2001-24446 Reso
RESOLUTION NO. 2001-24446
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND UNDERSEA AND COASTAL GEOMANTICS, INC.
FOR PROFESSIONAL LAND SURVEYING SERVICES FOR CAPITAL
PROJECTS IN WHICH THE BASIC CONSTRUCTION COST DOES NOT
EXCEED $500,000 PER PROJECT, OR FOR STUDY ACTIVITIES FOR
WHICH THE FEE DOES NOT EXCEED $25,000; SAID AGREEMENT
HAVING A TWO (2) YEAR TERM, WITH THE OPTION TO EXTEND THE
TERM FOR TWO (2) ADDITIONAL ONE YEAR PERIODS, AT THE SOLE
DISCRETION OF THE CITY.
WHEREAS, the City of Miami Beach (City) issued a Request for Qualifications
(RFQ) No. 12-00/01 for Professional Architectural or Engineering Services in Various
Professional Specialities on a Rotational Basis, for Capital Projects in which the Basic
Construction Cost does not Exceed $500,000 per Project, or for Study Activities for which the
Fee does not Exceed $25,000; and
WHEREAS, Undersea and Coastal Geomantics, Inc. (Consultant) submitted a
proposal in response to this Request for Qualifications (RFQ); and
WHEREAS, the proposal submitted by Consultant for Professional Land Surveying
work was reviewed and found responsive under the terms of the RFQ; and
WHEREAS, the City and the Consultant have agreed to enter into an Agreement
substantially similar to the attached Agreement draft, which is recommended by the City
Manager and approved as to form by the City Attorney, said Agreement having a two (2) year
term, with the option to extend the term for two (2) additional one year periods at the
discretion of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and the City Clerk
are authorized to execute an Agreement with Undersea and Coastal Geomantics, Inc. for
Professional Land Surveying Services for Capital Projects in which the Basic Construction
Cost Does Not Exceed $500,000 per Project, or for Study Activities for which the Fee Does
Not Exceed $25,000; said Agreement having a two (2) year term, with the option to extend
the term for two (2) additional one year periods, at the election of the City.
PASSED and ADOPTED this ~ day of
1.
ATTEST:
~~ r~PPROVEDASTO
ORM & lJ\NGUAGE
CITY CLERK & FOR EXECUTION
"'"-"-4~- ~J~I
,/.
- MAYOR
CITY OF MIAMI BEACH
CllY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http'\\ci.miami~beach, fl.us
COMMISSION MEMORANDUM NO.
:1 75-01
FROM:
Jorge M. Gonzalez
City Manager
Mayor Neisen o. Kasdin and
Members of tbe City Commission
0~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER IN THE RANKING OF
PROPOSALS RECEIVED IN RESPONSE TO RFQ 12-00/01 FOR
PROFESSIONAL ARCHITECTURAL OR ENGINEERING SERVICES IN
VARIOUS PROFESSIONAL SPECIALITIES ON A ROT A TIONAL BASIS,
FOR CAPITAL PROJECTS IN WHICH THE BASIC CONSTRUCTION
COST DOES NOT EXCEED $500,000 PER PROJECT, OR FOR STUDY
ACTIVITIES FOR WHICH THE FEE DOES NOT EXCEED $25,000; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
PROFESSIONAL SERVICE AGREEMENTS WITH THE RECOMMENDED
FIRMS.
DATE: June 6, 2001
TO:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Approve the Resolution.
FUNDING:
Funding will be available on a project basis from various sources, depending on the nature of
services being requested.
BACKGROUND:
In accordance with Section 287.055 of the Florida Statutes, known as the "Consultants' Competitive
Negotiation Act", the City may enter into a "continuing contract" for Professional Architectural or
Engineering services for projects in which construction costs do not exceed $500,000, or for study
activities for which the fee does not exceed $25,000.
On November 8, 2000, the Mayor and City Commission approved the issuance of Request for
Qualifications (RFQ) No. 12-00/01, for Architectural and Engineering Services in various
professional categories the selected firms will provide the professional services under a Rotational
Contract for a two-year period. The responses to the RFQ were received on February 16,2001.
AGENDA ITEM
C-7P
G-h -OJ
DATE
"Rotational Contract" means that the firms selected for inclusion in the list( s) have agreed in advance
on a fee structure to perform professional projects for the City as assigned by the Administration.
As the need for services arise, assignments may be made to each firm on the list in order, i.e. in
"Rotation" .
In the past, the City operated with a single rotational list, containing both Engineering and
Architectural firms, with varying depths of experience. Using this list, a number of projects were
assigned to firms with limited professional expertise in the type of work being asked of them. To
accomplish the assigned work, some firms resorted to subcontracting the assignment to other
consulting firms that had not been screened by the City, raising questions about their qualifications;
and because the subcontract price was lower than the prime contract amount, there has been a
concern that the subcontractee firm might cut corners on the work-product as a result of the reduced
pnce.
The City's most recep.t rotational architectural/engineering services contracts, were authorized by the
City Commission on July 15, 1998, by Resolution No.97-22827 et.seq., and were to have expired
in August 2000, however, the term of the Agreements was extended by the Mayor and City
Commission to permit the business of the City to continue uninterrupted during the period while
RFQ 12-00/01 was pending.
The Procurement Department, in consultation with representatives from Construction Management,
Property Maintenance and Environmental Resources Management reviewed the needs ofthe City
for consulting services. As a result, it was decided that applications should be solicited from firms
for consulting assignments on the basis of expertise in a specific professional Architectural or
Engineering subspecialty instead of a list of consultants purporting to be equally qualified in all areas
of expertise.
Pursuant to the authorization of the City Commission, the Administration issued Request for
Qualifications (RFQ) No. 12-00/01, seeking responses from qualified firms with experience and
capability to provide Professional Engineering or Architectural services in ten (10) specialized areas
for proposed small scale capital projects within the City. The RFQ sought proposals from firms with
strong qualifications in the following specialized areas:
Architecture - General
Architecture - Landscape
Architecture - Planning / Urban Design
Engineering - Civil
Engineering - Electrical
Engineering - Environmental/Coastal
Engineering - Mechanical
Engineering - Structural
Engineering - Transportation
Land Surveying
When professional services are required, each proposed project will be analyzed by City Staff to
determine the predominant professional specialty required, and a consulting firm will be selected
from the appropriate specialization list on a rotational basis. The projects will be allocated to firms
within each category of work on the list on a rotational basis. By selecting firms with a strong
professional competence in a particular technical specialty, and then assigning work in that specialty
to the selected firms, the Administration anticipates that the quality of the work-product received
will be improved over the former system.
In response to the RFQ, thirty-three (33) firms submitted proposals detailing their qualifications for
one or more categories of the proposed work. Evaluation committees were appointed by the City
Manager to review the proposals submitted for each of the ten (10) subcategories of work. These
Committees met during the months of April and May 200 I. Each committee reviewed the submittals
received to evaluate the various firm's qualifications, some of the committees invited certain of the
proposers to provide supplementary presentations. Following these meetings, the Committees
recommended the firms listed in Attachment "A" to the City Manager as qualified to undertake the
work in each of the classifications.
The Administration recommends that the Mayor and City Commission approve the selection of the
firms on the attached list, and authorize the Mayor and City Clerk to execute a standard Professional
Services Agreement with each of the recommended firms, substantially similar to the attached draft
Agreement labeled Attachment "B". This form Agreement will be executed with the consulting
firms, the following rates of compensation are to be offered, based on the classification of the work:
Civil Engineering: Roads, Parking Lots, Landscaping, Environmental, Urban Planning,
Transportation, Surveying and miscellaneous work: 6% of final Construction Cost"
New Construction of Buildings/Facilities, including: Architectural, Mechanical, Electrical,
Structural and other work on new facilities: 7.5% of final Construction Cost*
Renovation of Buildings/Facilities, including: Architectural, Mechanical, Electrical,
Structural and other work on existing structures: 10% of final Construction Cost"
Projects in all categories with estimated cost less than $100,000: 10% of Construction Cost*
(* Reftrs to Construction Cost of the portion of the project being designed by the Consultant being
retained.)
These rates of compensation were determined based on analysis of industry averages and the actual
rates paid by the City. The flat 10% rate for work on small projects, under $100,000 in construction
cost, is included to help offset the fixed costs of doing a small project.
Under the proposed Agreement, Study Activities and Land Surveying may be priced as a lump sum
based on the estimated hours required to complete the project. Hourly rates are included in the
Agreement which will be applicable for all personnel classifications for the firms, a Table
summarizing these rates is included as Attachment C. Alternately, the City may, at its option, solicit
proposals for the work from the firms on the rotational list, and the work may be awarded to the
lowest bidder.
The terms of service will be included in the Agreement. Each proposed Agreement shall be for a
two (2) year term, with two (2) additional one-year renewal options at the City's option. The City's
existing rotational contracts expired in August 2000. In order to avoid delay of projects on which
the City wished to initiate consulting services during the period that this RFQ is open, and while the
selection and negotiation process is underway, the existing agreements with professional services
firms on the rotational list were extended until the new rotational list has been approved and
contracts executed with the selected firms.
CONCLUSION:
The Administration recommends approval of a Resolution of the Mayor and City Commission of
the City of Miami Beach, Florida, accepting the recommendation of the City Manager in the ranking
of proposals received in response to RFQ 12-00/01 for Professional Architectural or Engineering
Services in various professional specialities on a rotational basis, for capital projects in which the
basic construction cost does not exceed $500,000 per project, or for study activities for which the
fee does not exceed $25,000; and authorizing the Mayor and City clerk to execute a Professional
Service Agreement substantially similar to Attachment B, with each of the recommended firms.
. At ii:t(~
~~~~SO\ROTATOI ~~H
Attachment "A"
Consulting firms recommended by the individual Evaluation Committees:
Architecture - General
Bermello, Ajamil and Partners, Inc.
Beilinson Architects, P.A.
Brown and Brown Architects
Bruno-Elias and Associates, Inc.
Edward Lewis Architects, Inc.
Post Buckley, Schuh and Jernigan, Inc.
Swanke, Hayden, Connell Architects
Architecture - Landscape
Carr Smith Corradino, Inc.
Urbitran Associates, Inc.
Vanasse and Daynor, LLP
Architecture - Planning / Urban Design
American-Shimpler Mirson, Inc.
Bermello-Ajamil and Partners, Inc.
Carr Smith Corradino, Inc.
Engineering - Civil
American-Shimpler Mirson, Inc.
Bermello-Ajamil and Partners, Inc.
Camey-Neuhause, Inc.
Carr Smith Corradino, Inc.
Civil Works, Inc.
Metcalf & Eddy, Inc.
Milian, Swain and Associates, Inc.
Post Buckley Schuh and Jernigan, Inc.
Engineering - Electrical
Indigo Service Corporation
Post Buckley Schuh and Jernigan, Inc.
Tuboson Giwa and Partners, Inc.
Engineering - Environmental / Coastal
Coastal Planning & Engineering, Inc.
Coastal Systems International, Inc.
Ecology & Environmental, Inc.
Langan Engineeering & Environmental Services, Inc.
Metcalf & Eddy, Inc.
Milian, Swain and Associates, Inc.
Post Buckley Schuh and Jernigan, Inc.
Attachment "A"(continued)
Consulting firms recommended by the individual Evaluation Committees:
Engineering - Mechanical
Indigo Service Corporation
Post Buckley Schuh and Jernigan, Inc.
Tuboson Giwa and Partners, Inc.
Engineering - Structural
American-Shimpler Mirson, Inc.
Bruno-Elias and Associates, Inc.
Post Buckley Schuh and Jernigan, Inc.
Engineering - Transportation
Civil Works, Inc.
HNTB Corporation
Post Buckley Schuh and Jernigan, Inc.
RJ Behar & Company, Inc.
Urbitran Associates, Inc.
Land Surveying
Carney-Neuhause, Inc.
Post Buckley Schuh and Jernigan, Inc.
Scwebke-Shiskin & Associates, Inc.
Undersea & Coastal Geomatics, Inc.
(The remainder of this page is left blank intentionally.)
EXHIBIT A
1. American-Shimpler Mirson, Inc.
2. Bermello, Ajamil and Partners, Inc.
3. Carr Smith Corradino, Inc.
4. Post, Buckley, Schuh and Jernigan, Inc.
5. Indigo Service Corporation
6. Tuboson Giwa and Partners, Inc.
7. Coastal Planning and Engineering, Inc.
8. Coastal Systems International, Inc.
9. Ecology and Environmental, Inc.
10. Langan Engineering and Environmental Services, Inc.
11. Metcalf and Eddy, Inc.
12. Milian, Swain and Associates, Inc.
13. Bruno-Elias and Associates, Inc.
14. Carney-Neuhaus, Inc.
15. Civil Works, Inc.
16. HNTB Corporation
17. R.J. Behar and Company, Inc.
18. Urbitran Associates, Inc.
19. Schwerke-Shiskin and Associates, Inc.
20. Undersea and Coastal Geomantics, Inc.
21. Beilinson Architects, Inc.
22. Brown and Brown Architects
23. Swanke, Hayden, Connell Architects
24. Edward Lewis Architects,lnc.
25. Vanasse and Daynor, LLP
\\C_H\SYS\CMGR\$ALl\JUDY\Agenda01\Jun6\EXHIBIT A doc
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
UNDERSEA & COASTAL GEOMA TICS, INC.
FOR
PROFESSIONAL ARCHITECTURAL OR ENGINEERING SERVICES
IN VARIOUS SPECIALITIES
FOR CAPITAL PROJECTS IN WHICH THE BASIC CONSTRUCTION
COST DOES NOT EXCEED $500,000 PER PROJECT
OR FOR STUDY ACTIVITIES FOR WHICH THE FEE DOES NOT EXCEED $25,000
JUNE 2001
..
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
1.1 City
1.2 City Commission
1.3 City Manager
1.4 Proposal Documents
1.5 Csmsultant
1.6 City's Project Coordinator
1.7 Program Manager
1.8 Basic Services
1.9 The Proj ect
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 Scope of Services
ARTICLE 2. BASIC SERVICES
2.5 Planning Services
2.6 Design Services
2.7 Bidding and Award Services
2.8 Construction Phase Services
2.9 Additional Services
2.9 Responsibility for Claims and Liabilities
2.11 Time
2.12-2.29 Consultant Responsibilities
ARTICLE 3. THE CITY'S RESPONSIBILITIES
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
PAGE
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Land Surveying
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ARTICLE 5. ADDITIONAL SERVICES
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ARTICLE 6. REIMBURSABLE EXPENSES
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ARTICLE 7. COMPENSATION FOR SERVICES
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ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
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ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
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ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Default and Right to Terminate
10.2 Termination for Cause
10.3 Termination for Convenience
10.4 Termination by Consultant
10.5 Implementation of Termination
10.6 Non-Solicitation
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ARTICLE 11. INSURANCE
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ARTICLE 12. INDEMNIFICATION
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ARTICLE 13. VENUE
23
ARTICLE 14. LIMITATION OF LIABILITY
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ARTICLE 15. MISCELLANEOUS PROVISIONS
23
ARTICLE 16. NOTICE
24
SCHEDULES
SCHEDULE "A" - CONSULTANT SERVICE ORDER
26
SCHEDULE "B" - CONSULTANT COMPENSATION
27
SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE
28
SCHEDULE "D" - PROJECT SCHEDULE
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City of Miami Beach
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AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
UNDERSEA & COASTAL GEOMA- fTICS, INC.
FOR PROFESSIONAL
ARCHITECTURAL OR ENGINEERING SERVICES
IN VARIOUS SPECIALITIES
FOR CAPITAL PROJECTS IN WHICH THE BASIC CONSTRUCTION
.' COST DOES NOT EXCEED $500,000 PER PROJECT
OR FOR STUDY ACTIVITIES FOR WHICH THE FEE DOES NOT EXCEED $25,000
~3~ ~~
This Agreement made and entered into this ~ day of J vt ~ ' 2ee+, by and between the
CITY OF MIAMI BEACH, a municipal corporation existing un er the laws of the State of Florida
(hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami
Beach, Florida, 33139, and UNDERSEA & COASTAL GEOMA [TICS, INC., Suite 100,2481
N.W. Boca Raton Blvd, Boca Raton, FL 33431, (hereinafter referred to as Consultant).
WIT N E SSE T H:
WHEREAS, the City intends to undertake various capital projects within the City of Miami Beach,
for a basic construction cost not to exceed Five Hundred Thousand Dollars ($500,000) for each
project, and pursuant to Section 287.055, of the Florida Statutes, known as the Consultant's
Competitive Negotiation Act, and wishes to engage the Consultant to provide professional consulting
services for certain Projects to be assigned by means of the issuance ofa "Consultant Service Order"
similar to the form shown in Schedule "A" to this Agreement, the Scope of each assigned project
will be set forth in the Consultant Service Order, and the fees for the services provided will be
determined as set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of professional
consulting services relative to those projects assigned by the City, as hereinafter set forth, services
may include, but are not limited to: planning, design, conducting studies, bidding and construction
administration services or surveying, all as hereinafter stipulated, as may be specifically described
in the Consultant Service Order.
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreements herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY. The "City" shall mean the City of Miami Beach, a Florida municipal corporation
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139.
1.2' CITY COMMISSION. "City Commission" shall mean the governing and legislative body
City of Miami Beach
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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 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.
1.4 PROPOSAL DOCUMENTS. "Proposal Documents" shall mean the REQUEST FOR
QUALIFICATIONS No. 12-00101, FOR PROFESSIONAL ARCHITECTURAL 1 ENGINEERING
SERVICES IN VARIOUS PROFESSIONAL SUB SPECIAL TIES ON A ROTATIONAL BASIS,
FOR CAPITAL PROJECTS IN WHICH BASIC CONSTRUCTION COST DOES NOT EXCEED
$500,000 PER PROJECT, OR FOR STUDY ACTIVITIES FOR WHICH THE FEE DOES NOT
EXCEED $25,000. ( RFQ No. 12-00101) issued by the City in contemplation of this Agreement,
together with all amendments thereto, if any, and the Consultant's proposal in response thereto
(Proposal), which is incorporated by reference 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: UNDERSEA & COASTAL
GEOMA TICS, INC., a Florida Corporation having its principal offices at: Suite 100,2481 N.W.
Boca Raton Blvd, Boca Raton, FL 33431. When the term "Consultant" is used in this Agreement it
shall be deemed to include any subconsultants and any other person or entity acting under the
direction or control of Consultant. Any subconsultants retained by Consultant pursuant to this
Agreement and the Project shall be subject to prior written approval of the City. The following
subconsultant(s) were included in the Consultant's Proposal and are hereby approved for the Project:
None
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
otherwise provided herein.
1.7 PROGRAM MANAGER The City has contracted the services of Hazen and Sawyer,
P.C. to act as Program Manager for the City's Right of Way Infrastructure Improvements Program,
and URS Corporation to act as Program Manager for Facilities and Parks Projects. If an assigned
project is part of either organization's scope of activities, one of these firms will act as the
representative of the City in the performance of its Program Management role.
1.8 BASIC SERVICES "Basic Services" shall include those architectural and/or engineering
services, as required, for the planning, design, bidding/award, and construction administration, or
studies for a Project, as specifically described in a Consultant Service Order, issued by the City to
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the Consultant hereunder.
1.9 PROJECT The "Project" shall mean that City Capital Project, described in a Consultant
Service Order that has been approved by the City Manager, and issued to the Consultant.
1.9.1 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.
1.9.2 PROJECT SCOPE The "Project Scope" shall mean the description of the Project
contained in the Consultant Service Order issued to the Consultant by the City hereunder, as
modified by any approved change orders issued subsequently.
1.10 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 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 the 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.
1.10.1 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
issued hereunder.
1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST. The "Statement of
Probable Construction Cost" shall mean a forecast of Construction Cost prepared by the Consultant,
and submitted 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 right to verify the Statement of Probable Construction Cost or detailed cost estimate
by the Consultant.
1.11 FORCE MAJEURE. "Force Majeure" shall mean any delay occasioned by superior or
irresistible force occasioned by violence in nature without the interference of human agency such as
hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by
changes in Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this
Agreement and having a substantial impact on the Project; other causes beyond the parties' control;
City of Miami Beach
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or by any other such causes which the Consultant and the City decide in writing justify the delay;
provided, however, that market conditions, labor conditions, construction industry price trends and
similar matters which normally impact the bidding process shall not be considered a Force Majeure.
1.12 CONTRACTOR I CONTRACTORS. "Contractor" or "Contractors" shall mean those
persons or entities responsible for performing the Work or providing the materials, supplies and
equipment identified in the bid and Construction Documents for the Project.
1.13 CONTRACT DOCUMENTS. "Contract Documents" shall mean this Agreement and the
Consultant Service Order issued hereunder; the Agreement between City and Contractor; Conditions
of the Contract (General, Supplementary and other Conditions); Construction Documents; and any
addenda issued prior to execution of the Contract for Construction. A Modification is one of the
following: (1) written amendment to the Contract for Construction 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 Project Coordinator.
1.14 CONTRACT FOR CONSTRUCTION. "Contract for Construction" shall mean a legally
binding agreement between the City and one or more Contractors.
1.15 CONSTRUCTION DOCUMENTS. "Construction Documents" shall mean the final plans,
specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article
2.7 of this Agreement, and the Consultant Service Order(s) issued hereunder and approved by the
City.
1.16 CONTRACT AMENDMENT. "Contract Amendment" shall mean the written order to the
Contractor approved by the City, as specified in this Agreement, and signed by the City's duly
authorized representative, authorizing a change in the Project or the method and manner of
performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Contract
Amendments shall be approved by the City Commission, if they exceed twenty-five thousand
dollars ($25,000.00), or the City Manager if they are twenty-five thousand dollars ($25,000.00) or
less in amount (or other such amount as may be specified by the City of Miami Beach Procurement
Ordinance, as amended). For Contract Amendments of less than twenty-five thousand dollars
($25,000), the City Manager shall retain the right to seek and obtain concurrence of the City
Commission for the approval of any such Contract Amendment.
1.17 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.
1.18 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, materials, equipment, and services provided, or to be provided, by the Contractor to
City of Miami Beach
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fulfill its obligations.
1.19 SERVICES. "Services" shall mean the services to be performed on the Project by the
Consultant pursuant to this Agreement, and the Consultant Service Order(s) issued hereunder,
whether completed or partially completed, and includes other labor, materials, equipment and
services provided, or to be provided, by Consultant to fulfill its obligations herein.
1.20 ~ASE BID. "Base Bid" shall mean the elements contained in the Construction Documents
recommended by the Consultant and approved by the City as being within the Construction Cost
Budget pursuant to the Statement of Probable Construction Cost provided by Consultant. "Base Bid"
shall not include "Additive Alternates" or "Deductive Alternates".
1.21 SCHEDULES. "Schedules" shall mean the various schedules attached to this Agreement
and are referred to as follows:
Schedule A - Consultant Service Order form (Blank).
Schedule B - Consultant Compensation: The schedule of compensation to the Consultant for
Services provided, 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: Format for Consultant to submit proposed project
schedule(s).
1.22 SCOPE OF SERVICES. "Scope of Services" shall mean the Project Scope as described in
the Consultant Service Order(s) issued by the City hereunder, together with the Basic Services and
any Additional Services approved by the City, as described in Articles 2 and 5, respectively.
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 the Consultant upon receipt of a written Consultant
Service Order signed by the City Manager, or his designee Consultant shall countersign the
Consultant Service Order upon receipt, and return the signed copy to the City.
2.2 The Consultant's Basic Services may consist of up to five Phases (including: planning, field
work, surveying, mapping and additional services) as described in the Consultant Service Order.
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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 Statutes, Administrative rules and
regulations (including the regulations of the Florida Department of Transportation [FDOT], if
applicable), and Federal laws, rules and regulations. The Consultant agrees to comply with all such
laws, coges, 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 where applicable.
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 by
Registered Land Surveyors in South Florida. In addition, Consultant represents that it is experienced
and fully qualified to perform the Services contemplated 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 its Contract Documents.
2.5 SERVICES. Consultant shall perform such Services as noted in the approved Consultant
Service Order.
2.6 DESIGN SERVICES. Based on the approved Planning documents developed under Article
2.5, Consultant shall prepare Design Documents, as noted in the approved Consultant Service Order.
2.7 BIDDING AND AWARD SERVICES. Consultant shall provide bidding and award
services as noted in the approved Consultant Service Order.
2.8 CONSTRUCTION PHASE SERVICES. Consultant shall furnish construction phase
services as noted in the approved Consultant Service Order.
2.9 ADDITIONAL SERVICES. Consultant shall provide Additional Services as noted in the
approved Consultant Service Order, or in any approved amendments thereto.
2.10 RESPONSIBILITY FOR CLAIMS AND LIABILITIES. Approval by the City shall not
constitute nor be deemed a release of the responsibility and liability ofthe 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 responsibility by the City for a defect, error or omission in designs, working
drawings, specifications or 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.
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2.11 TIME It is understood that time is of the essence in the completion of all Projects assigned
hereunder, 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 of the 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, in the form 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 ofthe City, a constructive, professional, cooperative working relationship with
the Program Manager, Project Coordinator, Contractor(s), and others that have been contracted to
perform Services and / or Work on behalf of the City. While the Services to be provided by
Consultant under this Agreement will be provided under the general direction of the City's Project
Coordinator and Program Manager, it is the intent of this Agreement to allow the Consultant to
coordinate the performance of all services to the extent such coordination by the Consultant is
permitted by the contract documents and the Consultant Service Order.
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 that 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 the term of this Agreement, others are required to verify, review, or
consider any work performed by Consultant, including but not limited to the design professionals,