Amendment 5 w/ Hargreaves Associates, Inc.AMENDMENT NO.5 C ` ~ /! f ~o
TO THE
SOUTH POINTE PARK
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
HARGREAVES ASSOCIATES, INC., DATED JANUARY 12, 2005
(THE AGREEMENT);
FOR ADDITIONAL PROFESSIONAL SERVICES,
IN THE AMOUNT OF 361,342,
FROM THE PREVIOUSLY APPROPRIATED SOUTH POINTE CAPITAL FUND 389,
FOR ADDITIONAL PROFESSIONAL SERVICES
FOR THE SOUTH POINTE PIER PROJECT (PIER PROJECT)
FOR THE REMAINING DESIGN AND ENGINEERING,
PERMITTING, BID AND AWARD, AND CONSTRUCTION ADMINISTRATION PHASES,
NOT INCLUDED WITHIN
THE PREVIOUSLY APPROVED DESIGN CRITERIA PACKAGE
This Amendment No. 5, dated as of Nouc^"Rc~K ~, 2008, to that certain Agreement
by and between the CITY OF MIAMI BEACH, a~municipal corporation existing under 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 HARGREAVES
ASSOCIATES, INC., a California corporation, having its principal office at 398 Kansas St.,
San Francisco, California, 94103 (hereinafter referred to as Consultant).
RECITALS
WHEREAS, on January 12, 2005, the City Commission authorized the execution of
an Agreement between the City and Hargreaves Associates, Inc. (Hargreaves or
Consultant) for the planning of the South Pointe Park improvements; and
WHEREAS, on July 27, 2005, the South Pointe Park Basis of Design Report
(BODR) was approved by the City Commission; and
WHEREAS, although the improvements to the existing pier at South Pointe Park
(Park) were not originally included as part of the current Park funding or scope of work, the
Consultant was asked to review and provide an opinion as to its integration into the overall
South Pointe Park design; and
WHEREAS, Hargreaves' preliminary conceptual design recommendations for the
Project were included in the approved BODR; and
WHEREAS, on October 11, 2006, the Administration recommended to the City
Commission to amend the Agreement with Hargreaves to develop a design criteria
package relative to the renovation of the Pier Project; and
WHEREAS, the purpose of the design criteria package was to furnish sufficient
design information to allow the City to issue a Request for Qualification (RFQ) for a
design-build firm to produce the construction documents, procure permits, and construct
the Pier Project; and
WHEREAS, Hargreaves's services as part of the design criteria package were
limited in scope; and
WHEREAS, it is understood that the design-build delivery method assumes that
the Contractor or other parties of that team will be responsible for the preparation of
construction documents, securing all regulatory permits, and the evaluation of the
construction in accordance with design intent, permitted activities, and contractual
obligation; and
WHEREAS, as the Park progressed, it became evident that tighter controls on
design and its development through permitting and construction documents would be
necessary to assure that the end product would result in as seamless as possible
connection between the Park and the Pier Project ;and
WHEREAS, the Pier Project delivery method was then re-evaluated and instead of
proceeding with only a design criteria package, Hargreaves was requested to provide a
proposal for additional professional services for a conventional design-bid-build approach;
and
WHEREAS, this approach would provide Hargreaves the necessary controls to
assure that design continuity between the Park and Pier Project is adhered to; and
WHEREAS, it would also allow the design team to commence with the permitting
process concurrently as the construction documents are developed; and
WHEREAS, this shift in project delivery method requires modifications to the
previously approved scope of services; and
WHEREAS, the City and Hargreaves have negotiated the following Amendment
No. 5 to the South Pointe Park Professional Agreement, in the amount of $361,342, for the
revised scope of work.
NOW, THEREFORE, the parties hereto, and in consideration of the mutual
promises, covenants, agreements, terms, and conditions herein contained, and other good
and valuable consideration, the respect and adequacy are hereby acknowledged, do
agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of this
Amendment No. 5.
2. MODIFICATIONS
The Agreement is hereby amended to add the additional professional services, as
described in Schedule "A-5", entitled "Scope of Services /Compensation for Additional
Services", attached and incorporated hereto.
3. OTHER PROVISIONS
All other provisions of the Agreement are unchanged.
4. RATIFICATION
The City and Consultant ratify the terms of the Agreement, as modified by this
Amendment No. 5.
IN WITNES WHEREOF, the parties hereto have caused this Amendment No. 5, to
be executed in their names by duly authorized officials as of the date first set forth above.
ATTEST:
obert Parcher, City Clerk
CITY OF MIAMI B ACH
By
Matf Herrera Bower, ayor
CONSULTANT
ATTEST:
Secr ary
~IrYJ/Z ~ ~~t° ~
Print Name
HARGREAVES ASSOCIATES, INC.
By
President
~/r/1 ~~~
Print Name
T:\AGENDA\2008\November 5\Consent\S-SPTPKPier-03b-Amendment5.11.05.08.Rev.doc
APPROVED AS TO
FORM & LANGUAGE
~ FOR EXECUTION
SCHEDULE "A-5"
TO AMENDMENT NO. 5
SCOPE OF SERVICES /COMPENSATION FOR ADDITIONAL SERVICES
ASSOCIATED WITH THE SOUTH POINTE PIER
SCOPE OF SERVICES
A. Additional professional services associated with the South Pointe Pier
improvements.
The City and Hargreaves have negotiated additional professional services fees for the
revised scope of work that would allow for the completion of the Pier Project (Design /
Engineering, Permitting, Bidding and Award, and Construction Administration Services),
in the amount of $416,612. The net amount for the additional fees is $349,342, when
crediting the previously approved design criteria package fees for Tasks D, E, and F
($67,270) not to be completed. There is also a provision of $12,000 in estimated
reimbursable expenses bringing Amendment No. 5 to a total of $361,342.
Refer to Attachment
T:\AGENDA\2008\November 5\Regular\S-SPTPKPier-03b-ScheduleA-5.11.05.08.doc
ASSOCIATES SAN FRANCISCO
CAMBRIDGE
NEW YORK
LONDON
October 24, 2008 tt8 MAGAZINE STREET
CAMBRIDGE, MA ozt39
6t766t oo7oT
6i7 66t oo6q F
Mr. Jorge E. Chartrand, HARGREAVESCOM
Director
Capital Improvements Projects Office
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, Florida 33139
~ GEORGE HARGREAVES
Re: South Pointe Park- PIER MARY MARGARET JONES
Engineering, Permitting, Bidding&Award, and Construction Related Services
HA Project #: SPP0502 GLENN ALLEN
GAVIN MCMILLAN
KI RT RIEDER
CATHERINE MILLER
Dear Jorge KEN HAWES
JACOB PETERSEN
Har reaves Associates is ve leased to submit the enclosed sco a of services and fee ro osal for
g ry P P P P MEGAN CLARK
BRIAN
ENCEK
the rehabilitation of the South Pointe Pier. Given its location at the "hinge" between the beach and J
SCOTT SMITH
South Pointe Park, the pier will be a remarkable destination for the visitors and residents of Miami
Beach. As the ent oint to the Port of M iami and the Atlantic Ocean the ier will be a atewa to the
ry P > P~ g Y MATTHEW J TUCKER
world and complement the strong international identity of Miami Beach. YOONCHULCHO
BERNWARD ENGELKE
YUMI LEE
Over the last two years our work on the pier has proceeded from initial programming studies and ANDY HARRIS
structural evaluation to the current schematic design efforts and coordination with the City's Finance SUE BAILEY
MImMARCH
and Citywide Projects Committee. During these efforts the design alternatives have been honed and ALAN LEWIS
the current direction is to replace the pier superstructure within a similar footprint while also
improving the aesthetic appearance and user experience of the pier in a manner that is complementary
to that found at South Pointe Park.
In February 2007, Hargreaves Associates was authorized to lead Concept Design, Schematic Design
and Design Criteria Package services. Upon completion of these primary services, Hargreaves
Associates is to assume an advisory role, while the City completes the project with aDesign-Build
Contractor. During the design build process, Hargreaves Associates is to be available to the City for
review and advisory consultation on an hourly basis. The design-build delivery method assumes that
the Contractor or other parties will be responsible for the preparation of construction documents, the
preparation and securing of all regulatory permits and the evaluation of the construction in accordance
with design intent, permitted activities, and contractual obligation.
In late 2007/early 2008, City staff instructed Hargreaves to continue with contracted services for the
design and budget development of the pier as currently contracted, but to assume the possibility of a
change in project delivery to that of the design-bid-build method. Given the highly specialized nature
of this project, this would allow the City to ensure professional quality control throughout the design,
permitting and construction phases. The enclosed proposal allows Hargreaves Associates to lead the
professional services required of the design-bid-build project delivery. This includes full services for
construction documents, permitting, bidding, and construction administration.
To complete the proposed scope of services, Hargreaves Associates recommends an adjustment in
our current contracted scope of services and fees for the pier. The October 11, 2006 Resolution 2006-
26364 (Amendment 2) included the following tasks:
A. Concept Design complete
B. Schematic Design comp/ete
C. Design Criteria Package under completion
D. Bidding- (advisory role only)
E. Construction Documentation-(advisory role only)
F. Construction Observation (advisory role only)
Primary services A, B, and C described above are authorized for a fixed sum of US$199,864. Advisory
services D, E, and F are authorized on an hourly basis, not to exceed rate of US $67,270. In lieu of
partial services for D, E and F, this scope of services allows Hargreaves Associates to fully assist the
City with professional services, with the addition of permitting, until the end of construction. Our
proposed fee for these services is $416,612. We believe this scope and fee is well within the market
standard to retain professionals qualified to address complex, specialized coastal improvement
projects.
Current design efforts to date have been performed under items A, B and C. To provide the proposed
scope of services, we request the previous scope of services be considered "complete" upon the
submittal of design package suitable for confirmation of design and budget direction, upon review and
approval by the Finance and Citywide Projects Committee. We recommend the remaining previously
authorized fee of $67,270 (for Items D, E and F) be reallocated and applied to the current proposed
fee. This will result in a balance of $349,342 for the proposed scope of work, pending authorization.
Any evaluation of the proposed project fee should take under consideration this project's extremely
unique set of physical, legal and environmental logistical challenges that require specialized
professional qualifications. These qualifications include those experienced in delivering world-class
design, those experienced in navigating complex regulatory requirements, and those experienced in
specialized engineering required of maritime structures. In short, a pier in the Atlantic Ocean is not an
everyday project.
The project has several unique characteristics beyond its condition as a simple, water-borne structure.
The project sits within a highly visible, narrow navigation channel used for international shipping and
leisure cruise ships. All coastal maritime and navigation requirements will need to be satisfied before
and during construction. The physical location also requires unique considerations as to how to
properly engineer the project so as to anticipate limited, water-based construction access. Given its
location, the project site also has multi-layered jurisdictional land and water rights between the City,
State and Federal government. All land and water rights will need to be updated and secured prior to
construction. Project complexity is further heightened by sensitive environmental conditions, including
known threatened species protection (e.g. sea turtle nesting) and unknown marine environmental
conditions. All required permitting will need to be secured and the conditions monitored so as to
complete the project with minimal environmental impact. A substantial portion of the project fees are
dedicated to navigating these unique permitting circumstances not typically found on capital
improvement projects. The project team offers considerable professional experience so as to
successfully secure permitted activities to realize the project.
We feel these unique circumstances and the qualifications to overcome these project challenges
should be strongly considered in the evaluation of the attached scope and fee and the distribution of
fees amongst design and engineering, specialized permitting, and construction administration.
We would be pleased to answer questions you may have or to clarify any points of this proposal.
Regards,
Matthew Tucker
Senior Associate
~~ CC: Hargreaves- GMC
ASSOCIATES
June 30, 2008
Updated August Ol, 2008
Updated October 15, 2008
Updated October 24, 2008
Mr. Jorge E. Chartrand
Director
Capital Improvements Projects Office
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, Florida 33139
Re: South Pointe Park- PIER
Engineering, Permitting, Bidding& Award, and Construction Related Services
HA Project #: SPP0502
Dear Jorge,
Based on recent discussions concerning the reconstruction of the South Pointe Pier, we are pleased to
submit this revised proposal for Professional Services in connection with the project referenced above.
The scope of services outlined herein is continue the evaluation of the design and complete the
requisite contract documents, permitting, bidding assistance and construction -related services. The
extent of the work will proceed based upon the cumulative comments and direction received from the
FCWPC during our presentations of May and July, 2008.
I. PROGRAM:
This scope of services is based upon the schematic design efforts completed in 2008 and the current
direction to deliver the pier project in adesign-bid-build method of delivery. The recent design and
coordination efforts included the presentation of schematic design alternatives, preliminary budget
estimates, preliminary meetings with regulatory agencies and two presentations to the City of Miami
Beach Finance & Citywide Projects Committee. Meetings held with the project team, City staff and
DERM, USACE and DEP representatives indicate support for the project concept and the preliminary
"Guppy" design that has been discussed with the F&CWPC.
The preliminary project meetings held with the project team, City staff and F&CWPC members indicate
the following program considerations. These elements will continue to be a basis for the pier design
and engineering:
• Preference for pier improvements that replace- rather than repair- the current pier
superstructure so as to provide long-term investment in the structure.
• Encourage and balance use by a wide range of visitors and anticipate. significant use as a
'fishing pier'
• The pier should fit the context of South Pointe Park and the significant importance placed
upon design and high-quality materials.
• The pier design should reflect this balance of use and high quality design, while also delivering
a project that can be funded, permitted and implemented.
• The pier design should consider the current footprint as the initial basis of the pier structure,
with modifications of the pier footprint- in length and/or width- so as to best accommodate a
balance between use, funding and permitting.
SAN FRANCISCO
CAMBRIDGE
NEW YORK
LONDON
tt8 MAGAZINE STREET
CAMBRIDGE, MA ozt;9
6t7 66t o07o T
6t7 66t o064 F
HARGREAVES.COM
GEORGE HARGREAVES
MARY MARGARET JONES
GLENN ALLEN
GAVIN MCMILLAN
KIRT RIEDER
CATHERINE MILLER
KEN HAINES
JACOB PETERSEN
MEGAN CLARK
BRIAN JENCEK
SCOTT SMITH
MATTHEW f.TUCKER
YOONCHUL CHO
BERN WARD ENG ELKE
YUMI LEE
ANDY HARRIS
SUE BAILEY
MISTY MARCH
ALAN LEWIS
• The pier should accommodate areas of shade and seating in a manner that does not distract
from or prohibit use as a fishing pier.
• The pier should be designed with regulatory considerations in mind, such as limiting pier
improvements to those that are `water-based' activities or upfront consideration of lighting
impacts relative to sensitive marine life (sea turtle nesting).
II. SCOPE OF SERVICES
A. Hargreaves Associates shall provide professional services on the Project referenced above. In
general, the scope of these services shall include:
• Marine engineering for the rehabilitation and replacement of the pier superstructure.
• Pedestrian pavements for the cutwalk extension and the pier.
• Low landscape steps, railings and related site structural elements for the pier and the cutwalk.
• Finish grading and surface drainage of pedestrian pavements.
• Decks and site furniture including planter pots, trash receptacles and cigarette urns.
• Selection and location of fixtures for site lighting.
• Planting and soil preparation, if required.
• Review with permitting agencies:
o U.S. Army Corps of Engineers (Corps)
o South Florida Water Management District/ Florida Department of Environmental
Protection (SFWMD/DEP)
o Miami Dade County Department of Environmental Resources Management (DERM)
o Miami-Dade County Shoreline Review
o City of Miami Beach
o US Coast Guard
Hargreaves Associates will retain and direct the services of registered professional consultants for:
1. Civil Engineering, including rough grading, subsurface drainage, curbing and gutters.
2. Structural/ Marine Engineering, including retaining walls, stairs, light post and site
foundations, guardrails and handrails.
3. MEP Engineering, including site lighting circuitry and site lighting photometrics.
C. Hargreaves Associates does not assume responsibility for the work of others not under contract to
Hargreaves Associates in the production of construction documents and the sufficiency thereof
necessary to the execution of the work.
This scope of work includes the following:
1. Construction Documentation
Duration: estimated 12 weeks from date of written authorization
Based upon the $4million construction budget (hard cost only), the Project Team will develop
drawings and technical sections of specifications to construct the work and shall prepare a final
opinion of construction cost. The opinion of construction cost shall identify construction alternates
equating to approximately 10% of the $4million construction budget. City shall be responsible for
providing the Bidding and Contract Requirements and General Requirements divisions of the
specifications for incorporation into the construction specification manual.
The project team will compile the Bid Forms, Form of Agreement, General Conditions, Special
Conditions and Technical Specifications into the Project Manual, which together with the
Construction Drawings will be used by the City for bidding and awarding a construction
contract.
• In developing working drawings and technical sections of specifications, the team shall
coordinate with other consultants as required and shall use its best efforts to maintain a
construction budget in accordance with the preliminary design estimate accepted by the
Client at the end of the preliminary design phase. The team shall prepare working drawings
and technical sections of specifications to conform to applicable codes and regulations of
governmental bodies having jurisdiction over the work.
• Trips and meeting schedule to be determined but shall not exceed two (3 person) meetings in
Miami Beach and one (1 person) meetings in Tallahassee or Jacksonville, FL. When possible,
trips to Miami Beach shall be coordinated in conjunction with Permitting trips.
2. Permitting and Approvals
Duration: Begin permitting concurrent w/ Schematic design. Estimated duration up to 12
months.
The Team will prepare and submit environmental permit applications for the Project. The permit
applications will include a request for authorization to construct the pier improvements project within
the same envelope as the existing pier and extension of the Cutwalk to the pier connection. This scope
of services addresses a Project design that is substantially similar to the June 18, 2008 "Guppy" design
sketch presented to the environmental permitting agencies in June 2008. Any additional services
required to address changes to the owner-approved design will be processed under a separate scope.
The City will provide evidence of legal entitlement to apply for the permit on behalf of the State of
Florida (land owner). The City will provide all necessary documents relative to proprietary
authorization for use of the land, including modification of the existing State easement or any other
authorization/entitlement required for Project construction and use/maintenance. The City/Client will
provide signed permit application forms and permit fees (amount to be determined). The Client/City
will provide all agency-required legal documents and negotiate as necessary for modifications to
entitlements for appropriate use of the Project area with federal, state, county, or other agencies. The
City will address all agency requirements related to Homeland Security, if applicable.
The project team will utilize existing survey and legal information for easement updates. The Project
engineer will provide permit sketches and construction drawings in the proper format and with
adequate detail for review by the environmental permitting agencies, including requested information
regarding construction methodology, monitoring, etc. So as to expedite the permitting process, initial
permit applications will be submitted incomplete; additional documentation regarding existing
conditions, project design and construction methodology details, confirmation of authorization by the
land owner and update of legal instruments for these activities to be constructed and maintained, etc.
will be submitted as permit updates so as to fulfill the permit requirements.
The project team will procure from public documents additional information such as soils reports,
aerial photography, etc. as necessary to supplement the initial permit application packages. NOTE:
The initial permit applications will not contain information relating to potential environmental impacts,
such as corals on the existing pier pilings (if present); if requested by the regulatory agencies, a
biological resource assessment will be provided under a separate scope of services.
This scope of services assumes that the regulatory agencies will continue to review the project
favorably. If regulatory agencies provide direction that is contrary to the City-approved design, this
scope of services assumes the City will concur with environmental agency recommendations. If the
City chooses to negotiate with regulatory agencies for approval of Project elements that are not in
accordance with these recommendations, services by the project team in support of the City's
negotiations will be addressed under a separate scope, if necessary.
If the City wishes to expend additional effort in negotiating approval of project elements to which the
regulatory agencies initially object, this will take time and budget beyond this scope of services and will
be addressed as additional services. These services may include negotiating authorization of non water
dependent structures (subject to determination by regulatory agencies), coordinating lobbying or legal
entitlement/land use efforts, addressing lighting or navigational concerns, addressing jetty structure,
biological resource, water quality, and/or beach impact concerns.
The team shall assist the City in filing the appropriate plans and required to secure the necessary
design approvals from governmental agencies having jurisdiction over the project, including:
A. Federal/State/oint Permit Application:
The project team will work with the City to prepare and submit to the DEP and COE a Joint Permit
Application for the proposed Project. This scope of services assumes that the project will qualify
for a COE Nationwide Permit and that it will be inclusive of Construction Operations and Real
Estate Division authorization and that there will be no objection to the proposed shade structures
or other amenities proposed on the pier. This scope of services assumes that additional
consultation with the U.S. Fish and Wildlife Service, National Marine Fisheries Service, and/or
U.S. Environmental Protection Agency will not be required.
Based on agency consultation discussions, the project team will additionally submit a request for
confirmation of exemption from the DEP Joint Coastal Permitting program on the basis that the
Project will not affect the oceanfront beach's littoral drift, the function of the jetty structure, or inlet
processes; the DEP JCP program must confirm that the DEP Environmental Resource Permitting
program will have sole state jurisdiction over the project. If there is to be joint jurisdiction for any
reason, the City will be advised, as additional permit application and processing fees would be
required.
This scope of services includes separate DEP Coastal Construction Control Line (CCCL)
permitting for the upland walkway right along the Cut and the proposed stair to the beach, but
does not include permitting any other unknown activities related to construction means and
methods, such as construction staging or access, that may impact the beach-dune system.
During the application meetings with DEP, the project team will discuss potential construction
scenarios with the DEP so as to identify in the bid documents potential limitations or conditions
to construction related to beach dune system access or staging. If during the design and
construction document phase, the City and the project team identify that construction means and
methods, including staging or access, may impact the beach dune system and the City wishes to
initiate additional state permits related to construction access or staging, these permits will be
addressed under a separate scope. If the DEP objects to stair installation based on potential beach
system or marine turtle impacts, the City will remove this project element. Any City-requested
continued negotiations for approval of Project features of a concern to the DEP will be addressed
under a separate scope.
B. DERM C/ass l Coasta/Permit Application:
The project team will prepare and submit a DERM Class I Coastal Construction Permit application
for the proposed Project. The City shall provide the project team with signed application form,
warranty deed, Affidavit of Ownership and Hold Harmless Agreement, and permit fees (amount to
be determined).
C. DERM Stormwater Management App/ication: The project team will prepare and submit
permit applications for Stormwater management, including paving, grading, and drainage to
Miami-Dade County for approval under their Class II Water Control Permitting program. This
scope of services assumes that no new or modified tree removal, water, or sewer permits are
required for the site; if additional permits are required, these will be addressed under a separate
scope of services.
D. U.S. Coast Guard Private Aids to Navigation application.
The project team will prepare and submit a PrivateAids to Navigation application.
E. Review Boards (ifrequiredJ
Utilizing visual aid materials prepared as part of the core scope of services, the team will prepare
presentation materials for review by:
• Miami Beach Design Review Board (DRB)
• Shoreline Development Review Committee (SDRC)
F. City ofMiami Beach Building Department
G. Basic Permit Processing
Basic permit processing for the above-referenced permit applications will be provided under this
task. The budget provided for this Basic Permit Processing phase is estimated to address
approximately 12 months of permit processing services related to the above-noted permit
applications. This scope of services assumes that Miami-Dade County Environmental Quality
Control Board approval will not be required and that staff will recommend approval of what would
typically be considered non water dependent features on the pier, such as the shade structures,
based on public safety/benefit. Any elements that are not approved by the County Commission
will be removed from the Project design or negotiated further under a separate scope.
This scope of services includes processing of Project lighting plans through the Florida Fish and
Wildlife Conservation Commission (FWC) for approval relative to marine turtle protection
requirements as part of the DEP ERP process. This scope of services assumes that the Client will
concur with FWC recommendations for protection of marine turtles; if the Client wishes to
negotiate further review of light fixtures for which approval is not initially recommended by the
FWC, these services will be provided under a separate scope.
The project team will maintain contact with the environmental regulatory agencies to review the
Project application materials and address questions or comments that staff may have. Coastal
Systems will also communicate with the Client and project team regarding additional information
required to process the permit applications and any issues raised by agency staff.
The following items are not included in the permitting scope of services presented herein:
• DEP Coastal Construction Control Line Permits for Construction Staging or other
unknown Contractor means and method related activities that may impact the beach-
_ dune system.
• Utility engineering and permits for such elements as water fountains or fish cleaning
stations
• State Lands Easement modification
• Response to objections or legal actions
3. Bidding and Award Services
Duration: up to 4 months from authorization to proceed
The Project delivery method has been re-evaluated to provide for adesign-bid-build approach instead
which would allow the design consultant to proceed with the permitting process and finalize
documents
• Trips and meeting schedule to be determined. Three (3) trips are budgeted for this task.
Specific tasks include:
• Assist the City's Procurement officer in the preparation of the necessary Bid Forms, Form
of Agreement and General/Special Conditions of Contract.
• Attend the Client's prebid conference to receive technical questions from the bidder's and
respond as appropriate.
• Provide City with addenda to the bid documents as necessary to clarify document intent.
Addenda to be issued by the City.
• Attend the Client's bid opening, review bid tabulation and supporting documents with the
Client and offer recommendation of action; if work is procured in a method other than
low-bid procurement, in lieu of the bid tabulation and award meeting, Hargreaves
Associates will attend one Contractor bid/proposal meeting to provide consultation to
City as required.
• Attend a briefing with the City's selected bidder and the Client to clarify any uncertain
issues.
4. Construction Related Services
Duration: 12 months from date of written authorization
Hargreaves Associates and its consultants shall assist the City during the construction period and act
as the City's representative in the administration of construction contract. Members of the project
team shall make monthly visits to the site to familiarize itself generally with the progress and quality of
construction and to determine in general if the construction is proceeding in accordance with
Hargreaves Associates design intent and construction documents. On the basis of its observations
while at the site, Hargreaves Associates will keep Client informed of the progress of construction.
Hargreaves Associates may condemn work failing to conform to the contract documents. Hargreaves
Associates shall prepare, review and issue change orders only with prior approval of Client.
Hargreaves Associates shall endeavor to secure compliance by the contractor to the plans and
specifications. Hargreaves Associates shall not be responsible for construction means, methods,
techniques, sequences or procedures in connection with the work and Hargreaves Associates shall not
be responsible for the contractor's errors of omission or failure to carry out the work in accordance
with the contract documents.
Trips and meeting schedule to be determined but shall not exceed 12 (4 person) meetings in Miami
Beach. Any additional trips beyond 12 will be considered additional services. Additional trips will
require prior approval by City.
Specific Services:
• Consult with and advise the City, and act as City's representative as provided in the general
conditions of the construction contract. All of Client's instructions to Contractor should be
issued by Hargreaves Associates, who should have authority to act on behalf of Client to the
extent provided in the General Conditions of the construction contract except as otherwise
_ provided in writing.
• Review and approve shop drawings, samples and other data which the Contractor is required
to submit, but only for conformance with the design concept of the project and compliance
with the information given in the Construction Contract Documents. Such reviews and
approvals or other action will not extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions and programs incident thereto.
• Issue necessary interpretations and clarifications of the Construction Contract Documents
and prepare bulletins, work directive changes and change orders as required.
• Make regularly scheduled visits to the site at intervals appropriate to the various stages of
construction in order to observe the progress and quality of the various aspects of the
Contractor' work. Based on information obtained during such visits and on such
observations, Hargreaves Associates will endeavor to determine, in general, if such work is
proceeding in accordance with the contract documents.
• For this project, Hargreaves site visits will be limited to no more than 12, 2-day visits.
Hargreaves Associates will prepare and distribute a site observation report for each site visit.
• On the basis of site observations, Hargreaves Associates will disapprove of or reject
Contractor's work while it is in progress if Hargreaves Associates believes that such work will
not produce a completed project that conforms generally to the contract documents or that it
will prejudice the integrity of the design concept of the project as reflected in the Construction
Contract Documents.
• As the City's representative, Hargreaves Associates may require special inspection or testing
of the work by the City's testing agency, and will receive and review all certificates of
inspections, testing and approvals required by laws, rules, regulations, ordinances, codes,
orders or the contract documents. A copy of the testing agency reports will be distributed to
the City, Hargreaves Associates and the Contractor.
• Act as initial interpreter of the requirements of the contract documents, judge of the
acceptability of the work, and render an opinion on all claims of Client and Contractor relating
to the acceptability of the work or the interpretation of the requirements of the contract
documents pertaining to the execution and progress of the work.
• Based on on-site observations and review of applications for payment, with the accompanying
data and schedules, Hargreaves Associates will determine the amounts owing to the
Contractor and recommend, in writing, payments to Contractor. Recommendation of
payment will constitute a representation to the Client, that the work has progressed to the
point indicated, and that the quality of such work is generally in accordance with the contract
documents. By recommending any payment, Hargreaves Associates does not represent that
exhaustive, continuous or detailed reviews or examinations have been made to check the
quality or quantity of the Contractor's work.
• Receive and review maintenance and operating instructions, schedules, guarantees, bonds
and certificates of inspection, tests and approvals which are to be assembled by the
Contractor in accordance with the Construction Contract Documents. Such review will only
be to determine that their content complies with the requirements of, and in the case of
certificates of inspection, tests and approvals the results certified indicate compliance with,
the Construction Contract Document.
Hargreaves Associates will conduct 1 (one) inspection to determine if the work is substantially
complete and prepare a punch list of uncompleted or unacceptable work items. Upon notice
that all punch list items are complete, 1 (one) final inspection will be held to determine if the
completed work is acceptable. Hargreaves Associates will recommend, in writing, final
payment to Contractor and/or give written notice to the Client and the Contractor that the
work is acceptable.
III. EXCLUSIONS TO SCOPE OF SERVICES
Client shall provide the following information or services as required for performance of the work.
Hargreaves Associates assumes no responsibility for the accuracy of such information or services and
shall not be liable for error or omissions therein. Should Hargreaves Associates be required to provide
services in obtaining or coordinating compilation of this information, such services shall be charged as
Additional Services.
A. Making planning surveys, feasibility studies, and special analyses of Client's needs to clarify
the requirements for the project programming.
B. Preparation of additional record drawings or of measured drawings of existing conditions
beyond current survey.
C. Professional, overhead aerial photographs at controlled scale, if so as required for permitting.
D. Preparing additional perspectives, renderings, models prepared upon the Client's request and
not otherwise provided herein.
E. Engineering other than that provided with the Scope of Services
F. Community meetings
G. Participation in Art in Public Places process
H. Soils testing and/or engineering and/or the preparation of as-built utility base information.
I. Aquatic resource surveys, underwater reconnaissance, geotechnical surveys or other
additional investigative surveys or reconnaissance beyond what is specified in the scope of
services above.
J. Assist the Client in obtaining negotiated construction contract proposals.
K. Providing services to investigate in the work of independent consultants.
L. Revising drawings, specifications or other documents when the revisions are inconsistent with
written approvals or instructions previously given; required by the enactment or revision of
codes, laws or regulations subsequent to the preparation of such documents; and/or due to
other causes not solely within Hargreaves Associates or its sub-consultants control.
M. Preparing drawings, specifications, supporting data and providing other services in
connection with change orders required due to causes not solely within Hargreaves
Associates and sub-consultant control. This includes revisions and changes in approved
drawings and the preparation of alternates and change orders requested by the Client.
N. Plan preparation and construction observation for portions of a Project let on segregated bid
basis or to be phased during construction.
O. Providing additional consultation and services during construction due to replacement of any
work damaged by vandalism or other cause during construction, default or insolvency of the
Contractor, or by major defects or deficiencies in the work of the Contractor.
P. Providing services after issuance to the City of the final Certificate of Payment, or in the
absence of a final Certificate for Payment, more than sixty days after the date of substantial
completion of the work, provided the delay is not caused by Hargreaves Associates.
Q. Providing prolonged contract observation should the construction time be extended past
twelve months through no fault of Hargreaves Associates.
R. Additional trips, site visits and presentations beyond those listed.
S. Given the very unique conditions of the pier construction project, such as its physical setting,
sensitive environmental conditions and the associated regulatory and landownership legal
context, the project team is not responsible for any change in the scope of services that may
be incurred due to circumstances that are unknown upon issuance of this scope of services or
are beyond our immediate control, including, but not limited to, changes in physical
conditions, changes in agency policies or regulations, agency delays, public comments or
objections that change or delay the project, and/or legal actions.
V. DEVELOPMENT BUDGETS
A. Based upon our participation in two City of Miami Beach Finance & Citywide Projects Committee
meetings to review schematic design alternatives and costs, we understand that based on the July
10, 2008 F&CWPC meeting, the construction development budget for all items of work under the
Scope of Services (hard costs) is $4 million.
B. This construction development budget shall be reviewed and confirmed by the City of Miami
Beach at the completion of Construction Documents.
C. In the event that the $4million construction budget previously approved by CMB is reduced or
increased by more than 10% between the time of approval of the Schematic Design Phase and the
time of award of a construction contract, cost of modification of drawings and specifications to
meet the reduced project budget shall be considered Additional Services.
VI. FEES AND TERMS
Services described above in "II. Scope of Services" shall be provided for the fixed sum of US$416,612,
excluding reimbursables expenses. These services shall be provided in accordance with the terms and
conditions in Appendix A attached hereto and which is incorporated and made part ofthis Agreement
by reference. A breakdown of the fee is provided on the next page.
Reimbursable expenses are not included in the fee for professional services and will be invoiced per
the terms and conditions in Appendix A and the attached fee breakdown.
We would be pleased to answer questions you may have or to clarify various points above. If this
proposal meets with your approval, please sign below and return one copy for our files.
Sincerely,
V '
Gavin McMillan
Principal
Accepted by,
Name:
Name Printed:
Title:
Date:
APPENDIX A
Appended to and part of Agreement for Professional Services between Hargreaves Associates and the
City of Miami Beach dated January 12, 2005.
FEE FOR PROFESSIONAL SERVICES
Services outlined under the Scope of Services shall be provided for the fixed sum stipulated in the
Agreement for Professional Services.
Services outlined under Additional Services shall be provided on a time basis computed as follows:
Personnel
Hargreaves
Jones
Principal
Associate/Sr. Associate
Staff
Rate
$350.00/hour
$250.00/hour
$160.00-250.00/hou r
$75.00-175.00/hour
$50.00-95.00/hour
Rates are valid for the current calendar year but may be increased subsequently, upon written request
and approval.
REIMBURSABLE COSTS
The following costs shall be reimbursed at cost and are not included in the Fee for Professional
Services:
A. Cost of copies of drawings, specifications, reports and cost estimates; xerography and
photographic reproduction of drawings and other documents furnished or prepared in
connection with the work of this Contract.
B. Fees for sub-consultants, in addition to those listed in the scope of services, retained by
Hargreaves Associates and approved in advance by Client.
ADDITIONAL SERVICES
A. See Scope of Work Exclusions.
OTHER CONTRACT TERMS AND CONDITIONS PER THE ORGINAL CONTRACT WITH CITY.
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