineering firm C3TS was subsequently awarded a contract, in the amount of
$6,500, to design prototype restroom and concession facilities for the City's beachfront parks. The
schematic designs of the prototypical facilities have been completed. Their designs feature attractive
modular units, which are standardized in design, user friendly, low maintenance, resistant to vandalism
and fully securable. Schematic drawings of three of the prototypical designs are depicted below:
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Beach tourism is vital to the economic well being of our community, and the immediate availability of
safe, clean and accessible restrooms and concessions facilities is vital to beach tourism. The recent
condemnation of two of the public restroom facilities has had a negative effect on public health
conditions and the extremely deteriorated condition of the remaining four poses a threat to public
safety. Furthermore, the SNP proceeds allocated for this project must be completely expended by
January 2002 or the funding will be revoked. Adhering to the standard competitive selection will not
allow for the completion of the new facilities prior to the deadline. The Administration considers the
health and safety issues, the potential negative effects on tourism and the impending fInancial deadline
, sufficient cause to warrant the emergency replacement of these facilities.
Florida Statues Section 287.055, also known as the "Consultants Competitive Negotiation Act" allows
municipalities the discretion not to publicly bid contract, such as the immediate one, in cases of valid
public emergencies. Further, pursuant to Section 2-367(e) of the City Code, the Mayor and City
Commission, upon written recommendation of the City Manager, may, by five-sevenths vote, waive
competitive bidding when the City Commission finds such waiver to be in the best interest of the City.
In anticipation of this action, the Administration met with representatives ofC3TS on March 6, 2001,
to negotiate a fee proposal for the design, permitting and construction management services required
for the replacement of the six restrooms. At that meeting, preliminary agreement was reached on a fee
proposal which would provide the level of professional effort required to ensure that the six facilities
would be completed by the deadline, at a fee that was determined to be within the competitive market
range for a project of this size and complexity. However, at the request of the City Manager, a
subsequent meeting was held on April 9, 2001 at which, the City negotiated a 4.7% reduction in the
proposed Architectural and Engineering fees to be paid to C3TS. Based on the final fee proposal, the
$925,000 project budget will be allocated as follows:
$925,000
$101,840
$ 27,750
$ 38,500
$ 11,203
$ 10.000
$735,707
Total Project Budget
A&E and Construction Management Services
21" St.. Original Prototype Design A&E fee: 12.3% I $18,430
29"' St. - Original Prototype Design A&E fee: 8.9"/0 I $15,550
46"' St. - Repeat of29"' St. Design wi concession A&E fee: 7.8% I $11,810
53"' St. - Repeat of21" St. Design A&E fee: 7.8% I $11,810
64"' St. - Repeat of 29"' St. Design wi concession A&E fee: 8.1% I $12,130
72""St. - Repeat of 46"' St. Design wi schematic A&E fee: 8.2% I $12,260
Construction Management Services CM fee: 2.1% I $19,850
City Construction Administration
Environmental and Coastal Construction Permitting Allowance
Estimated Art in Public Places Allowance
Reimbursab1es Allowance
Net Construction Budget
On April 1 0,2001, the City's Historic Preservation Board deferred the City's request for a CertifIcate of
Appropriateness for Demolition for the 2151 and 29th Street facilities. The reasons for their deferral
included the desire to receive a citywide study of public restroom usage, an analysis of optimal
locations for future facilities, a history report on the architecture of the existing facilities and a survey
depicting the location of any historically significant landscaping adjacent to the existing facilities. It is
the Administration's position that both facilities are heavily used by residents and visitors and both are
located in areas which are more than a mile from the nearest alternative public restroom. Furthermore,
the staff of the City's Historic Preservation Division has opined that both facilities are non-contributing
utility buildings and void of any architectural significance. Because of the urgent nature of this project,
the issue regarding the appropriateness of the demolition of these two facilities located within City
rights-of-way will be presented to you, for your review and consideration, at the meeting scheduled for
May 16, 2001. All demolition and construction related activities at the 21 st and 29th Street locations,
will be delayed until after the Certificate of Appropriateness for Demolition of the facilities has been
approved. No funds will be expended for architectural services for these facilities until the City
Commission review on May 16th.
Therefore, because of the valid public emergency that exists and the integral involvement of the firm
C3TS in the development of the new facilities, the Administration recommends that the Mayor and
City Commissioners waive the competitive selection process and authorize the award of a contract to
C3TS for the design, engineering and construction management services required for the development
of the six new beachfront facilities, to ensure that the construction of all six will be completed by the
end of the year.
JMG~GLiiI
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
CORZO, CASTELLO, THOMPSON AND SALMAN (C3TS)
FOR
PROFESSIONAL ARCHITECTURAL, ENGINNERING AND
CONSTRUCTION MANAGEMENT SERVICES
FOR THE
REPLACEMENT OF FIVE OCEANFRONT BATHROOM/CONCESSION FACILITIES
LOCATED AT 21sT, 29TH, 46TH, 53RD, AND 64TH STREETS.
MAY 2001
>
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City of Miami Beach, Beach Front Bathroom Replacement
May 200 I
TABLE OF CONTENTS
DESCRIPTION
ARTICLE I DEFINITIONS
1.1 City
1.2 City Commission
1.3 City Manager
1.4 Proposal Documents
1.5 Consultant
1.6 City's Project Coordinator
1. 7 Program Manager
1. 8 Basic Services
1.9 The Project
1.9.1 The Project Cost
1.9.2 The Project Scope
1.10 Construction Cost
1.10.1 Construction Cost Budget
1.10.2 Statement of Probable Construction Cost
1.11 Force Majeure
1.12 Contractor
1.13 Contract Documents
1.14 Contract for Construction
1.15 Construction Documents
1.16 Change Order
1.17 Additional Services
1.18 Work
1.19 Services
1.20 Base Bid
1.21 Schedules
1.22 Consultant Service Order
PAGE
2
2
2
2
2
2
2
3
3
3
3
3
4
4
4
4
5
5
5
5
5
6
6
6
6
6
7
ARTICLE 2.
2.5
2.6
2.7
2.8
2.9
2.9
2.11
BASIC SERVICES
Planning Services
Services
Bidding and Award Services
Construction Phase Services
Additional Services
Responsibility for Claims and Liabilities
Time
7
8
8
8
8
9
9
9
ARTICLE 3. THE CITY'S RESPONSffiILITIES
14
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
17
ARTICLE 5. ADDITIONAL SERVICES
18
ARTICLE 6. REIMBURSABLE EXPENSES
20
ii
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City of Miami Beach, Beach Front Bathroom Replacement
May 200 I
ARTICLE 7. COMPENSATION FOR SERVICES
21
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
23
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
23
ARTICLE 10. TERMINATION OF AGREEMENT.
10.1 Default and Right to Terminate
10.2 Termination for Cause
10.3 Termination for Convenience
lOA Termination by Consultant
10.5 Implemen1ation of Termination
10.6 Non-Solicitation
23
23
24
25
25
25
26
ARTICLE 11. INSURANCE
26
ARTICLE 12. INDEMNIFICATION
27
ARTICLE13. VENUE
28
ARTICLE 14. LIMITATION OF LIABILITY
28
ARTICLE 15. MISCELLANEOUS PROVISIONS
29
ARTICLE 16. NOTICE
31
SCHEDULES
SCHEDULE "A" -CONSULTANT SERVICE ORDER
SCHEDULE "B" - CONSULTANT COMPENSATION
SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE
SCHEDULE "D" - PROJECT SCHEDULE
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City of Miami Beach, Beach Front Bathroom Replacement
May 2001
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULT ANT
CORZO, CASTELLA, CARBALLO, THOMPSON AND SALMAN (C3TS)
FOR PROFESSIONAL
ARCHITECTURAL, ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES
This Agreement made and entered into this _ day of , 200 I, by and between
the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the Stale of
Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida, 33139, and CORZO, CASTELLA, CARBALLO, THOMPSON,
and SALMAN (C3TS), 901 Ponce de Leon Blvd., Suite 900, Coral Gables, FL 33134
(hereinafter referred to as Consultant).
WIT NE SSE T H:
WHEREAS, the City intends to undertake a project within the City of Miami Beach,
which is more particularly described in Schedule "A", attached hereto (the Project), and wishes
to engage the Consultant to provide architectural, engineering and/or construc1ion management
services for the Project at the agreed fees as set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of
architectural, and/or engineering and related professional services relative to the Project, as
hereinafter set forth, including: planning, design, bidding and construction management services,
all as hereinafter stipulated.
NOW THEREFORE, City and Consultan1, in consideration of1he mutual covenan1s and
agreements herein contained, agree as follows:
City of Miami Beach, Beach Front Bathroom Replacement
May 2001
ARTICLE 1. DEFINITIONS
1.1 CITY The "City" shall mean 1he 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 governmg 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
designees, including a Project Coordinator, and shall serve as 1he City's represen1ative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant.
1.4 PROPOSAL DOCUMENTS "Proposal Documents" shall mean the Consultan1's
proposal submitted in contemplation of this Agreement, which is incorporated by
reference in this Agreement and made a part hereof; provided, however, that in the event
of an express conflict between the Proposal Documents and this Agreement, this
Agreement shall prevail.
1.5 CONSULTANT The "Consultant" is herein defined as Corso, Castella,
Carballo, Thompson and Salman (C3TS), a Florida corporation having principle offices
at 901 Ponce de Leon Blvd., Suite 900, Coral Gables, FL. 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. Any subconsultants
retained by Consultant pursuant to this Agreement and the Project shall be subject to
prior written approval of the City.
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City of Miami Beach. Beach Front Bathroom Replacement
May 2001
1.6 CITY'S PROJECT COORDINATOR The "City's Project Coordinator"
shall mean the individual appointed by the City Manager who shall be the City's
authorized representative to coordinate, direct, and review on behalf of the City, all
matters related to the Project, except as olherwise provided herein.
1.7 BASIC SERVICES "Basic Services" shall include the architectural and/or
engineering services, as required, for the planning, design, bidding/award, and
construction management for the Project, as described in Article 2 herein and in Schedule
"A" entitled "Consultant Service Order", attached hereto.
1.8 PROJECT The "Project" shall mean that City Capital Project that has been
approved by the City Commission and as described in Schedule "A" attached hereto.
1.8.1 PROJECT COST The "Project Cost", as established by the City, shall mean
the total cost of the Project to the City including: Construction Cost, professional
compensation, land cost, if any, financing cost, materials testing services, surveys,
contingencies and other miscellaneous costs.
1.8.2 PROJECT SCOPE The "Project Scope" shall mean the description of the
Project contained in Schedule A attached hereto.
1.9 CONSTRUCTION COST The "Construction Cost" for the Project shall mean
the sum which is the total cost or estimated cost to the City of all elements of the Project
designed or specified by the Consultant and approved by the City, including, at current
market rates (with a reasonable allowance for overhead and profit), the cost of labor and
materials and any equipment which has been designed, specified, selected or specifically
provided for by the Consultant and approved by the City, and 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 construction cost for rehabilitation
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City of Miami Beach, Beach Front Bathroom Replacement
May 200 I
of historic buildings, and not including the compensation of the Consultant and any
subconsultants, the cost of land, rights-of-way, surveys, testing, or other reimbursable
expenses. For Work not constructed, the Construction Cost shall be 1he same as the
lowest bona fide bid or competitive bid received and accepted from a responsible bidder
or proposer for any and all of such Work.
1.9.1 CONSTRUCTION COST BUDGET The "Construction Cost Budget"
shall mean an amount budgeted by the City for Construction Cost, as specified in the
Consultant Service Order in Schedule "A" attached hereto.
1.9.2 STATEMENT OF PROBABLE CONSTRUCTION COST The
"Statement of Probable Construction Cos1" shall mean a forecast of Construction Cost
prepared by the Consultant, as defined in attached Schedule "A" entitled "Consultant
Service Order", for the guidance of the City. For Work which bids or proposals have not
been let, the Construction Cost shall be the same as the latest Statement of Probable
Construction Cost. The City shall have the righ1 to verify the Statement of Probable
Construction Cost or detailed cost estimate by the Consultant.
1.10 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 and having a substan1ial impact on
the Project; other causes beyond 1he parties' control; or by any other such causes which
the Consultant and the City decide in writing justify 1he delay; provided, however, that
market conditions, labor conditions, construction industry price trends and similar matters
which normally impact on the bidding process shall not be considered a Force Majeure.
1.11 CONTRACTOR / CONTRACTORS "Contractor" or "Contractors" shall mean
those persons or entities responsible for performing the Work or providing the materials,
supplies and equipment identified in 1he bid and Construction Documents for the Project.
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City of Miami Beach, Beach Front Bathroom Replacement
May 200 I
1.12 CONTRACT DOCUMENTS
"Contract Documents" shall mean this
Agreement; the Agreemen1 between City and Con1ractor; Conditions of the Con1ract
(General Supp1emen1ary and olher Conditions); Construc1ion Documents; and addenda
issued prior to execution of the Contract for Construction. A Modification is one of the
following: (1) written amendment to the Contract for Cons1ruction signed by both parties;
(2) an approved Change Order; (3) a Construction Change Directive; or (4) a written
order for a minor change in the Work issued by the Consultant.
1.13 CONTRACT FOR CONSTRUCTION "Con1ract for Construction" shall mean
a legally binding agreement with Contractors.
1.14 CONSTRUCTION DOCUMENTS "Construction Documents" shall mean the
final plans, specifications, drawings, documents and diagrams submitted by the
Consultant pursuant to Schedule "A" and approved by the City.
1.15 CONTRACT AMENDMENT "Contract Amendment" shall mean the written
order to the Contractor approved by the City, as specified in 1his 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 and/or
completion dates, as applicable. Con1rac1 Amendments shall be approved by the City
Commission, if they exceed twenty-five thousand dollars ($25,000.00), or the Ci1y
Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other
such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contrac1 Amendments for less than twenty-five thousand
($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of
the City Commission for the approval of any such Contract Amendment.
1.16 ADDITIONAL SERVICES "Additional Services" shall mean those services
described in Article 5 herein, which have been duly authorized in writing by the City
Manager prior to commencement of same.
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City of Miami Beach, Beach Front Bathroom Replacement
May 2001
1.17 WORK "Work" shall mean the work to be performed on the Project by the
Contractor, pursuant to the applicable Construction Documents, whether completed or
partially completed, and includes labor and materials, equipment, and services provided,
or to be provided, by the Contractor to fulfill i1s obligations.
1.18 SERVICES "Services" shall mean the services to be performed on the Project by
the Consultant pursuant to this Agreement, whether completed or partially completed,
and includes other labor and materials, equipment and services provided, or to be
provided, by Consultant to fulfill its obliga1ions herein.
1.19 BASE BID "Base Bid" shall mean the elemen1s contained in the Construction
Documents recommended by the Consultant and approved by the City as being within the
Construction Cost Budget pursuant to the Statement of Probable Construction Cost
provided by Consultant. "Base Bid" shall not include "Additive Alternates" or
"Deductive Alternates".
1.20 SCHEDULES "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
Schedule A - Consultant Service Order
Schedule B - Consultant Compensation: The schedule of compensation to the Consultant
for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional
Services, as submitted by the Consultant and approved by the City.
Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates
to the Consultant as submitted by the Consultant and approved by the City.
Schedule D - Project Schedule.
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City of Miami Beach, Beach Front Bathroom Replacement
May 2001
1.21 CONSULTANT SERVICE ORDER "Consultant Service Order" shall mean the
Project Scope as described in Schedule "A", together with the Basic Services and any
Additional Services approved by the City, as described in Articles 2 and 5, respectively
herein.
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project as set forth hereafter.
The Services for this Project will be performed by 1he Consultant upon receipt of a
written Notice to Proceed issued by the City Manager, or his designee-Consultan1 shall
countersign the Notice to Proceed. Note that a separate Notice to Proceed is required for
commencement of each Phase, as discussed in attached Schedule "A" entitled
"Consultant Service Order".
2.2 The Consultant's Basic Services shall consist of five Phases (inclusive of
planning, design, bidding/award, construction administration and additional services) as
described in attached Schedule A "Consultant Service Order".
2.3 The Consultant shall coordinate with subconsultants and other consultants, and
conform to all applicable building codes and regulations. Consultant, as it relates to its
Services, represents and acknowledges to the City that it is knowledgeable of codes, rules
and regulations applicable in the jurisdictions in which the Project is located, including
without limitation, local ordinances and codes (City of Miami Beach and Miami-Dade
County), Florida Statues, Administrative rules and regulations (including without
limitation grant and regulations of the Florida Department of Transportation ["FDOT"]),
and Federal laws, rules and regulations. The Consultant agrees to comply with all such
laws, codes, rules, and regulations now in effect, and as may be amended or adopted at
any time during the term of this Agreement, and shall further take into account all known
pending changes to the foregoing, of which it should reasonably be aware. The
Consultant shall insert the provisions of all required codes into the Contract Documents.
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City of Miami Beach. Beach Front Bathroom Replacement
May 200 1
2.4 The Consultant expressly agrees that all of its duties, services and responsibilities
under this Agreement shall be performed in accordance with the standard of care
normally exercised in the design of projects of 1his na1ure in South Florida. In addi1ion,
Consultant represents that it is experienced and fully qualified to perform the Services
con1emplated by this Agreement, and that it is properly licensed pursuant to the
applicable laws, rules and regulations to perform such Services. Consultant warrants that
it shall be responsible for the technical accuracy of it Contract Documents.
2.5 PLANNING SERVICES: Consultant shall perform Planning Services as noted
in attached Schedule "A" entitled "Consultan1 Service Order".
2.6 DESIGN SERVICES: Based on the approved Planning documents developed
under Article 2.5, Consultant shall prepare Design Documents, as no1ed in attached
Schedule "A" entitled "Consultant Service Order".
2.7 BIDDING AND AWARD SERVICES Consultant shall provide bidding and
award services as noted in attached Schedule "A" entitled "Consultant Service Order".
2.8 CONSTRUCTION PHASE SERVICES Consultant shall furnish cons1ruction
phase services as noted in attached Schedule "A" entitled "Consultant Service Order".
2.9 ADDITIONAL SERVICES
Consultant shall provide Additional Services as noted in attached Schedule "A" en1itled
"Consultant Service Order".
2.10 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the Ci1y
shall not constitute nor be deemed a release of the responsibility and liability of the
Consultant, its employees, subcontractors, agents and consultants for the accuracy and
competency of their designs, working drawings, specifications or other documents and
services; nor shall such approval be deemed to be an assumption of such responsibili1y by
the City for a defect, error or omission in designs, working drawings, specifications or
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City of Miami Beach, Beach Front Bathroom Replacement
May 2001
other documents prepared by the Consultant, its employees, subcontractors, agents and
consultants. However, the Consultant shall be entitled to reasonably rely upon the
accuracy and validity of written decisions and approvals rendered by the City and its
employees.
2.11 TIME It is understood that time is of the essence in the completion of this
Project, and in this respect the parties agree as follows:
2.12 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 ofthe Work.
2.13 The parties agree that the Consultant's Services during all phases of this Project
will be performed in a manner that shall conform with the approved Project Schedule,
which is attached to this Agreement as Schedule "D". The Consultant may submit
requests for an adjustment to the Project Schedule, made necessary by undue time taken
by the City to approve the Consultant's submissions, and/or excessive time taken by the
City to approve the Services or parts of the Services. The City shall not unreasonably
refuse to approve such adjustment(s) to the Project Schedule if the request is made in a
timely manner and is fully justified.
2.14 In providing the Services described in this Agreement, the Consultant shall use its
best efforts to maintain, on behalf of the City, a constructive, professional, cooperative
working relationship with the Contractor( s), and others that have been contrac1ed to
perform Services and / or Work pertaining to the Project. While the Services to be
provided by Consultant under this Agreement will be provided under the general
direction of the City's Program Coordinator, it is the intent of this Agreement to allow the
Consultant to coordinate the performance of all design and construction work to the
extent such coordination by the Consultant is permitted by the Contract Documents.
2.15 It is further the intent of this Agreement that the Consultant shall perform its
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City of Miami Beach, Beach Front Bathroom Replacement
May 200 I
2.15 It is further the intent of this Agreement that the Consultant shall perform its
duties under this Agreement in a competent, timely and professional manner and 1hat it
shall be responsible to the City for any failure in its performance except to the extent that
acts or omissions by the City or others make such performance impossible.
2.16 Whenever during 1he term of this Agreement, others are required 10 verify,
review, or consider any work performed by Consultant, including but not limited to the
design professionals, Contrac10rs, and 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 public projects; or which are
inconsistent with applicable laws, codes, ordinances, and regulations; or which are
inconsistent with standards or decisions provided in writing by the City's Program
Coordinator. Consultant will use reasonable care and skill in accordance with and
consistent with customary professional standards in responding to items identified as
discrepancies, errors and omissions by others. Consultan1 shall receive comments from
reviewers 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 construed to
mean as soon as possible under the circumstances, taking into account the requirements
of the Project Schedule.
2.17 The City shall have the right at any time, and in its sole and absolute discretion, to
submit for review to consul1ing engineers or consulting architec1s or other consultan1s,
engaged by the City at its own expense for that purpose, any or all parts of the work
performed by the Consultant, and the Consultant shal1 cooperate ful1y in any such
reasonable review at the City's request.
2.18 Consultant agrees to certify and warrant (as per section 2.19) estimates of
Construction Cost prepared by Consultant. Said certifications shall be in a form approved
by the City.
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City of Miami Beach. Beach Front Bathroom Replacement
May 2001
2.19 Consultant represents to City that all evaluations of the City's Project budget,
Consultant generated Statement of Probable Construction Cost and detailed estimated
represent Consultant's best judgment as a design professional familiar with the
construction indus1ry. Consultant cannot and does no1 guarantee that bids or negotiated
prices will not vary from any es1imate of Construction Cost or evaluation prepared or
agreed to by Consultant.
2.20 Consultant agrees that, when 1he Services to be provided hereunder rela1e to a
professional service which, under Florida Statutes, requires a license, certification of
authorization, or other form of legal entitlement to practice such services, it shall employ
and/or retain only qualified personnel to provide such services.
2.21 Consultant agrees to employ and designate in writing, within five (5) calendar
days after receiving its initial Notice to Proceed, a qualified licensed professional to serve
as the Consultant's project manager (herein after referred to as "Project Manager"). The
Project Manager shall be au1horized and responsible to act on behalf of Consultant with
respect to directing, coordinating and administrating all aspects of Services to be
provided and performed under this Agreement. The person selected by Consultant to
serve as Project Manager shall be subject to approval and acceptance by City.
Replacement (including reassignment) of said Project Manager shall not be made without
the prior written approval ofthe City.
2.22 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
to do such from City, to promptly remove and replace Project Manager, or any olher
personnel employed or retained by Consultant, or any subconsultant or subcontrac10rs
engaged by Consultant, which request may be made by City with or without stating its
cause.
2.23 Consultant herein represents to City that it has expertise m the type of
professional services that will be performed and pursuant to this Agreement. Consultant
agrees that all Services to be provided by Consultant pursuant to this Agreement shall be
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City of Miami Beach, Beach Front Bathroom Replacement
May 2001
accepted standards of professional practice III the State of Florida, as well as in
accordance with all published laws, statutes, ordinances, codes, rules, regulations and
requirements of any governmental agencies having jurisdiction over the Project or the
Services to be performed by Consultant hereunder. In the event of any conflicts in these
requirements, Consultant shall notify City of such conflict and utilize its best professional
judgement to advise City regarding resolution of each such conflict.
2.24 Consultant agrees not to divulge, furnish or make available to any third person,
firm or organization, with City's prior written consent, or unless incident to the proper
performance of Consultant's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-
public information concerning Services to be rendered by Consultant hereunder, and
Consultant shall require its employees, agents, subconsultants and subcontractors to
comply with the provisions ofthis paragraph.
2.25 The City and Consultant acknowledge that the Consultant Service Order does not
delineate every detail and minor work task required to be performed by Consultant to
complete the Project. If, during the course of the performance of the Services
contemplated in this Agreement, Consultant determines that work should be performed to
complete the Project which is, in the Consultant's opinion, outside the level of effort
originally anticipated, whether or not the Consultant Service Order identifies the work
items, Consultant shall notify the City's Project Coordinator, in writing, in a timely
manner, and obtain said Project Coordinator's written consent, before proceeding with the
work. The City's Project Coordinator must comply with Contract Amendment processing
requirements as outlined in Article 1.15, prior to issuance of any written authorization to
proceed with additional Services to Consultant. If Consultant proceeds with additional
Services without notifying and obtaining the consent of the City's Project Coordinator,
said work shall be deemed to be within the original level of effort, and deemed included
as a Basic Service herein, whether or not specifically addressed in the Consultant Service
Order. Notice to the City's Project Coordinator does not constitute authorization or
approval by the City to perform the work. Performance of work by Consultant outside
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City of Miami Beach, Beach Front Bathroom Replacement
May 200 I
approval by the City to perform the work. Performance of work by Consultant outside
the originally anticipated level of effort withou11he prior written consen1 of 1he City shall
be at Consultant's sole risk.
2.26 Consultant shall establish and maintain files of documents, letters, reports, plans,
etc. pertinent to the Project. Consultant shall provide City with a copy of applicable
Project correspondence for Ci1y to file in its filing system. In addition, Consultant shall
provide electronic Project documents files 10 the Ci1y, at the completion of the Project.
2.27 It is further the intent of this Agreement that the Consultant shall perform its
duties under this Agreement in a competent, timely and professional manner and that it
shall be responsible to the City for any failure in its performance except to the ex1en1 that
acts or omissions by the Ci1y or others make such performance impossible.
2.28 In the event Consultant is unable to timely complete the Projec1 because of delays
resulting from untimely review by City or other governmental authorities having
jurisdiction over the Project or such delays which are caused by factors outside the
control of Consultant, Consultant shall provide City with immediate written notice stating
the reason for such delay and a revised an1icipated schedule of completion. City, upon
review of Consultant's submittal and such other documentation as the City may require,
may grant a reasonable ex1ension of time for comple1ion of the Project and may provide
reasonable compensation, if appropriate.
2.29 The Consultant covenants with the City to furnish its Services hereunder properly,
in accordance with the standards of its profession and in conformance with all
construction, building and health codes and other applicable Federal, State and local
rules, regulations and laws, of which it should reasonably be aware, throughout the term
of this Agreement. The City's participation in the design and construction of any Project
in no way relieves the Consultant of its professional duties and responsibilities under
applicable law and under the Contract Documents
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City of Miami Beach, Beach Front Bathroom Replacement
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ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Coordinator to ac1 as the Ci1y's
representative with respect to services to be rendered under this Agreement (herein after
referred to as Project Coordinator). The Project Coordinator shall have authority to
transmit instructions, receive information, interpret and define City policies and decisions
with respect to Consultant's Services on this Project. However, the Project Coordinator is
not authorized to issue any verbal or written orders or instructions to Consultant thai
would have the effect, or be interpreted to have the effect, of modifying or changing in
any way whatsoever, unless approved by the City Manager and/or City Commission in
compliance with Article 1.15 requirements, including but not limited to the following:
a) The Consultant Service Order to be provided and performed by Consultant
hereunder;
b) The time the Consultant is obligated to commence and complete all such
Services; or
c) The amount of compensation the City IS obligated or committed to pay
Consultant.
3.2 The City shall assist Consultant by placing at Consultant's disposal all
information City has available pertinent to the Proj ect, including previous reports and any
other data relative to design or construction of the Project. It shall be fully understood
that City, in making such reports, site information, and documents available to the
Consultant is in no way certifying representing and/or warranting as to the accuracy or
completeness of such data, including any information provided in the City's Reques1 for
Qualifications and backup documentation thereto. Any conclusions or assumptions
drawn through examination thereof shall be the sole responsibility of the Consultant and
subject to whatever measure it deems necessary to final verification essential to its
performance under this Agreement. Additional work required due to inaccurate,
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City of Miami Beach, Beach Front Bathroom Replacement
May 2001
incomplete or incorrect information supplied by the City may be undertaken by the
Consultant as an Additional Service to this Agreement. Consultant shall notify the City's
Program Coordinator, in writing, in a timely manner and obtain said Program
Coordinator's written consent, before proceeding with the work. If Consultant proceeds
with the additional services without notifying and obtaining the consent of the City's
Program Coordinator, said work shall be deemed to be within 1he original level of effort
and deemed included as a Basic Service herein.
3.3 The City has established a Construction Cost Budget for the Project, as stated in
Schedule "A".
3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance
counseling services as may be required at any time for the Project, including such
auditing services as the City may require to verify the Consultant's applications for
payment or to ascertain that Consultant has properly remitted payment due to
subconsultants or vendors working on this project for which Consultant has received
payment from the City.
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 shall give prompt
written notice thereof to the Consultant.
3.6 The City shall furnish required information and services and render approvals and
decisions in writing as expeditiously as necessary for the orderly progress of the
Consultant's Services and of the Work. No approvals required by the City during the
various phases of the Project shall be unreasonably delayed or withheld; provided that the
City shall at all times have the right to approve or reject any proposed submissions of
Consultant 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
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City of Miami Beach. Beach Front Bathroom Replacement
May 2001
Agreement.
3.7.1 The City Commission shall be 1he body to consider, comment upon, or approve
any amendments or modifications to this Agreement, except when noted otherwise (i.e.,
where delegated to the City Manager or his designee) in this Agreement.
3.7.2 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 1herein and
any subcontracts made pursuant to this Agreement. Assignment and transfer shall be
defined to include sale of the majority of the stock ofa corporate Consultant.
3.7.3 All required City Commission approvals and authorizations shall be expressed by
passage of an appropriate enabling resolution and, if an amendment, by 1he execution of
an appropriate amendment to this Agreement.
3.7.4 The City Commission shall hear appeals from the administrative decision of the
City Manager's appointed designee(s), upon the Consultant's written request, in which
case the Commission's decision shall be final.
3.7.5 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 The City Manager or his designee(s) shall serve as the City's representative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant. These authorizations shall include, without limitation: reviewing, approving,
or otherwise commenting upon the schedules, plans, reports, estimates, contracts and
other documents submitted to the City by the Consultant.
3.8.1 The City Manager shall decide, in his professional discretion, matters arising
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City of Miami Beach, Beach Front Bathroom Replacement
May 200 I
pursuant to this Agreement which are not otherwise expressly provided for in this
Agreemen1, and shall attemp1 10 render administra1ive decisions promptly to avoid
unreasonable delay in the progress of the Consultant's services. The City Manager, in his
administrative discretion, may consult wi1h the Ci1y Commission concerning dispu1es or
matters arising under this Agreement regardless of whether such matters or disputes are
enumera1ed herein.
3.8.2 The City Manager shall be authorized, but no1 required, at the request of the
Consultant, to reallocate monies already budgeted 10ward payment of the Consultant,
provided, however, that the Consultan1's compensation or other budgets established by
this Agreement cannot be increased.
3.8.3 The Ci1y Manager, or his designee, shall be the sole representa1ive of the City
authorized to issue a No1ice to Proceed, as referenced in attached Schedule "A" entitled
"Consultant Service Order".
3.8.4 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) and which do
not increase any of the budgets established herein.
3.8.5 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.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The Construction Cost Budget, as established by the City and stated in Schedule
"A", shall not be exceeded without fully justifiable, extraordinary and unforeseen
circumstances, such as Force Majeure, which is beyond the control of the parties. Any
17
City of Miami Beach. Beach Front Bathroom Replacement
May 200 I
expenditure above this amount shall be subject to prior City approval by passage of an
enabling resolution and amendments to the appropriate agreements relative to the Project,
prior to any modification of the Construction Cost. Provided further, however, that even
in the event of a Force Majeure, as defined in Article 1.10, the City shall have no
obligation to exceed the Cons1ruction Cost Budge1 limitations established herein, and. if
such budget is exceeded, the Ci1y may, a1 its sole option and discretion, terminate this
Agreement without any further liability to 1he City.
4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more
than five percent (5%), the Ci1y Commission shall, at its sole discretion. have any of the
following options: (1) give written approval of an increase in the Construction Cost
Budget; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize
a renego1ia1ion of the Project within a reasonable time; (3) abandon the Project and
terminate the Consultant's Services for the Project covered by this Agreement. without
further liability to 1he City; (4) select as many Deductive Alternatives as may be
necessary to bring the award within the Construction Cost Budget; or (5) cooperate wi1h
the Consultant in reducing the Project scope, construction schedule, and sequence of
Work, as may be required to reduce the Construction Cost Budget. In the event the City
elects to reduce the Project Scope, the Consultant shall provide such revisions to the
Construction Documents, and provide rebidding services, as many times as reasonably
requested by the City, as a Basic Service, with no additional cost to the Ci1y, in order to
bring the bids within five percent (5%) of the Construction Cost Budget.
ARTICLE S. ADDITIONAL SERVICES
5.1 Addi1ional Services for this Project will only be performed by the Consultant
following receipt of a written authorization by the City Manager prior to commencement
of same. Such authorization shall contain a description of the Services required; an
hourly fee, as provided in Schedule "C" with an "Not to Exceed" amount on additional
Reimbursable Expenses (if any); the amended Construction Cost Budget (if applicable);
and an amended completion dale for 1he Project (if any). "Not to Exceed" shall mean the
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City of Miami Beach. Beach Front Bathroom Replacement
May 2001
maximum cumulative hourly fees allowable, which the Consultant shall not exceed
without specific written authoriza1ion from the City. The "Not to Exceed" amount is not a
guaranteed maximum cost for the services requested by the City and all costs applied to
such shall be verifiable through time sheet and reimbursable expense reviews.
5.2 The term "Additional Services" includes services involving the Consultant or any
subconsultants whether previously retained for the Services or not, or whether
participating as members with Consultant or not, subject to the City's right to previously
approve any change in the Consultants as set forth in this Agreement.
5.3 Additional Services may consist of the following:
5.3.1 Serving as an expert witness in connection with any public hearing, arbitration
proceeding or legal proceeding unless such preparation has arisen from the failure of the
Consultant to meet the Standard of Care set forth in Article 2.
5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated at the
City's request and outside the scope of the Work specified in the Construction
Documents, after commencement of1he Construction Phase.
5.3.3 Providing such other professional services to the City relative to the Project which
arise from subsequent circumstances and causes (excluding circumstances and causes
resulting from error, inadvertence or omission of the Consultant) which do not currently
exist or which are not contemplated by the parties at the time of execution of this
Agreement.
5.3.4 Assistance in connection with bid protests, rebidding or renegotiating contracts
for construction, materials, equipment or services, except as otherwise expressly provided
for herein.
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City of Miami Beach. Beach Front Bathroom Replacement
May 2001
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are in addition to the compensation for Basic and
Additional Services and include actual expenditures made by the Consultant and the
Consultant's employees and consultants in the in1erest of the Project. All Reimbursable
Expenses pursuant to this Article, in excess of $500, must be authorized in advance by
the City's Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be
submitted by the Consultant to the City, along with supporting receipts, and other back-
up material reasonably requested by the City, and Consultant shall certify as to each such
invoice that the amounts and items claimed as reimbursable are "true and correct and in
accordance with the Agreement".
6.2 Expenses subject to reimbursement in accordance with the above procedures may
include the following:
6.2.1 The cost of testing or investigation of underground utilities, if authorized by the
City's Project Coordinator.
6.2.2 Expense of reproduction, postage and handling of drawings, specifications and
other documents, excluding reproductions for the office use of the Consultant and sub-
consultants. Courier and postage between the Consultant and its sub-consultants are not
reimbursable.
6.2.3 Expenses for reproduction and the preparation of graphics for community
workshops
6.2.4 Fees for all necessary City issued permits shall be paid directly by City.
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City of Miami Beach, Beach Front Bathroom Replacement
May 200 I
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee
listed in Schedule "B" for Basic Services, based on 1he "Hourly Rate Schedule" presented
in Schedule "C". Payments for Basic Services shall be made within thirty (30) calendar
days of receipt and approval of an acceptable invoice by the City's Project Coordinator.
Note that payments shall be made in proportion to the Services performed in each Phase
so that the payments for Basic Services for each Phase shall not exceed the progress
percentage noted in the Consultant's Progress Schedule, submitted with each invoice. No
markup shall be allowed on subcontracted Basic Services.
7.2 Additional Services authorized in accord with Article 5 will be compensated
using the hourly rates forth in Schedule "C". Request for payment of Additional Services
shall be included with the monthly Basic Services payment request noted in Article 7.1
above. All Additional Services must be approved by the City's Project Coordinator prior
to commencement of same as noted in Article 5. Under no circumstances shall the "No1
to Exceed" amount noted in Schedule "B" be exceeded without prior written approval
from the City's Project Coordinator. No markup shall be allowed on subcontracted
Additional Services, except as approved by the City's Project Coordinator prior to same.
7.3 Reimbursable Expenses, as defined in Article 6, shall be paid up to the "Not to
Exceed" amount noted in Schedule "B". Request for payment of Reimbursables shall be
included with the monthly Basic Services payment request noted in Article 7. Proper
backup must be submitted with all reimbursable requests. No markup or administrative
charges shall be allowed on Reimbursable Expenses.
7.4 The City and the Consultant agree in accordance with the terms and conditions of
this Agreement that:
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City of Miami Beach, Beach Front Bathroom Replacement
May 2001
7.4.1 If the scope of the Project or the Consultant's Services is changed substantially
and materially, the amount of compensation may be equitably adjusted by mutual
agreement of the parties.
7.4.2 Commencing on October I, 2002, the Hourly Billing Rate Schedule shown in
Exhibit "C" may be adjusted annually based upon the Miami - Fort Lauderdale
Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor
Slatistics. Such adjustment shall be ca1cula1ed by multiplying the ratio of the April index
divided by the previous year's index by the Hourly Rate Schedule to define the new
Hourly Rate Schedule; The maximum increase will be limited to three percen1 (3%).
7.5 No retainage shall be made from the Consultant's compensation on account of
sums withheld from payments to Contractors.
7.6 Method of Billing and Payment With respect to all Services, Consultant shall
submit billings on a monthly basis in a timely manner. These billings shall identify the
nature of the work performed; the percentage complete and/or 1he total hours of work
performed by employee category and the respective hourly billing rate associated with
the employee category from the Hourly Rate Schedule, where such hourly work has been
authorized previously. In the event subconsultant work is accomplished utilizing the
lump sum method, the percentage of completion shall be identified. Billings shall also
itemize and summarize Reimbursables by category. Where written approval of the City
is required for Reimbursables, a copy of said approval shall accompany the billing for
such Reimbursable. When requested, Consultant shall provide backup for past and
current invoices that records hours for all Services by employee category and
reimbursable by category.
7.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of
Consultant's proper statement.
7.8 Final payment of the Consultant upon Project completion must be approved by
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City of Miami Beach, Beach Front Bathroom Replacement
May 2001
the Mayor and City Commission.
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
8.1 Consultant shall keep such records and accounts and reqUire any and all
Consultant and subconsultants to keep such records and accounts as may be necessary in
order to record complete and correct entries as to personnel hours charged to the Project,
and any expenses for which Consultant 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 Consultant in accordance with such statutes.
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
9.1 Electronic files of all documents, including, but not limited to, tracings, drawings,
estimates, specifications, investigations and studies completed or partially completed,
shall become the property of the City upon completion, termination, or abandonment of
the Project. Consultant shall deliver the above documents to the City within thirty (30)
days of completion of the Project, or termination of this Agreement, or termination or
abandonment of the Project. (Reference attached Schedule "A" entitled "Consultant
Service Order" for additional requirements).
9.2 Any re-use of documents by City without written verification or adaptation by
Consultant for the specific purpose intended will be without liability to Consultant.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination For Lack of Funds The City is a governmental entity and is subject to
23
City of Miami Beach. Beach Front Bathroom Replacement
May 2001
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 for the Project, 1he
Project may be abandoned or terminated, and the City may cancel 1his Agreement as
provided for herein without further liabili1y 10 the City.
10.2 Termination For Cause The City may terminate this Agreement for cause in 1he
event 1hat the Consultant (1) violates any provisions of this Agreement or performs same
in bad fai1h or (2) unreasonably delays 1he performance of the Services, upon notice to
the Consultant, in writing, seven (7) days prior 10 termination. In the case of termination
by the City for cause, the Consultant shall be granted a 1hirty (30) day cure period after
receipt of written notice from the City.
10.2.1 In the event this Agreement is terminated by the City for cause, the City, at its
sole option and discretion, may take over the Services and complete them by contracting
with another consultant(s) or otherwise. In such event, the Consultant shall be liable to
the City for any additional cost incurred by the City due to such termination. "Additional
Cost" is defined as the difference between the ac1ual cos1 of completion of such
incomplete Services, and the cost of completion of such Services which would have
resulted from payments to the Consultant hereunder had the Agreement not been
terminated.
10.2.2 Payment only for Services satisfactorily performed by the Consultant and
accepted by the City prior to receipt of a Notice of Termination, shall be made in
accordance with Article 7 herein and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 7.
10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly
assemble and submit to the City, as provided herein or as required in the written notice,
all documents, including drawings, calculations, specifications, correspondence, and all
other relevant materials affected by such termination.
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City of Miami Beach. Beach Front Bathroom Replacement
May 2001
10.2.4 In the event of a termination for cause, no payments to the Consultant shall be
made (1) for Services not satisfactorily performed and (2) for assembly of submittal of
documents, as provided above.
10.3 Termination For Convenience. The City, in addition to the rights and options to
Terminate for Cause, as set forth herein, or any olher provisions set forth in this
Agreement, re1ains the right to terminate this Agreement, at its sole option, at any time,
for convenience, without cause and wi1hout penalty, when in its sole discretion it deems
such termination is in the best interest of the City, upon notice to Consultant in writing
fourteen (14) days prior to termination. In 1he event City terminates Consultant's
services for its convenience, as provided herein, Consultant shall be compensated for all
Services rendered up to the time of receipt of said written termination notice, and for the
assembly and submittal to the City of documents for the Services performed, in
accordance with Article 7 herein, and the City shall have no further liability for
compensation, expenses or fees to 1he Consultant, except as set forth in Article 7.
10.4 Termination Bv Consultant. The Consultant may only terminate this Agreement
for cause in the event that the City willfully violates any provisions of this Agreement or
unreasonably delays payment for the Services, upon written notice to the City, thirty (30)
days prior to termination. In that event, payment for Services satisfactorily performed by
the Consultant and accepted by the City prior to receipt of a Notice of Termination shall
be made in accordance with Article 7 herein. In the case of termination by Consultant for
cause, the City shall be granted a thirty (30) day cure period after receipt of written notice
from the Consultant.
10.4.1 The Consultant shall have no righ1 to terminate this Agreement for convenience of
the Consultant.
10.5 Implementation Of Termination. In the event of termination, either for cause or
for convenience, the Consultant, upon receipt of the Notice of Termination, shall (1) stop
25
City of Miami Beach. Beach Front Bathroom Replacement
May 2001
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 subcon1rac1s except for any
that may be authorized, in writing, by the City, prior to their occurrence; (3) terminate all
orders and subcontracts to the exten1 that they relate 10 the performance of 1he Services
1erminated by 1he Notice of Termination; (4) promptly assemble and submit, as provided
herein, all documents for the Services performed, including drawings, calculations,
specifica1ions, 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.
10.6 Non Solicitation. The Consultant warrants that it has not employed or retained
any company or person, other than an employee working solely for the Consultant, to
solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company
or other person any fee, commission, gift or other consideration contingen1 upon the
execution of this Agreement. For breach or violation of this warranty, the City has the
right to 1erminate this Agreement wi1hout liabili1y to the Consultant for any reason
whatsoever.
ARTICLE 11. INSURANCE
11.1 The Consultant shall comply throughout the term of this Agreement with the
insurance requirements stipulated herein. It is agreed by the parties that the Consultant
shall not commence with work on this Project until satisfactory proof of 1he following
insurance coverage has been furnished to the City. The Consultant will maintain in effect
the following insurance coverage:
(a) Professional Liability Insurance in the amount of One Million
($1,000,000.00) Dollars per occurrence, with a maximum deductible of$150,OOO
per occurrence, $450,000 aggregate. Consultant shall notify City in writing
within thirty (30) days of any claims filed or made against the Professional
Liability Insurance Policy.
26
City of Miami Beach. Beach Front Bathroom Replacement
May 2001
(b) 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.
(c) Worker's compensation and employer's liability coverage within the
statutory limits ofthe State of Florida.
11.2 The Consultant must give thirty (30) days prior written notice of cancellation or
of substantial modifications in the insurance coverage, to the City Manager.
11.3 The insurance must be furnished by an insurance company rated B+:VI or better,
or its equivalent, according to Bests' Guide Rating Book and must additionally be
furnished by insurance companies duly authorized to do business in 1he State of Florida
and countersigned by the company's Florida resident agent.
11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all
insurance policies required above. City reserves the right to require a certified copy of
such policies upon request. All certificates and endorsements required herein shall state
that the City shall be given thirty (30) days notice prior to expiration or cancellation of
the policy.
ARTICLE 12. INDEMNIFICATION
12.1 In consideration ofa separate and specific consideration of$10.00 and other good
and valuable consideration the receipt of which is hereby acknowledged, the Consultant
hereby agrees to indemnify, defend and hold the City and its employees, agents and
authorized representatives harmless with respect to any and all costs, claims, damages
and liability which may arise out of the performance of this Agreement as a result of any
27
City of Miami Beach, Beach Front Bathroom Replacement
May 2001
negligent acts, errors or omission of the Consultant, or the Consultant's subconsultants, or
any other person or entity under the direction or control of Consultant. The Consultant
shall pay all claims and losses arising out of Consultant's negligent acts, errors or
omissions and shall defend all suits, in the name of the City, its employees, agents and
authorized representa1ives when applicable, including appellate proceedings, and shall
pay all costs, judgments and reasonable attorneys' fees which may issue thereon.
ARTICLE 13. VENUE
13.1 This Agreement shall be enforceable in Miami-Dade Coun1y, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein. Exclusive venue for the enforcement of same shall lie in
Miami-Dade County, Florida.
ARTICLE 14. LIMITATION OF LIABILITY
14.1 The City desires to enter into this Agreement only if in so doing the City can
place a limit on City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the amount of the fees for Services agreed upon under the terms of the
Agreement, less any amount(s) paid to Consultant thereunder. 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
the fee for Services agreed upon under the terms of the Agreement, less the amount of all
funds actually paid by the City to the Consultant
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to Consultant for damages in an
amount in excess of the amount of fee under any this Agreement, which amount shall be
reduced by the amount actually paid by the City to Consultant for any action or claim for
breach of contract arising out of the performance or non-performance of any obligations
28
City of Miami Beach, Beach Front Bathroom Replacement
May 2001
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.
ARTICLE 15. MISCELLANEOUS PROVISIONS
15.1 The laws of the State of Florida shall govern this Agreement.
15.2 Equal Ooportunitv Emplovment and SDBE 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 sexual orientation, race,
color, religion, sex, age, national origin, or disability. This provision shall include, but
not be limited to, the following: employment upgrading, demotion or transfer;
recruitment advertising, layoff or compensation; and selection for training, including
apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action
Policy.
15.3 Public Entitv Crimes Act. In accordance with the Public Entity Crimes Act
(Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has
been placed on the convicted vendor list following a 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 bids or 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. Violation of this
Section by Consultant shall result in cancellation and may result in Consultant's
debarment.
29
City of Miami Beach, Beach Front Bathroom Replacement
May 2001
15.4 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 olher than a bona fide employee working solely
for Consultant any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision, City shall have the right to terminate the Agreement without
liability at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
15.5 The Consultant represents that it has made and will make reasonable
investigation of all subconsultants to be utilized in the performance of work under this
Agreement to determine that they possess the skill, knowledge and experience necessary
to enable them to perform the services required. Nothing in this Agreement shall relieve
the Consultant of its prime and sole responsibility for the performance of the work under
this Agreement.
15.6 The Consultant, its consultants, agents and employees and sub contractors, shall
comply with all applicable Federal, State and County laws, the Charter, related laws and
ordinances of the City of Miami Beach, and with all applicable rules and regulations
promulgated by local, state and national boards, bureaus and agencies as they relate to
this Proj ect.
15.7 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered by Consultant, under any circumstances, without the prior written
consent of City.
15.8 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.
30
City of Miami Beach, Beach Front Bathroom Replacement
May 2001
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.
ARTICLE 16. NOTICE
16.1 All written notices given to City by Consultant shall be addressed to:
Jorge M. Gonzalez, City Manager
c/o Robert Middaugh, Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Bruce Henderson, Environmental Specialist, Project Coordinator
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
and
Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
Mr. Javier F. Salman
31
City of Miami Beach. Beach Front Bathroom Replacement
May 2001
Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
Mr. Javier F. Salman
Principal in Charge
Corzo, Castella, Carballo, Thompson, Salman, Inc.
901 Ponce de Leon Blvd., Suite 900
Coral Gables, FL 33141
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
32
City of Miami Beach, Beach Front Bathroom Replacement
May 2001
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
jltJ~t.RK ~ iUt&-
Witness
CONSULTANT
Corzo Castella Carballo Thompson Salman, P.A.
-
--.~'-.
~/III /14
gnature
e>r.~1.d
Date
Gei:l~ H. HDJlY\~'-I-
Print Name
rae Corzo. P.E.
Print Name of President
r.~ >tt.~
Signature
Witness
El€Q'/'c€.-- M... ~vQ.yrO
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Robert T. Carballo. P.E.
Print Name of Secretary
~
33
SCHEDULE "A" - CONSULTANT SERVICE ORDER
CITY OF MIAMI BEACH
BEACH FRONT RESTROOM AND CONCESSION FACILITY REPLACEMENT PROJECT
The following is a detailed description of the Scope of Work to be provided by the C3TS for the City
of Miami Beach relative to the design, permitting, and construction of the five beachfront restroom
and concession facilities (Project) located in the beachfront parks east of Collins Avenue at 64th
Street; 53rd Street; 46th Street; 29th Street and 21 5t Street.
CONSULTING SERVICES
PART 1 - PLANNING PHASE SERVICES:
Part 1.1 - Project Kick-Off Meeting
The C3TS project team will attend one (1) kick-off meeting with the appropriate City
representatives to introduce key team members to the City staff and review available planning and
reference documents defining the Project scope. Preliminary project goals, timelines, and budgets
will be discussed.
Part 1.2 - Site Reconnaissance and Preliminary Base Maps
1.2.1 Data Collection: C3TS will compile available data relating to existing conditions within
the proposed Project areas. This data will include existing site surveys, site plans for
proposed developments, adjacent street locations, names of property owners, and
metes and bounds description/location of the Coastal Construction Control Line (CCCL)
and Erosion Control Line (ECL). The approximate location of the vegetated dune and
major structures within the Project areas will be noted.
1.2.2 Preliminary Base Maps: C3TS will prepare preliminary Base Maps for each Project
location utilizing available surveys, development plans, as-built drawings, ownership
records, and legal descriptions of jurisdictional lines in combination with site
observations and field demensions. This preliminary Base Map will be suitable for
preparing conceptual plans to be used for reference in project meetings prior to
completion of the primary topographic surveys. This preliminary Base Map will also
serve to confirm the additional data that must be obtained for the final survey and Base
Map.
Part 1.3 - Program Planning and Cost Analysis
1.3.1 Initial Conceptual Design: Based on the Project scope documents and direction
provided by the City, C3TS will start to develop conceptual design plans for each
facility. A general structure massing/layout plan with conceptual landscape and
hardscape elements will be produced illustrating the alternative treatments for the
various Project areas. The locations of the proposed facilities in relation to the dune,
other existing structures, adjoining property developments, existing access points to the
beach, and connections to Collins Avenue will be considered as part of the conceptual
project planning process.
Deliverables: Sixteen (16) copies of the Initial Conceptual Designs
1.3.2 Preliminary Cost Analysis: C3TS will provide a preliminary construction cost analysis
for the proposed improvements based upon the conceptual project plan to confirm
those proposed elements are generally within the available City budget. This analysis
will provide an opinion of unit costs relative to proposed Project elements.
Deliverables: Preliminary cost analysis spreadsheet (Excel format)
1.3.3 Review Meeting with City Staff: The C3TS will attend one (1) meeting with City staff
and appropriate representatives to review the Initial Conceptual Design plans, meeting
minutes from the DEP pre-application meeting(s), cost analysis, and other relevant
materials.
Deliverables:
Meeting Minutes
PART 2 - DESIGN PHASE SERVICES:
Part 2.1 - Engineering and Landscape Design
2.1.1 Engineering Design: C3TS will provide the design services required for development of
the Project elements. Civil engineering design services will include the geometric layout of the
facilities based on the design development. Grading design will be completed to meet the
aesthetic intent of the landscape planting areas. All grades will be established, including
finished elevations and slopes. Minor drainage system design will be completed as appropriate
for the improvements. Structural design will be conducted for all major structures such as
restrooms and concession facilities. Minor structural design will also be conducted for all minor
structures (such as walls, fences, and other minor structures) in the proposed improvements.
Paving design will also be completed as required.
2.1.2 Landscape Architectural Design: Landscape planting design will be completed in
accordance with the design development for the improvements. An automatic landscape
irrigation system will be designed with points of connection, controllers, valves, heads, main
and lateral piping, backflow preventors and flow sensors.
2.1.3 Lighting Design: The lighting system will be designed based on the design development
and DEP marine turtle permit process. Fixture types and locations will be developed, and
electrical engineering services provided for the electrical design of the lighting system. The
design will include a photometric system for automatic operation. The City will supply all
transformer locations, and existing electrical utility information.
Part 2.2 - Construction Drawings and Specifications
2.2.1 Preliminary Construction Drawings: C3TS will prepare preliminary design plans at
approximately 30% level of completion illustrating details of the proposed Project. The
preliminary design drawings will illustrate site plans, floor plans and building elevations of the
proposed facilities. The plans will incorporate existing conditions and basic design elements
including details of handicap ramps, paving and grading, and tree locations.
Updated cost opinions that include quantities, unit costs, and total costs will be submitted to the
City for review. The preliminary plans will graphically convey the engineering and landscape
architectural design, and be formatted for a logical sequence of construction. The preliminary
plans shall comply with Public Works Standards.
Deliverables: Fourteen (14) copies of preliminary plans and updated opinion of cost
2.2.2 Final Construction Drawings: C3TS will incorporate comments from the City's review of
the preliminary design plans into the final construction drawings. Subsequent submittal of the
design plans will be made to the City at the 60% and 90% levels of completion. It is anticipated
that the review comments from the 60% and 90% level drawings will be minor in nature. The
cost opinions will be revised and submitted with each submittal package. The drawings will be
prepared with industry-accepted guidelines for the production of construction drawings on
24"x36" sheets at appropriate scales. Final construction drawings will be sealed by Florida
Registered Professional Engineer or Registered Architect, as appropriate.
Deliverables: Fourteen (14) copies of the 60% and 90% plans and updated cost opinions
Ten (10) copies of final construction drawings
2.2.3 Technical Specifications: C3TS will prepare technical specifications in the Construction
Specifications Institute (CSI) format for the Division 2-16 specifications required for the
construction plans. The City will be responsible for all "up-front" bid package documents such
as General Conditions, Construction Contracts, Division 1 specifications, etc. C3TS will prepare
a bid form with unit quantities and documentation for inclusion with the bid package. Permits for
the Project will be included in the appendices of the package. The specifications will be
provided to the City for review at the 90% design plan review stage. The City will be
responsible for all document reproduction services for the bid packages.
Deliverables: Six (6) sets of technical specifications on 8.5"x11" sheets
2.2.4. Project Team Meetings: In addition to those meetings specifically noted within other
phases of this agreement, the C3TS will attend up to six (6) additional meetings with City staff,
project team members, and/or other stakeholders to present/discuss elements of the proposed
Project. These meetings are estimated to be an average of one hour each.
PART 3 - CONSTRUCTION PHASE SERVICES:
Part 3.1 - Bidding and Contract Award
C3TS will attend a maximum of two (2) meetings with the City and contractor(s) toward concluding
the final contract details and to assist with the award of a contract. C3TS will assist the City in
bidding the project, respond to any questions during the bidding period and assist in the
preparation of any addendums, if required. C3TS will review the draft contract for construction
services as prepared by the City and provide comments.
Part 3.2 - Construction Administration
After initiation of construction, C3TS will provide project administration relative to advising the
project team members of their responsibilities to meet all conditions of the DEP and City Permits.
Specifically, C3TS will coordinate and prepare the necessary Monthly Periodic Progress Reports
and Final Certification, as required by the DEP. In addition, C3TS will attend on-site Pre-
Construction Conferences, as required.
In addition, site visits by a C3TS representative will be made during construction. C3TS will
perform a maximum of twenty four (24) site visits throughout the expected six-month construction
period. These inspections will supplement the full-time inspections provided by the City personnel.
C3TS will review Shop Drawings and respond to requests for information as required. C3TS will
maintain contact with the City's full-time inspector and City staff throughout the construction period.
C3TS will review all invoices submitted by the Contractor.
PART 5 - PERMIT PROCESSING
Part 5.1 - Conceptual Pre-Application Consultations
After the initial conceptual design is developed, and potentially again during the design
development phase, C3TS (or designated Sub-consultant) will attend up to two (2) Pre-Application
Consultation meetings in Tallahassee with the Department Environmental Protection (DEP) Office
of Beaches and Coastal Systems and the DEP Division of State Lands (DSL) to present the
Project conceptual design. C3TS (or designated Sub-consultant) will discuss with DEP staff the
design components of the Project subject to their regulation, and solicit input as to the acceptability
of the critical jurisdictional elements of the design. C3TS (or designated Sub-consultant) will
prepare meeting minutes documenting the discussions and summarizing DEP's acceptance of
specific design elements. These reports will serve as DEP's conceptual design approval and will
become the basis of the final design and construction drawings.
Oeliverables: Meeting Minutes
Part 5.2 - DEP CCCL Permit Application
The City will provide C3TS with an executed Page 1 of the CCCL permit application form, a DEP
permit application fee (to be determined), and a letter from the Planning and Zoning Department
indicating their approval for the project and confirming that the project "does not contravene local
setback requirements for zoning or buildings codes" and "is consistent with the local
Comprehensive Plan." The City will provide C3TS with the relevant legal description and ownership
documentation for the property area impacted by the proposed Project. C3TS (or designated Sub-
consultant) will prepare a permit application for the proposed project.
Part 5.3 - DEP Marine Turtle (Exterior Lighting) Application
C3TS will coordinate with the lighting and landscaping team members toward obtaining items
required for the Marine Turtle application. The City shall provide C3TS with an executed FMR 33-
718 Certificate of CCCL Permit Applicant's Authorization. C3TS (or designated Sub-consultant) will
prepare and submit a DEP Marine Turtle application with the required attachments and submit it to
the DEP-Office of Beaches and Coastal Systems toward obtaining approval for proposed exterior
lighting.
Part 5.4 - Miami-Dade County/City of Miami Beach Permits
C3TS will assist the City in securing a City of Miami Beach Building Permit for construction. C3TS
will meet with representatives of the City and County toward securing the required approvals for all
site and civil improvements. Specifically, the 90% level of drawings will be presented to the
appropriate City departments for review and comment by staff and the 100% final drawings will be
submitted for permit. C3TS will attend up to three (3) two-hour meetings with City and Miami-Dade
County DERM staff to review the proposed design and coordinate authorizations.
Part 5.5 - DEP Permit Processing
C3TS (or designated Sub-consultant) will confer with DEP staff to advise them of the details of the
proposed construction and to identify areas of staff concern. C3TS (or designated Sub-consultant)
will maintain telephone contact with the DEP to expedite their review and processing of the permit
application. C3TS (or designated Sub-consultant) will attend up to two (2) additional meetings in
Tallahassee to review the CCCL application along with the conceptual/preliminary plans. C3TS (or
designated Sub-consultant) will review available working drawings to ensure their compliance with
DEP criteria toward expediting the DEP Final Order. In addition, C3TS (or designated Sub-
consultant) will confer with the team members and City as to questions, revisions, or additional
items that may be required by the DEP and will represent the Project before DEP staff to assist the
City in securing a DEP Permit (Final Order) for the proposed Project.
C3TS (or designated Sub-consultant) will also maintain telephone contact with the DEP
Environmental Specialists to expedite their review and processing of the proposed exterior lighting.
C3TS (or designated Sub-consultant) will confer with the team landscape architect, lighting
consultant, and City as to questions, revisions, or additional items that may be required by the DEP
Environmental Specialist to assist the City in obtaining approval for the proposed exterior lighting.
Part 5.6 - DEP Notice to Proceed
C3TS (or designated Sub-consultant) will provide services to assist the City in securing a DEP
"Notice to Proceed" authorizing commencement of construction. Specifically, C3TS (or designated
Sub-consultant) will provide services relative to coordinating and processing final construction
drawings and meeting Special Permit Conditions outlined in the Final Order. C3TS (or designated
Sub-consultant) will attend up to one (1) additional meeting in Tallahassee to review final
construction plans and other items required to secure the Notice to Proceed.
Part 5.12 - Pre-Construction and Final Inspection Meetings
Subsequent to issuance of the DEP Notice to Proceed, the C3TS (or designated Sub-consultant)
will schedule and attend one (1) Pre-Construction Conference with the DEP Field Representative,
Contractor, and Project team members, as required in the Special Permit Conditions outlined in the
Final Order.
Subsequent to completion of construction, C3TS (or designated Sub-consultant) will schedule and
attend one (1) on-site Final Inspection Conference with the City, DEP Field Representative and
Contractor, as required by the Special Permit Conditions outlined in the Final Order.
PART 6 - REIMBURSABLE EXPENSES:
Part 6.1 - Site Surveys and Final Base Map
The City is to provide all available as-built surveys/plans of existing below ground and above
ground electrical equipment, utilities and other structures within and adjacent to the Project areas.
The City shall also provide C3TS with copies of any available plat maps, property surveys, and
aerial photographs. Transmittal of data in a standard electronic format is preferable.
6.1.1. Topographic Survey: A topographic survey delineating property boundaries, existing
structures, and topographic elevations within each Project area will be prepared by C3TS in
compliance with the requirements of the Florida Department of Environmental Protection (DEP)
pursuant to Chapter 628-33.009, Florida Administrative Code. Visible structures/features will
be surveyed. The topographic survey will reflect the location of the CCCl and ECl tied to the
State Plane Coordinate System, and will be signed and sealed by a Professional land
Surveyor. The topographic survey will include beach profile transects taken from the ECl or
landward limit of the proposed Project (whichever is located farther landward) to Mean low
Water. The beach profile transects will be taken generally perpendicular to the shoreline at
approximately 500 feet on center along the Project length (at DEP Reference monuments and
approximate half-monuments). This topographic survey will meet DEP permitting criteria.
Oeliverables: Six (6) signed and sealed copies of the Topographic SUNey
(AutoCAO format)
6.1.2. Final Base Maps: C3TS will prepare a final base map for each Project area by compiling
the above Preliminary Base Map and topographic survey to illustrate the visible existing
conditions. The Final Base Maps will become the basis for the design development portion of
the project.
Oeliverables: Six (6) copies of each Final Base Map (AutoCAO format)
Part 6.2 - Reproduction Transmission Charges
Reproduction and transmissions will be invoiced pursuant to the attached Schedule "C".
Part 6.3 - Direct Reimbursable Expenses
Direct reimbursable expenses, such as photocopies, telephone calls, and mileage, will be invoiced
pursuant to the attached Schedule "C".
Part 6.3 - Transportation
Transportation expenses, such as airfare, will be invoiced pursuant to the attached Schedule "C".
City of Miami Beach, Beach Front Bathroom Replacement
May 2001
SCHEDULE B
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND CORZO, CASTELLA. CARBALLO. THOMPSON. SALMAN. INC.
CONSULTANT COMPENSATION
Fee Schedule:
Basic Services as described in Article 2:
$101.84000
Allowance for Reimbursable Expenditures:
Miscellaneous expenditures
Geotechnical - 21, 29, 46, 53 & 64 Streets
Surveys - 46 & 53 Street
Coastal Permit - 21, 29, 46 & 53 Streets
Total allowance for Reimbursable Expenditures
$ 6,330.50
$11,440.00
$ 39,600.00
$ 57.370 50
Additional Services, as described in Section 2.10, will be billed in accordance with the
hourly rates in Schedule "C". Any Additional Services shall be approved in advance by
written authorization from the City Manager.
42
City of Miami Beach, Beach Front Bathroom Replacement
May 2001
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND CORZO. CASTELLA. CARBALLO. THOMPSON. SALMAN. INC.
HOURLY BILLING RATE SCHEDULE
HOURLY RATES (ADJUST AS REQUIRED)
Principal
Engineer, P.E.lArchitect, R.A.
Engineer, E.I/Architect, A.I.
Technician
Data Processor (Secretary/EEO)
Construction Inspector
Division Director
Grants Coordinator
Senior Technician
Project Manager
CEllnspector
CEI Senior Inspector
CEI Resident
Public Involvement Coord.
Clerical Assistant
SUB-CONSULTANT HOURLY RATES
Principal's Time
Registered Design Professional's Time
43
$135.00 per hour
$95.00 per hour
$70.00 per hour
$55.00 per hour
$45.00 per hour
$55.00 per hour
$105.00 per hour
$70.00 per hour
$65.00 per hour
$95.00 per hour
$60.00 per hour
$70.00 per hour
$95.00 per hour
$70.00 per hour
$30.00 per hour
$175.00 per hour
$125.00 per hour
.
City of Miami Beach. Beach Front Bathroom Replacement
Technical Levell Time
Technical Level II Time
Technical Level III Time
Clerical Time
Reimbursable Expenses:
Plo~ing/Blueprints
Xerox Copies - cost per sheet
Fax Transmissions - cost per page
Mileage - cost per mile
Other project related expenses
Subcontracted Expenses
$65.00 per hour
$75.00 per hour
$80.00 per hour
$42.00 per hour
Cost x 1.1
$.20 x 1.1
$.50 x 1.1
$.34 xU
Cost x 1.1
Cost x 1.1
44
M.y 2001
, .
I
,
City of Miami Beach, Beach Front Bathroom Replacement
May 2001
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CORZO, CASTELLA. CARBALLO, THOMPSON. SALMAN. INC.
PROJECT SCHEDULE
Task
Description:
Calendar days
After Notice to Proceed
Prelim Phase Services (30%)
15 Days
Const. Doc. Phase Services (100%)
60 Days
Permitting Phase (including Coastal Permit)
160 Days
Bidding and Award Phase Services
90 Days
Construction Phase Services
180 Days
45