Coastal Systems Int'l Agreement
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
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AND
COASTAL SYSTEMS INTERNATIONAL, INC.
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FOR
PROFESSIONAL ARCHITECTURAL, ENGINEERING AND
CONSTRUCTION MANAGEMENT SERVICES
FOR THE
NORTH BEACH RECREATIONAL CORRIDOR AND RENOVATION OF
THE ADJOINING ALLISON AND BAND SHELL PARKS
JULY 2001
City of Miami Beach North Beach recreational Corridor
May 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 Consultant
1.6 City's Project Coordinator
1. 7 Program Manager
1. 8 Basic Services
1.8.1 The Project
1.8.2 The Project Cost
1.8.3 The Project Scope
1. 9 Construction Cost
1.9.1 Construction Cost Budget
1.9.2 Statement of Probable Construction Cost
1.10 Force Majeure
1.11 Contractor
1.12 Contract Documents
1.13 Contract for Construction
1.14 Construction Documents
1.15 Change Order
1.16 Additional Services
1.17 Work
1.18 Services
1.19 Base Bid
1.20 Schedules
1.21 Scope of Services
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ARTICLE 2.
2.5
2.6
2.7
2.8
2.9
2.10
2.11
BASIC SERVICES
Planning Services
Design Services
Bidding and Award Services
Construction Phase Services
Additional Services
Responsibility for Claims and Liabilities
Time
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ARTICLE 3. THE CITY'S RESPONSIBILITIES
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ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
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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 II. INSURANCE
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ARTICLE 12. INDEMNIFICATION
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ARTICLE13. VENUE
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ARTICLE 14. LIMITATION OF LIABILITY
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ARTICLE IS. MISCELLANEOUS PROVISIONS
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ARTICLE 16. NOTICE
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SCHEDULES
SCHEDULE "A" - SCOPE OF SERVICES
SCHEDULE "B" - CONSULTANT COMPENSATION
SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE
SCHEDULE "D" - PROJECT SCHEDULE
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
COASTAL SYSTEMS INTERNATIONAL, INC.
FOR PROFESSIONAL
ARCHITECTURAL, ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES
This Agreement made and entered into this 18 ttday of ~, 2001, 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 Coastal Systems Intemational, Inc., 464 South Dixie
Highway, Coral Gables, FL 33146 (hereinafterreferred to as Consultant).
WITNE S SETH:
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 construction 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 Consultant, in consideration of the mutual covenants and
agreements herein contained, agree as follows:
City of Miami Beach North Beach recreational Corridor
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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 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.20-00/01 FOR PROFESSIONAL ARCHITECTURAL
AND ENGINEERING SERVICES FOR DESING, PERMITTING AND
CONSTRUCTION MANAGEMENT Of the NORTH BEACH RECREATIONAL
CORRIDOR AND RENOVATION OF THE ADJOINING ALLISON AND BAND
SHELL PARKS) 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 Coastal Systems
International, a Florida corporation having principle offices at 464 South Dixie Highway,
Coral Gables, FL 33146. When the term "Consultant" is used in this Agreement it shall
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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.
The following subconsultants were included in the Consultant's Proposal and are hereby
approved for the Project:
EDA W, Inc.
777 Meridian A venue, Suite 20 I
Miami Beach, FL 33139
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 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.
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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
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.
1.9.1 CONSTRUCTION COST BUDGET The "Construction Cost Budget"
shall mean an amount budgeted by the City for Construction Cost, as specified in the
Project Scope in Schedule "A" attached hereto.
1.9.2 STATEMENT OF PROBABLE CONSTRUCTION COST The
"Statement of Probable Construction Cost" shall mean a forecast of Construction Cost
prepared by the Consultant, as defined in attached Schedule "A" entitled "Scope of
Services", 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.
1.10 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 substantial impact on
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the Project; other causes beyond the parties' control; 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 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 the bid and Construction Documents for the Project.
1.12 CONTRACT DOCUMENTS
"Contract Documents" shall mean this
Agreement; the Agreement between City and Contractor; Conditions of the Contract
(General Supplementary and other Conditions); Construction Documents; and addenda
issued prior to execution of the Contract for Construction. A Modification is one of the
following: (I) 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 Consultant.
1.13 CONTRACT FOR CONSTRUCTION "Contract 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 Article 2.7 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 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
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such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contract Amendments for less than twenty-five thousand
($25,000.00), the City Manager 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.
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 its 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 obligations herein.
1.19 BASE BID "Base Bid" shall mean the elements contained in the Construction
Documents recommended by the Consultant and approved by the City as being within the
Construction Cost Budget 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
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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.
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 the Consultant upon receipt of a
written Notice to Proceed issued by the City Manager, or his designee-Consultant 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
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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.
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 this nature 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 it Contract Documents.
2.5 PLANNING SERVICES: Consultant shall perform Planning Services as noted
in attached Schedule "A" entitled "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 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 construction phase services as noted in attached Schedule "A"
entitled "Consultant Service Order".
2.9 ADDITIONAL SERVICES
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Consultant shall provide Additional Services as noted in attached Schedule "A" entitled
"Consultant Service Order".
2.10 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City
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 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 furnished 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 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,
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
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best efforts to maintain, on behalf of the City, a constructive, professional, cooperative
working relationship with the Program Manager, Contractor(s), and others that have been
contracted to perform Services and / or Work pertaining to the Program. While the
Services to be provided by Consultant under this Agreement will be provided under the
general direction of the City's Program Coordinator and Program Manager, 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
contracts for the design and construction work.
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, Contractors, and other consultants retained by the City, the intent of
such requirement is to enable the Consultant to receive input from other:s' 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. Consultant 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. Jhe term "timely" shall be construed to
mean as soon as possible under the circumstances, taking into account the requirements
ofthe Project Schedule.
2.17 The City shall have the right at any time, and in its sole and absolute discretion, to
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submit for review to consulting engineers or consulting architects or other consultants,
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 shall cooperate fully in such review at
the City's request.
2.18 Consultant agrees to certify and warrant all estimates of Construction Cost
prepared by Consultant. Said certifications shall be in a form approved by the City.
2.19 Consultant represents to City that all evaluations of the City's Project budget,
Consultant generated Statement of Probable Construction Cost, and detailed estimates
represent Consultant's best judgement as a design professional familiar with the
construction industry. Consultant cannot and does not guarantee that bids or negotiated
prices will not vary from any estimate of Construction Cost or evaluation prepared or
agreed to by Consultant.
2.20 Consultant agrees that, when the Services to be provided hereunder relate 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 authorized 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 of the City. Consultant further agrees to obtain a binding
agreement with its Project Manager providing a minimum of six (6) months notice before
assuming a different position, said notice receivable by the City at its discretion.
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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 other
personnel employed or retained by Consultant, or any subconsultant or subcontractors
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 in 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
subject to City's review and approval and shall be in accordance with the generally
accepted standards of professional practice in 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 Scope of Services 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
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originally anticipated, whether or not the Scope of Services 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 1.16, 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 Scope of Services.
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 the originally
anticipated level of effort without the prior written consent of the 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 City to file in its filing system. In addition, Consultant shall
provide electronic Project documents files to the City, 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 extent that
acts or omissions by the City or others make such performance impossible.
2.28 In the event Consultant is unable to timely complete the Project 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 anticipated schedule of completion. City, upon
review of Consultant's submittal and such other documentation as the City may require,
may grant a reasonable extension of time for completion of the Project and may provide
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reasonable compensation, if appropriate.
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.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Coordinator to act as the City'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 that
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 1.16 requirements, including but not limited to the following:
a) The Scope of Services 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
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information City has available pertinent to the Project, 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 Request 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,
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 the 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 sub
consultants 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 thereofto the Consultant.
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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
Agreement.
3.7.1 The City Commission shall be the 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 therein and
any subcontracts made pursuant to this Agreement. Assignment and transfer shall be
defined to include sale of the majority of the stock of a 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 the 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 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).
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City of Miami Beach North Beach recreational Corridor
May 2001
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
pursuant to this Agreement which are not otherwise expressly provided for in this
Agreement, and shall attempt to render administrative decisions promptly to avoid
unreasonable delay in the progress ofthe Consultant's services. The City Manager, in his
administrative discretion, may consult with the City Commission concerning disputes or
matters arising under this Agreement regardless of whether such matters or disputes are
enumerated herein.
3.8.2 The City Manager shall be authorized, but not required, at the request of the
Consultant, to reallocate monies already budgeted toward payment of the Consultant,
provided, however, that the Consultant's compensation or other budgets established by
this Agreement cannot be increased.
3.8.3 The City Manager, or his designee, shall be the sole representative of the City
authorized to issue a Notice to Proceed, as referenced in attached Schedule "A" entitled
"Scope of Services".
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
17
City of Miami Beach North Beach recreational Corridor
May 2001
inquire of or consult with persons for the purpose of recelVmg 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
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 Construction Cost Budget limitations established herein, and, if
such budget is exceeded, the City may, at its sole option and discretion, terminate this
Agreement without any further liability to the City.
4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more
than five percent (5%), the City 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 renegotiation 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 the City; (4) select as many Deductive Alternatives as may be
necessary to bring the award within the Construction Cost Budget; or (5) cooperate with
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 City, in order to
bring the bids within five percent (5%) ofthe Construction Cost Budget.
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City of Miami Beach North Beach recreational Corridor
May 2001
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional 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 a "Not to Exceed" amount on additional
Reimbursable Expenses (if any); the amended Construction Cost Budget (if applicable);
and an amended completion date for the Project (if any). "Not to Exceed" shall mean the
maximum cumulative hourly fees allowable, which the Consultant shall not exceed
without specific written authorization 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 ofthe 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
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City of Miami Beach North Beach recreational Corridor
May 2001
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. Assistance in connection with bid protests, rebidding or renegotiating
contracts for construction, materials, equipment or services, except as otherwise
expressly provided for herein.
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 interest of the Project. All Reimbursable
Expenses pursuant to this Article, in excess of $500, must be authorized in advance by
the City's Program Manager. 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.
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City of Miami Beach North Beach recreational Corridor
May 2001
6.2.4 Fees for necessary permits shall be paid directly by the City.
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 the "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 "Not
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.
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 North Beach recreational Corridor
May 200 I
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
Statistics. Such adjustment shall be calculated 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 percent (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 total hours of work performed by employee category and the
respective hourly billing rate associated with the employee category from the Hourly
Rate Schedule. 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
the Mayor and City Commission.
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City of Miami Beach North Beach recreational Corridor
May 2001
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 "Scope of
Services" 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 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
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City of Miami Beach North Beach recreational Corridor
May 200 I
Agreement. In the event there is a lack of adequate funding for the Project, the Project
may be abandoned or terminated, and the City may cancel this Agreement as provided for
herein without further liability to the City.
10.2 Termination For Cause The City may terminate this Agreement for cause in the
event that the Consultant (I) violates any provisions of this Agreement or performs same
in bad faith or (2) unreasonably delays the performance of the Services, upon notice to
the Consultant, in writing, seven (7) days prior to termination. In the case of termination
by the City for cause, the Consultant shall be granted a thirty (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 actual cost 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.
10.2.4 In the event of a termination for cause, no payments to the Consultant shall be
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City of Miami Beach North Beach recreational Corridor
May 200 I
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 other provisions set forth in this
Agreement, retains the right to terminate this Agreement, at its sole option, at any time,
for convenience, without cause and without penalty, when in its sole discretion it deems
such termination is in the best interest of the City, upon notice to Consultant in writing
fourteen (14) days prior to termination. In the 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 the Consultant, except as set forth in Article 7.
10.4 Termination By 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 right 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 (I)
stop the performance of Services under this Agreement on the date and to the extent
specified in the Notice of Termination; (2) place no further orders or subcontracts except
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City of Miami Beach North Beach recreational Corridor
May 2001
for any that may be authorized, in writing, by the City, prior to their occurrence; (3)
terminate all orders and subcontracts to the extent that they relate to the performance of
the Services terminated by the Notice of Termination; (4) promptly assemble and submit,
as provided herein, all documents for the Services performed, including drawings,
calculations, specifications, correspondence, and all other relevant materials affected by
the termination; and (5) complete performance of any Services as shall not have been
terminated by the Notice Of Termination, And As Specifically Set Forth Therein.
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 contingent
upon the execution of this Agreement. For breach or violation of this warranty, the City
has the right to terminate this Agreement without liability 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 the 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 $150,000
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.
(b) Comprehensive General Liability Insurance III the amount of
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City of Miami Beach North Beach recreational Corridor
May 200 I
$1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for
each occurrence, which will include products, completed operations, and
contractual liability coverage. The City must be named as an additional insured
on this policy.
(c) Worker's compensation and employer's liability coverage within the
statutory limits of the State of Florida.
11.2 The Consultant must give thirty (30) days prior written notice of cancellation or
of substantial modifications in the insurance coverage, to the City Manager.
11.3 The insurance must be furnished by an insurance company rated B+: VI or better,
or its equivalent, according to Bests' Guide Rating Book and must additionally be
furnished by insurance companies duly authorized to do business in the State of Florida
and countersigned by the company's Florida resident agent.
11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all
insurance policies required above. City reserves the right to require a certified copy of
such policies upon request. All certificates and endorsements required herein shall state
that the City shall be given thirty (30) days notice prior to expiration or cancellation of
the policy.
ARTICLE 12. INDEMNIFICATION
12.1 In consideration ofa separate and specific consideration of$IO.OO 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
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
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City of Miami Beach North Beach recreational Corridor
May 2001
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 representatives 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 County, 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
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
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City of Miami Beach North Beach recreational Corridor
May 2001
placed upon City's liability as set forth in Section 768.28, Florida Statutes.
. ARTICLE 15. MISCELLANEOUS PROVISIONS
15.1 The laws ofthe State of Florida shall govern this Agreement.
15.2 Equal Opportunity Employment 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 Entity Crimes Act: In accordance with the Public Entity Crimes Act
(Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who
has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services
to the City, may not submit a bid on a contract with the City for the construction
or repair of a public building or public work, may not 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.
15.4 No Contingent Fee: Consultant warrants that it has not employed or retained any
29
City of Miami Beach North Beach recreational Corridor
May 200 I
company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement and that it has not paid or agreed to
pay any person, company, corporation, individual or firm other than a bona fide
employee working solely for Consultant any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this 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 ofthe 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 Project.
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
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City of Miami Beach North Beach recreational Corridor
May 2001
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal
dignity herewith.
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 C. Middaugh, Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Bruce D. Henderson, Environmental Specialist / Project Coordinator
Environmental Resources Management Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
and
Office ofthe City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
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City of Miami Beach North Beach recreational Corridor
May 200 I
All written notices given to the Consultant from the City shall be addressed to:
Mr. Harvey Sasso, P.E.
Coastal Systems International, Inc.
464 South Dixie Highway
Coral Gables, Florida 33146
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
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City of Miami Beach North Beach recreational Corridor
May 200 I
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
~xr~
CITY CLERK
Witness
~17}uJ
Chrt's!r J: EvusL.
Print Name
Witness
Print Name
APPROVED AS TO
FORM. LANGUAGE
afOR ION
~ 1/ IS"-- 11
~[ -
CITY OF MIAMI BEACH
MAYOR
CONSULTANT
R.. ~v'''f.1 ~~O
Print Name of President
Signature of Secretary
Print Name of Secretary
33
SCHEDULE "A" - CONSULTANT SERVICE ORDER
CITY OF MIAMI BEACH
NORTH BEACH RECREATIONAL CORRIDOR PROJECT
The following is a detailed description of the Scope of Work to be provided by the Coastal Systems
International, Inc. (Coastal Systems) team for the City of Miami Beach (City) relative to the design,
permitting, and implementation of the proposed North Beach Recreational Corridor (NBRC) Project
(Project) between 64'h and 79'h Streets. The Project will incorporate those elements described in the
City "Scope of Services" document for RFQ No. 20-00/01, dated 2/14/2001.
CONSULTING SERVICES
PART 1 - PLANNING PHASE SERVICES:
Part 1.1 - Project Kick-Off Meeting
The Coastal Systems 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 NBRC Project scope. Preliminary project goals, timelines, and
budgets will be discussed. Based on this meeting, Coastal Systems will schedule the site
reconnaissance visit. Coastal Systems shall prepare and distribute meeting minutes.
Oeliverab/es: Meeting Minutes
Part 1.2 - Site Reconnaissance and Preliminary Base Map
1.2.1 Data Collection: Coastal Systems will compile available data relating to existing
conditions within the proposed NBRC Project area. This data will include existing site
surveys of oceanfront properties, adjacent street locations, site plans for proposed
oceanfront developments, 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 area will be noted.
-1-
1.2.2 Site Reconnaissance Visit: The Coastal Systems team will schedule and attend one
(1) meeting at the NBRC Project site to observe existing conditions, identify potential
design opportunities and challenges, and photograph relevant features/areas of
interest. The reconnaissance visit will also serve to preliminarily evaluate the condition
of the structures and other features of the two parks in the Project area. The feasibility
and possible layout of proposed structures (walkways, bicycle/rollerblade rental
facilities, information kiosks, food/beverage facilities, comfort stations), landscaping,
parking, and potential water features will be discussed. Coastal Systems will summarize
the discussions in a letter report to the City.
Deliverables: Site Reconnaissance Letter Report
1.2.3 Preliminary Base Map: Coastal Systems will prepare a preliminary Base Map
utilizing available surveys, development plans, ownership records, and legal
descriptions of jurisdictional lines in combination with site observations, as referenced in
Part I(a)above. 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 and vegetation surveys. This preliminary Base Map will also serve to
confirm the additional data that must be obtained for the final survey and Base Map.
Deliverables: Electronic file of Preliminary Base Map (AutoeAD format)
Part 1.3 - Program Planning and Cost Analysis
1.3.1 "Visioning" Session: The Coastal Systems team will organize and attend a
"Visioning" session to be scheduled with the appropriate representatives of the City and
Project team members. The purpose of the "Visioning" session will be to provide an
open forum for "brainstorming" toward developing a project theme and to clarify project
goals. Issues to be discussed shall primarily include the proposed Project theme,
conceptual Project layout and alternative program features. Project budget and
schedule will be reviewed secondarily. Coastal Systems shall prepare and distribute
meeting minutes. This scope may be fulfilled by the Coastal Systems team's
participation in the City's design charrette series "A New Vision for 71" Street North
Beach."
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Deliverables:
One (1) copy of any conceptual design sketches produced
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1.3.2 Initial Conceptual Design: Based on the Project scope documents and direction
provided by the City in the "Visioning" workshop, the Coastal Systems team will start to
develop a theme and conceptual design plans in preparation for the first Community
Design Workshop. A general structure massing/layout plan with conceptual landscape
and hardscape elements will be produced illustrating the alternative treatments for the
various areas of the Project. The location of the proposed NBRC design elements in
relation to the dune, existing structures, adjoining property developments, existing
access points to the beach, and connections to Collins Avenue, Ocean Terrace, and
east-west transportation corridors will be considered as part of the conceptual project
planning process.
Deliverables: One (1) copy ofthe Initial Conceptual Design
1.3.3 Preliminary Cost Opinion: Coastal Systems will provide a preliminary construction
cost opinion for the proposed path and park improvements based upon the conceptual
project plan to confirm those proposed elements that are generally within the available
City budget. This analysis will provide an opinion of unit costs relative to proposed base
and alternate Project elements. This cost opinion may include items that may be added
to the project in future phases of work (not included within this initial project scope),
anticipated to primarily include additional amenities for the parks such as:
Development of an outdoor cafe
Development of rollerblade/skateboard/scooter recreational area
Development of a dog park and/or children's play area
Improvements to the band shell structure/amphitheater amenities
Development of a water feature
Deliverables: Preliminary cost analysis spreadsheet (Excel format)
1.3.4 Review Meeting with City Staff: The Coastal Systems team will attend one (1)
meeting with City staff to review the Initial Conceptual Design plan, meeting minutes
from the conceptual DEP pre-application consultation, and preliminary cost analysis to
insure that any additional comments are addressed prior to scheduling the Community
Design Workshop. The agenda for the Community Design Workshop will also be
discussed.
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Deliverables:
Meeting Minutes
Part 1.4 - Conceptual Design Development
1.4.1 Community Design Workshop: The Coastal Systems team will work with City staff
to plan, schedule, and attend one (1) Community Design Workshop in the City of Miami
Beach for public review and comment regarding the proposed Project. Materials to be
provided by Coastal Systems are anticipated to include conceptual site plans and detail
sketches to illustrate the proposed Project design. The City will assist in securing a
meeting location and publishing Public Notices for the workshop.
Deliverables: Meeting Minutes (possibly with graphics incorporated by reference)
1.4.2 Refined Conceptual Design: The Coastal Systems team will incorporate into the
conceptual plans those Project modifications collectively identified as preferable by the
City and meeting participants, given regulatory and other potential restrictions. The
Coastal Systems team will attend one (1) meeting with City staff to review comments
received at the First Community Design Workshop.
Deliverables: Two (2) copies of the Refined Conceptual Design
1.4.3 Final Conceptual Design Presentation: The Coastal Systems team will work with
City staff to plan, schedule, and attend one (1) half-day Final Conceptual Design
Presentation meeting in the City of Miami Beach to present the Refined Conceptual
Design to the public. Materials to be provided by Coastal Systems are anticipated to
include updated conceptual site plans and detail sketches illustrating the proposed
Project design. Coastal Systems will distribute affidavits to be executed by the riparian
property owners approving the proposed project and conduct individual discussions with
owners to solicit signature of the affidavit at this meeting. The City will assist in securing
a meeting location and publishing Public Notices for the Design Presentation. The
Refined Conceptual Design will be provided to the City so they can be posted for further
public review and comment within a specified time period.
1.4.4 Follow-up Meetings with Property Owners: The Coastal Systems team will, in
conjunction with City staff, coordinate and attend follow-up meetings with property
owners who did not sign the affidavit of authorization at the Final Conceptual Design
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Presentation meeting or pursuant to follow-up by City staff. The Coastal Systems team
will attend up to two (2) days (14 hours total) of meetings under this scope of services.
Any additional design modifications or additional coordination required by the City to
obtain all signed affidavits of authorization will be addressed under a separate scope of
services. The City is ultimately responsible for securing affidavits authorizing the NBRC
Project from the riparian property owners.
Part 1.5 - Basis of Design Report
1.5.1 Cost Opinion Review and Adjustments: The construction cost opinion for the
proposed Final Conceptual Design will be reviewed and adjusted as appropriate for
incorporation into the Basis of Design Report. This cost opinion will include any
additional incremental design options (future design phases/alternatives not included
specifically within the scope of the initial NBRC Project) under consideration by the City.
1.5.2 Basis of Design Report: Coastal Systems will prepare a written report presenting a
summary of all findings and recommendations described above. The report will include
renderings of the recommended Final Conceptual Design for the NBRC Project and
document proposed alternatives/future phases identified by the City. Plans and data
relating to local urban/economic redevelopment initiatives provided by the City will be
summarized in the context of the proposed Project. Construction cost estimates for the
proposed Project will also be presented. A draft of this report will be submitted to City
staff for their review, prior to finalization. Coastal Systems will attend one (1) meeting
with City staff to review the Basis of Design Report. It is expected that the City will issue
a notice to proceed to Coastal Systems for the development of preliminary design
drawings after review of the Basis of Design Report and securing all riparian owners'
affidavits of authorization.
Deliverab/es: Three (3) hard copies of the draft Basis of Design Report
Three (3) hard copies of the final Basis of Design Report
PART 2 - DESIGN PHASE SERVICES:
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Part 2.1 - Engineering and Landscape Design
2.1.1 Engineering Design: The Coastal Systems team will provide the initial engineering
design services required for the Project elements outlined in the design development.
Civil engineering design services will include the initial layout of the trail based on the
design development. The grading design will be initialized to meet the aesthetic intent of
the landscape planting areas. Dune crossovers and connections to Ocean Terrace and
street ends will be located. Access for emergency vehicles will be reviewed and
illustrated. Major structure renovations or new major structures (bathrooms, cafes, etc.)
will be provided, if required, under a separate scope of work.
2.1.2 Landscape Architectural and Signage 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. A separate temporary irrigation system will be designed, if necessary, for the
establishment of dune vegetation. In addition, designs and documentation will be
provided for pedestrian regulatory and directional signage.
2.1.3 Lighting Design: The lighting system will be designed based on the feedback from
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: Coastal Systems will prepare preliminary
design plans at approximately 30% level of completion illustrating details of the
proposed Project. The preliminary design drawings will illustrate plan and profile of the
improvements and will include general details of paving and grading. All path geometry
and elevations will be established, including slopes. Minor drainage system design will
be completed as appropriate for the improvements. Dune crossovers and connections
to Ocean Terrace and street ends. Minor structural design will be conducted for any
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beach structures (such as dune crossovers, kiosks, walls, fences, and other minor
structures) in the proposed improvements. Paving and utility connection
(water/electrical) design will also be developed as required. The plans will incorporate
existing conditions and basic design elements including details of handicap ramps,
decorative pedestrian trail(s), tree locations, and native vegetation.
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 will also be submitted to the City Public
Works Department for review and comment for compliance with Public Works
Standards. Any significant design changes made to the plan set after the 30% review by
the City will require additional fees.
Oeliverables: Four (4) copies of preliminary plans and updated opinion of cost
2.2.2 Final Construction Drawings: Coastal Systems 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 Landscape Architect, as appropriate.
Oeliverables: Five (5) hard copies of the 60% and 90% plans
Five (5) hard copies offinal construction drawings, and electronic file
2.2.3 Technical Specifications: Coastal Systems will prepare technical specifications in
the Construction Specifications Institute (CSI) formatforthe 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. Coastal Systems will prepare a bid form with unit quantities and
documentation for inclusion with the bid package. Permits for the Project will be
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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: One (1) set of technical specifications on 8.5")(11" sheets
2.2.4. Project Team Meetings: In addition to those meetings specifically noted within
other phases of this agreement, the Coastal Systems design team will attend up to
twenty-four (24) local 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 three hours each.
PART 3 - CONSTRUCTION PHASE SERVICES:
Part 3.1 - Bidding and Contract Award
Coastal Systems will attend a maximum offour (4) meetings with the City and contractor(s) toward
concluding the final contract details and to assist with the award of a contract. Coastal Systems 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, Coastal Systems 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, Coastal Systems will coordinate and prepare the necessary Monthly
Periodic Progress Reports and Final Certification, as reqUired by the DEP. In addition, Coastal
Systems engineers will attend an on-site Pre-Construction Conference, as required.
In addition, site visits by a Coastal Systems representative will be made during construction.
Coastal Systems will perform a maximum of forty (40) site visits throughout the expected six-month
construction period. These inspections will supplement the full-time inspections provided by the City
personnel. Coastal Systems will review Shop Drawings and respond to requests for information as
required. Coastal Systems will maintain contact with the City's full-time inspector and City
engineering staff throughout the construction period. Coastal Systems will review all invoices
submitted by the Contractor.
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PART 4 - BASIC SURVEYING SERVICES
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 NBRC Project
area. As they become available, the City shall provide copies of plans for other pedestrian and
vehicular transportation corridor improvements, parks, and other proposed projects in the
surrounding area. The City shall also provide Coastal Systems with copies of any available plat
maps, property surveys, aerial photographs, and recent beach surveys, including Miami-Dade
County surveys or U.S. Army Corps of Engineers L1DAR data. Transmittal of data in a standard
electronic format is preferable. These data will be compiled and used to facilitate comprehensive
urban redevelopment planning during the design phases.
4.1 - Aerial Photography and Planimetric Map
Coastal Systems will coordinate the placement of horizontally and vertically controlled aerial targets
for the photography flight. Coastal Systems will obtain stereographic photographs required to
prepare a detailed planimetric map of the upland parks areas. The aerial photographs will be used
in conjunction with stereographic mapping techniques to prepare a survey plan of the Project area
at a scale of 1 inch equals 20 feet. Planimetric maps having a 1.0-foot contour interval will also be
prepared using the aerial photographs. The photographs will be taken with an aerial camera with
current certificates of calibration and approval for use for mapping by the United States Geological
Survey (USGS). The collected data will be edited and formatted to an AutoCad drawing file. Larger
scaled aerial photographs may also be obtained at additional cost, if required, at a later date.
Deliverab/es: One (1) set of c%r contact prints
4.2 - Final Base Map
Coastal Systems will prepare a final base map by compiling the above Preliminary Base Map and
planimetric map to illustrate the visible existing conditions and topographic contours within the
Project area. The Final Base Map will become the basis for the design development portion of the
Project.
De/iverab/es: Six (6) copies of the Fina/ Base Map (AutoeAD format)
PART 5 - BASIC PERMITTING SERVICES
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Part 5.1 - Miami-Dade County/City of Miami Beach Permits
Coastal Systems will assist the City in securing a City of Miami Beach Building Permit for
construction. Coastal Systems 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. Coastal Systems will attend up to six (6)
two-hour meetings with City and Miami-Dade County DERM staff to review the proposed design
and coordinate authorizations.
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PART 6 - SPECIAL SERVICES
Part 6.1 - Coastal Engineering Services
6.1.1 Coastal Impact Analysis: Coastal Systems will evaluate the storm recession and
storm wave impacts associated with the 30 and 1 DO-year return period storms along the
Project shoreline, consistent with the requirements of the DEP. Specifically, the analysis
will provide the maximum wave crest elevation for these storm events and the predicted
eroded grade elevation at each DEP reference monument within the Project area. In
addition, Coastal Systems will generally analyze local "hot spot" erosion trends,
historical hurricane and other storm activity, and the particular vulnerability of the dune
and proposed path to short and long-term erosion. The impact of the proposed
construction to the beach/dune system will be considered in this analysis.
6.1.2 Coastal Impact Report: Coastal Systems will prepare a report summarizing the
above analyses and providing design recommendations based on the engineering data.
Graphics will be included illustrating predicted erosion of the 3D-year and 1 DO-year
return-period storm events relative to the existing bulkheads/dune and the proposed
Project. These data will assist in confirming appropriate structure location.
Oeliverables: Two (2) copies of the GOBstallmpact Report
Part 6.2 - Coastal Permitting Services
6.2.1 Conceptual Pre-Application Consultation
After the Initial Conceptual Design development, Coastal Systems will prepare for and
attend one (1) Pre-Application Consultation meeting 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 NBRC Project Initial Conceptual design.
Coastal Systems will discuss with DEP staff the proposed design components of the
Project relative to their regulations, and solicit input as to the acceptability of critical
design elements. Coastal Systems 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.
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Oeliverables:
Meeting Minutes
6.2.2 Grants of Perpetual Easement: As the proposed layout of the NBRC Project will
meander landward of the Erosion Control Line (ECl) onto some of the upland
properties, an easement agreement may be required between those properties and the
City. Coastal Systems will work with the City's legal Department to confirm if an
existing applicable easement (e.g. DEP pre-emptive easement for public access) exists
and/or assist in preparation of individual easement agreements, as appropriate.
6.2.3 Additional DEP Pre-Application Meeting: Subsequent to the City's confirmation
as to which design will be developed into preliminary design drawings, Coastal Systems
will attend one (1) additional meeting in Tallahassee with DEP staff to present the Final
Conceptual Design and confirm the acceptability of specific elements of the design.
Coastal Systems will prepare a Conference Report for each meeting documenting the
discussions and summarizing DEP's acceptance of critical design elements. These
reports will serve as DEP's conceptual approval and will become the basis of the final
design and working drawings.
Oeliverables: Conference Report
6.2.4 DEP CCCl Permit Application: The City will provide Coastal Systems 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 Coastal Systems with the relevant legal
description and ownership documentation for the property area impacted by the
proposed Project. Coastal Systems will prepare a permit application for the proposed
project.
6.2.5 DEP Marine Turtle (Exterior Lighting) Application
Coastal Systems will coordinate with the lighting and landscaping team members
toward obtaining items required for the Marine Turtle application. The City shall provide
Coastal Systems with an executed FMR 33-718 Certificate of CCCl Permit Applicant's
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Authorization. Coastal Systems 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.
6.2.6 DEP Division of State lands Easement Research: Regulations require that an
easement be obtained by any entity (local, private, commercial) prior to construction or
other activities on State-owned lands. All lands east of the Erosion Control Line are
owned by the State of Florida. Coastal Systems will research the City's interest in that
portion of the project lying east of the ECl to determine if an easement exists. Coastal
Systems will notify the City if an approval in the form of an easement is required for
construction east of the ECL.
6.2.7 DEP Division of State lands Application and Processing (if necessary):
Coastal Systems will submit easement application form DEP-67 -006(16) and required
attachments regarding this project to the DSl for their review and approval. The City will
provide to Coastal Systems the required attachments, including, but not limited to: a
certified field survey for the proposed easement area, aerial photography with the
proposed easement area indicated, a written commitment to pay an easement fee, a
statement of the public benefits of the project, a formal resolution adopted by the City
Commissioners requesting the easement, a statement from the managing agent stating
how the project conforms with the local management plan, a letter from the city planning
agency stating that the proposed easement conforms with the management plan, and a
statement of intended use. Coastal Systems will confer with DSl staff to advise them of
the details of proposed construction and identify areas of staff concern. Coastal
Systems will maintain telephone contact with the DSl to expedite their review and
processing of the easement application.
6.2.8 DEP Division of State lands Easement Survey and legal Description (if
necessary): If required, Coastal Systems will provide a certified field survey for the
proposed easement area meeting the minimum technical standards of Chapter 61 G17-
6, Florida Administrative Code, which contain the boundaries, legal descriptions, and
acreage of the proposed easement area.
Oeliverables: Proposed easement survey and legal description
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6.2.9 DEP Permit Processing: Coastal Systems will confer with DEP staff to advise them
of the details of the proposed construction and to identify areas of staff concern. Coastal
Systems will maintain telephone contact with the DEP to expedite their review and
processing of the permit application. Coastal Systems will attend up to six (6) additional
meetings in Tallahassee to review the CCCL application along with the
conceptual/preliminary plans. Coastal Systems will review available working drawings to
ensure their compliance with DEP criteria toward expediting the DEP Final Order. In
addition, Coastal Systems 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.
Coastal Systems will also maintain telephone contact with the DEP Environmental
Specialists to expedite their review and processing of the proposed exterior lighting.
Coastal Systems 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.
6.2.10 DEP Notice to Proceed: Coastal Systems will provide services to assist the City in
securing a DEP "Notice to Proceed" authorizing commencement of construction.
Specifically, Coastal Systems will provide services relative to coordinating and
processing final construction drawings and meeting Special Permit Conditions outlined
in the Final Order. Coastal Systems will attend up to two (2) additional meetings in
Tallahassee to review final construction plans and other items required to secure the
Notice to Proceed.
6.2.11 Pre-Construction and Final Inspection Meetings: Subsequent to issuance of the
DEP Notice to Proceed, the Coastal Systems permitting project manager 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.
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Subsequent to completion of construction, Coastal Systems 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.
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Part 6.3 - Coastal Surveying Services
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 NBRC Project
area. As they become available, the City shall provide copies of plans for other pedestrian and
vehicular transportation corridor improvements, parks, and other proposed projects in the
surrounding area. The City shall also provide Coastal Systems with copies of any available plat
maps, property surveys, aerial photographs, and recent beach surveys, including Miami-Dade
County surveys or U.S. Army Corps of Engineers L1DAR data. Transmittal of data in a standard
electronic format is preferable. These data will be compiled and used to facilitate comprehensive
urban redevelopment planning during the design phases.
6.3.1. Coastal Aeriai Photography and Planimetric Map: Coastal Systems will
coordinate the placement of horizontally and vertically controlled aerial targets for the
photography flight in the project coastal zone. Coastal Systems will obtain stereographic
photographs required to prepare a detailed planimetric map of the coastal area,
including the existing dune and seaward face of existing buildings/seawalls/decks along
the beach. The aerial photographs will be used in conjunction with stereographic
mapping techniques to prepare a survey plan of the Project area at a scale of 1 inch
equals 20 feet. Planimetric maps having a 1.0-foot contour interval and with spot
elevations on existing structures within and adjacent to the Project area will also be
prepared using the aerial photographs. The photographs will be taken with an aerial
camera which has current certificates of calibration and approval for use for mapping by
the United States Geological Survey (USGS). The collected data will be edited and
formatted to an AutoCad drawing file. larger scaled aerial photographs may also be
obtained at additional cost, if required, at a later date.
Deliverab/es: One (1) set of c%r contact prints (9" x 9')
6.3.2. Coastal Topographic Survey: A topographic survey delineating property
boundaries, existing structures, and topographic elevations within the coastal Project
area will be prepared by the Coastal Systems team in compliance with the requirements
of the Florida Department of Environmental Protection (DEP) pursuant to Chapter 62B-
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
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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
serve to ground-truth the planimetric map data and meet DEP permitting criteria; it will
be signed and sealed by a Professional land Surveyor registered in the state of Florida.
Deliverables: Six (6) signed and sealed copies of the Topographic Survey
6.3.3. Vegetation Mapping: The Coastal Systems team will map the areas of existing
native and non-native vegetation within the proposed NBRC Project area for use in the
landscaping design and to evaluate any potential environmental impacts of the Project.
The dominant exotic and native plant species that are regulated by the City or DEP will
be noted.
6.3.4. Final Base Map: Coastal Systems will prepare a final base map by compiling the
above Preliminary Base Map, planimetric map, topographic survey, and vegetation map
to illustrate the visible existing conditions within the Project area. The Final Base Map
will become the basis for the design development portion of the project.
Deliverables: Six (6) copies of the Final Base Map
Electronic file (AutoeAD format)
Part 6.4 - Coastal Impact Mitigation Design
6.4.1 Fill Engineering Design: Coastal Systems will prepare initial design plans suitable for
submittal to the DEP illustrating the proposed dune fill to expand the landward side of
the dune to create/improve an erosion prevention structure. Fill elevation and slopes will
be designed, with proposed slopes in the shore-parallel and shore-normal directions.
Required connections to street ends and landward properties will be considered in this
initial fill design. A proposed fill volume will be calculated. After review and verbal
approval by the DEP, the fill design will be incorporated into the Preliminary Mitigation
Drawings.
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6.4.2 Dune VegetationlRestoration Design: Coastal Systems will prepare initial design
plans suitable for submittal to the DEP illustrating the proposed dune vegetation to
replace exotics and to vegetate the expanded dune structure. Plans will include areas to
be vegetated, native salt-tolerant plant species, and appropriate specifications for
planting. After review and verbal approval by the DEP, the dune restoration design will
be incorporated into the Preliminary Mitigation Drawings.
6.4.3 Preliminary Mitigation Drawings: Coastal Systems will prepare preliminary mitigation
drawings at approximately 30% level of completion illustrating details of the proposed
Project. The preliminary mitigation drawings will illustrate plan and section views of the
dune restoration improvements. Fill elevations and slopes will be established.
Temporary or permanent irrigation for the dune vegetation, as authorized by the DEP,
will be designed. These plans will be submitted to the City for review and approval prior
to proceeding with the Final Mitigation Drawings.
6.4.4 Final Mitigation Drawings: Coastal Systems will incorporate comments from the City's
review of the Preliminary Mitigation Drawings into the Final Mitigation 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 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 a Florida Registered
Professional Engineer or Registered Landscape Architect, as appropriate.
Deliverables: Five (5) hard copies of the 60% and 90% plans
Five (5) hard copies affinal construction drawings, with electronic file
PART 7 - REIMBURSABLE EXPENSES:
Part 7.1 - ReproductionlTransmission Charges
Reproduction and transmissions will be invoiced pursuant to the attached Schedule "C".
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Part 7.2 - Direct Reimbursahle Expenses
Direct reimbursable expenses, such as photocopies, telephone calls, and mileage, will be invoiced
pursuant to the attached Schedule "C".
Part 7.3 - Transportation
Transportation expenses, such as airfare and mileage, will be invoiced pursuant to the attached
Schedule "C".
GENERAL CONDITIONS/ASSUMPTIONS:
a. Design drawings created in AutoCAD will be provided to the City in electronic format.
b. Major design changes after the completion of the Final Conceptual Design as confirmed by
the City after review of the Basis of Design Report or the 30% set of preliminary
construction drawings will be negotiated under a separate scope of services. For the
purposes of this agreement, a "major" change would be a total increase or decrease greater
than 15% of the total design.
c. Coastal Systems is not responsible for any change in the scope of services that may be
incurred due to circumstances beyond our control, including, but not limited to, changes in
regulations and other legal actions.
d. The following items are not included in the scope of services presented herein:
)> Beachfront Management Plan update
)> Design of bathrooms, cafes, or other major structures with substantial foundations
)> Transportation planning
)> Public hearings, meetings, or workshops (beyond the scope specifically noted above)
)> Environmental testing or engineering
)> Illustrative renderings
)> Model building
)> FEMA consultations
)> DEP Partial Notices to Proceed
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~ DEP Field Permits
F:\l>roject\201000\Proposal\(OI-06-26)ScheduleA-ScopeofScrvices_revised,doc
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SCHEDULE "B" - CONSULTANT COMPENSATION
Revised June 26,2001
PART 1 . PLANNING SERVICES:
1.1 - Project Kick-Qff Meeting
1.2 - Site Reconnaissance and Preliminary Base Map
1.2.1. Data Collection
, .2.2. Site Reconnaissance Visit
1.2.3. Prelimimll'Y Base Map
Subtotal
1.3 - City Program Plannina and Cost Analysis
1.3.1. .Visioning'" Session with City Staff
, .3.2. Initial Conceptual Design
1.3.3. Preliminary Cost Analysis
1.3.4. Review Meeting{s) With City Staff
Subtotal
1.4 - Community Conceptual Design Review and Acceptance
1.4.1. Community Design Workshop
1.4.2. Refined Conceptual Design
1.4.3. Final Conceptual Design Presentation
1.4.4. Follow Up Meetings with Property Owners
Subtotal
1.5 - Basis of Design Report
1.5.1. Cost Opinion Review and Adjustments
1.5.2. Basis of Design Report
Subtotal
$ 3,000.00
$ 8,000.00
$ 3.500.00
$ 4.000.00
$ 15,500.00
$ 4.000.00
$ 8.000.00
$ 3,000.00
$ 2.000.00
$ 17.000.00
$ 8.800.00
$ 6.600.00
$ 5,500.00
$ 4,500.00
$ 25,400.00
$
$
PART 2 - DESIGN PHASE SERVICES:
2.1 - Engineering and Landscape Design
2.1.1. Engineering Design
2.1.2. landscape Architectural and Signage Design
2.1.3. lighting Design
Subtotal
2.2 p Construction Drawings and Specifications
2.2.1. Preliminary Construction Drawings
2.2.2, Final Construction Drawings
2,2.3. Technical Specifications
2.2.4. Project Team Meetings
Subtotal
$
$
$
$
$
$
$
$
12,000.00
24,000.00
7,500.00
43,500.00
,',:", )_,'s., ;\' "'~'''~'~~~'~{.1J',~~~
SCHEDULE "B" - CONSULTANT COMPENSATION
Revised June 26, 2001
PART 6 . SPECIAL SERVICES:
6.1 - Coastal Engineering Services
6.1.1. Coastal Impact Analysis
6.1.2. Coastal Impact Report
Subtotal
6.2 - Coastal Permitting Services
6.2.1. Conceptual DEP Pre-Application Consultation
6.2.2. Grants of Perpetual Easement
6.2.3 Additional DEP Pre-Application Meeting
6.2.4 DEP CeCl Permit Application
6.2.5 DEP Marine Turtle (Exterior Lighting) Application
6.2.6 DEP Division of State lands Easement Research
6.2.7 DEP Division of State Lands Application and Processing (if necessal)'):
6.2.8 DEP Division of State Lands Easement Survey and legal Description (if n~essal)'):
6.2.9 DEP Permit Processing
6.2.10 DEP Notice to Proceed
6.2.11 Pre-Construction alld Final Inspection ~tings
Subtotal
6.3 - Coastal Surveying Services
6.3.1 Coastal Aerial Photography and Planimetric Map
6.3.2 DEP Topographic Survey
6.3.3 Dune/Coastal Vegetation Mapping
6.3.4 Coastal Final Base Map
Subtotal
6.4 - Coastal Impact Mitisation Design
6.4.1 - Fill Engineering Design
6.4.2 - Dune VegetationIRestoration Design
6.4.3 - Preliminary Mitigation Drawings
6.4.4 . Final Mitigation Drawings
Subtotal
$ 13,300.00
$ 5.000.00
$ 18,300.00
$ 3.000.00
$ 2,500.00
$ 2,500.00
$ 4.000.00
$ 3.000.00
$ 2.000.00
$ 3.500.00
$ 2.000.00
$ 41,400.00
$ 9,000.00
$ 1,800.00
$ 74,700.00
$ 14,760.00
$ 13,940.00
$ 6,700.00
$ 6.560.00
$ 41,960.00
,L'."nli.Ei1~"'l,\l.\lJlt_,*,,*tji~_m,.,_~~~ "'.....". I
$
$
$
$
$
3.000.00
8,000.00
9.000.00
1 0,000.00
3000000
c?,~t> \Oi/\ L
'-It 5BII'4-0. 00
SCHEDULE "C" - HOURLY RATE SCHEDULE
Revised 6/12/01 for the City of Miami Beach
TITLE
HOURLY RATE
$ 145.00
$ 120.00
$ 103.00
$ 87.00
$ 73.00
$ 52.00
$ 40.00
Principal/Project Director
Project Manager
Senior Engineer/Architect
Engineer/Architect/Permit Specialist/Biologist
Designer
CAD TechnicianlEngineering Technician
Administrative Assistant/Clerical
REIMBURSABLE EXPENSES
Plotting/Blueprints
Xerox Copies - Cost Per Sheet
Fax Transmissions - Cost Per Page
Mileage - Cost Per Mile
Other project related expenses
Cost x 1.1
$.20 x 1.1
$.50 x 1.1
$.34 x 1.1
Cost xl.I
EQUIPMENT (if required)
Cost xl.I
SUBCONTRACTED EXPENSES
Cost xl.I
INVOICING
AND
SERVICE
CHARGES:
Invoices will be submitted monthly and are due within 30 days. A service charge of 1'i2% per
month will be added to invoices remaining unpaid after 30 days. Invoices unpaid after 60 days
may cause work on the project to stop.
SCHEDULE "D"-PROJECT SCHEDULE
The total Project timeframe is approximately 24 months.
Task Description Calendar Days after NTP
1.1 Project Kick-off Meeting 2 weeks
1.2 Site Reconnaissance and Preliminary Base Map 4 weeks
1.3 Program Planning and Cost Analysis 6 weeks
1.4 Conceptual Design Development 8 weeks
1.5 Basis of Design Report 2 weeks
2.1 Engineering and Landscape Design 10 weeks
2.2 Construction Drawings and Specifications 16 weeks
3 Construction Phase Services 40 weeks
4 Coastal Engineering Analysis (sim. wll.4) 8 weeks
5 Permit Processing (simultaneously w/l.3 to 2.2) 40 weeks
6 Site Surveys and Final Base Map 8 weeks
7 Direct Expenses N/A
C:\WINDOWS\Temporary Internet Files\OLKAIEJ\(OI-05-04) Schedule D - Project Schedule.doc
SCHEDULE "E" - REIMBURSABLE EXPENSES
DESCRIPTION
COST
ESTIMATED COSTS
ReproductionlTransmission Charges
Plotting - Cost per Plot
Blueprints (24" x 36")
Blueprints (32" x 48")
Presentation Boards
Photograph Enlargements
$15.00
Cost x 1.1
Cost x 1.1
Cost x 1.1
Cost x 1.1
$7,000
$6,500
$1,500
$8.000
$2,000
Direct Reimbursable Expenses
Xerox Copies - Cost per Sheet
Facsimile - Cost per Sheet
Federal Express/Courier
Telephone
Mileage - Cost per Mile
Parking/Toll
Photos/Film
$0.20
$0.50
Cost x 1.1
Cost x 1.1
$0.34
Cost x 1.1
Cost x 1.1
$700
$1,000
$600
$2,300
$200
$200
$400
Transportation
Airfare
Taxi/Car Rental
Cost x 1.1
Cost x 1.1
$6,000
$600