PSA Schwebke-Shiskin & Associates, Inc~afl%-a 7i ~~
c 71= - 9~9~~ 9
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
SCHWEBKE-SHISKIN 8 ASSOCIATES, INC.
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
FOR THE
VENETIAN ISLANDS BID PACKAGE 13C
RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT
Resolution No. ~A~S-~-Z~B
-~
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
ARTICLE 2. BASIC SERVICES
ARTICLE 3. THE CITY'S RESPONSIBILITIES
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
ARTICLE 5. ADDITIONAL SERVICES
ARTICLE 6. REIMBURSABLE EXPENSES
ARTICLE 7. COMPENSATION FOR SERVICES
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
ARTICLE 10. TERMINATION OF AGREEMENT
ARTICLE 11. INSURANCE
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
ARTICLE 13. ERRORS AND OMISSIONS
ARTICLE 14. LIMITATION OF LIABILITY
ARTICLE 15. NOTICE
ARTICLE 16. MISCELLANEOUS PROVISIONS
SCHEDULES:
SCHEDULE A SCOPE OF SERVICES
SCHEDULE B CONSULTANT COMPENSATION
SCHEDULE C HOURLY BILLING RATE
SCHEDULED CONSTRUCTION COST BUDGET
SCHEDULE E PROJECT SCHEDULE
SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
SCHEDULE G INSURANCE AND SWORN AFFIDAVITS
SCHEDULE H 'BEST VALUE AMENDMENT
ii
PAGE
2
6
13
16
17
17
18
19
20
21
22
23
24
25
25
26
32
52
53
54
55
56
57
58
,.
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
SCHWEBKE-SHISKIN 8~ ASSOCIATES, INC.
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
VENETIAN ISLANDS BID PACKAGE 13C
RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT
(PURSUANT TO REQUEST FOR QUALIFICATIONS No. 42 - 08/09)
f~~
This Agreement made and entered into this~~! day of ~~~? 2009, by and between the CITY OF
MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal
offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and
SCHWEBKE-SHISKIN & ASSOCIATES, INC., a Florida corporation having its principal office at 3240
Corporate Way, Miramar, Florida, 33025 (hereinafter referred to as Consultant).
WITNESSETH:
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more
particularly described in the attached Schedule "A", and wishes to engage the Consultant to provide specific
professional services including, without limitation, A/E services, for the Project, at the agreed fees set forth in
this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of the aforestated
professional services relative to the Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement
herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): 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 representatives designated in writing
(including the Project Coordinator) with respect to any specific matter(s) concerning the Services
and/or this Agreement (exclusive of those authorizations reserved to the City Commission or
regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the
Services, and/or this Agreement).
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications No. 42-
08/09, entitled "Re-design, Bid and Award, and Construction Management Services for the Re-design
Component for Venetian Islands Bid Package 13C Neighborhood Right-of--Way Improvement Project,
to Include Additional Stormwater Infrastructure, Additional Potable Water System Infrastructure, and
Additional Streetscape/Hardscape Improvements," 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 to this Agreement and made a part hereof;
provided, however, that in the event of an express conflict between the Proposal Documents and this
Agreement, the Agreement shall prevail.
1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the
architect/engineer who has entered into a contract with the City to provide the Services described
under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed
to include any officers, employees, sub-consultants, agents, and any other person or entity acting
under the supervision, direction, or control of Consultant. Any sub-consultants retained by Consultant
for the Project shall be subject to the prior written approval of the City Manager.
The following subconsultants are hereby approved by the City Manager for the Project:
Electrical Engineer: Hillers Electrical;
Landscape Architect: Savino Miller Design Studio.
2
1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual designated in
writing 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 during the design and construction of the
Project (unless expressly provided otherwise in this Agreement or the Contract Documents).
1.7 [Intentionally Omitted]
1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform
in accordance with the terms of the Agreement (as required to complete the Project) and as further
described in Article 2 and Schedule "A" hereto. In addition any Services not specifically addressed as
Additional Services (as defined herein) are considered Basic Services.
1.9 PROJECT: The "Project" shall mean that certain City capital project that has been approved by
the City Commission and is described in Schedule "A" hereto.
1.9.1 Project Cost: The "Project Cost", shall mean the estimated total cost of the Project, as
prepared and established by the City, including the estimated Construction Cost and Soft Costs.
The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion,
to accommodate approved modifications or changes to the Project or scope of work.
1.9.2 Project Scoge: The "Project Scope" shall mean the description of the Project in Schedule
"A" hereto.
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the actual total
cost to the City of the Work (as established in the Contract Documents, as they may be amended from
time to time), 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 the construction cost for
rehabilitation of historic buildings.
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 responsive and responsible bidder or proposer for such
Work.
1.10.1 Construction Cost Budget: The "Construction Cost Budget" shall mean the amount
budgeted by the City for the Construction Cost, as set forth in Schedule "D" hereto.
3
1.10.2 Statement Of Probable Construction Cost: The "Statement of Probable Construction
Cost" shall mean the latest approved written estimate of Construction Cost submitted by
Consultant to the City, in a format approved by the Project Coordinator.
For Work which bids or proposals have not been let, the Statement of Probable Construction Cost
shall be the same as the Construction Cost.
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible
force occasioned by violence in nature without the interference of human agency such as hurricanes,
tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in
Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement
and having a substantial impact on the Project; or other causes beyond the parties' control; or any
other such causes which the Consultant and the City Manager mutually agree, in writing, justify the
delay; provided, however, that market conditions, labor conditions, construction industry price trends,
and similar matters which normally impact on the construction process shall not be considered a Force
Majeure.
1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation,
joint venture, or other entity contracting with City for performance of the Work covered in the Contract
Documents.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all
exhibits, addenda, and written amendments issued thereto), and the documents prepared by Consultant
in accordance with the requirements of the Scope of Services in Schedule "A" hereto (that form the
basis for which the City can receive bids for the Work included in the documents). The Contract
Documents shall also include, without limitation (together with all exhibits, addenda, and written
amendments issued thereto), the invitation to bid (ITB), instructions to bidders, bid form, bid bond, the
Contract for Construction, surety payment and performance bonds, Conditions of the Contract for
Construction [General, Supplementary, and other Conditions], Division 0-17, Construction Documents,
an approved Change Order(s), approved Construction Change Directive(s), and/or approved written
order(s) for a minor change in the Work.
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding
agreement between City and Contractor for performance of the Work covered in the Contract
Documents.
4
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans,
technical specifications, drawings, documents, and diagrams prepared by the Consultant pursuant to
this Agreement, which show the locations, characters, dimensions and details of the Work to be done,
and which are part of the Contract Documents.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the
Agreement approved by the City (as specified below) and executed between City and Consultant,
covering changes, additions, or reductions in the terms of this Agreement including, without limitation,
authorizing a change in the Project, or the method and manner of performance thereof, or an
adjustment in the fee and/or completion dates.
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
(or other 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 reserves the right to seek and obtain concurrence of the City Commission for approval of any
such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the
Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and which
have been duly authorized, in writing, by the City Manager or his authorized designee, prior to
commencement of same.
1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods,
procedures, etc. necessary or convenient to performance by Contractor of all duties and obligations
proposed by the Contract Documents.
1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant
performed pursuant to or undertaken under this Agreement.
1.20 SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction
Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing,
general consultant, financing, and permitting fees, etc.
1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents
5
recommended by the Consultant (and approved by the City) as being within the Construction Cost
Budget. "Base Bid" shall not include Additive Altemates or Deductive Alternates.
1.22 SCOPE OF SERVICES: "Scope of Services" shall include ,the Project Scope, Basic
Services, and any Additional Services (as approved by the City), all as described in Schedule "A"
hereto.
1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement
and referred to as follows:
Schedule A -Scope of Services.
Schedule B -Consultant Compensation.
Schedule C -Consultant Hourly Billing Rate Schedule.
Schedule D -Construction Cost Budget.
Schedule E - Project Schedule.
Schedule F - General Conditions of the Contract for Construction
Schedule G -Insurance Requirements and Swom Affidavits
Schedule H -Best Value Amendment
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract
Documents and as set forth in Schedule "A" hereto.
2.2 The Services will be commenced upon issuance of the first Notice to Proceed which shall be
issued by the Project Coordinator and counter-signed by Consultant. Subsequent Notices to Proceed
shall also be issued by the Project Coordinator.
A separate Notice to Proceed shall be reauired prior to commencement of each Task (as same
are set forth in Schedule "A" hereto).
2.3 As it relates to the Services and the Project, Consultant warrants and represents to City that it
is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the
jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes,
and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami-Dade
County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws"). As they relate
6
to the Services and to the Project, the Consultant agrees to comply with all such Applicable Laws,
whether now in effect or as may be amended or adopted from time to time, and shall further take into
account all known pending changes to the foregoing of which it should reasonably be aware.
Recognizing that the construction of other projects within the City may affect scheduling of the
construction for the Project, the Consultant shall diligently coordinate performance of the Services with
the City (through the Project Coordinator) in order to provide for the safe, expeditious, economical and
efficient completion of the Project, without negatively impacting concurrent work by others. The
Consultant shall coordinate the Services with all of its sub-consultants, as well as other consultants,
including, without limitation, City provided consultants (if any).
2.4 The Consultant warrants and represents to City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised in the
design of comparable projects in South Florida. Consultant warrants and represents to the City that it
is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the
Services. Consultant warrants and represents to City that it is responsible for the technical accuracy
of the Services (including, without limitation, the Design Documents contemplated in Schedule "A"
hereto).
2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning, design,
bidding/award, construction administration, and Additional Services [as may be approved]), all as
described further in Schedule "A" hereto; and shall also include any and alt of Consultant's
responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the
Contract for Construction (attached as Schedule "F" hereto).
Planning Services: [NOTE: NOT REQUIRED FOR THIS AGREEMENT]
Consultant shall provide planning services for the Project, as required by the Contract
Documents and as set forth in Task 1 of Schedule "A" hereto (entitled "Planning Services").
2.5.2 Design Services:
Consultant shall prepare Design Documents for the Project, as required by the Contract
Documents and as set forth in Task 2 of Schedule "A" hereto (entitled "Design Services")
2.5.3 Bidding And Award Services:
Consultant shall provide bidding and award services for the Project, as required by the Contract
Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding and Award
7
Services").
2.5.4 Construction Administration Services:
Consultant shall provide construction administration services for the Project, as required by the
Contract Documents and as set forth in Task 4 of Schedule "A" hereto (entitled "Construction
Administration Services").
2.5.5 Additional Services:
If required (and so approved) by the City, Consultant shall provide Additional Services, as
noted in Task 5 of Schedule "A" hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals issued
by the City shall not constitute nor be deemed a release of the responsibility and liability of the
Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for the
accuracy and competency of its/their designs, working drawings, plans, technical specifications, or
other technical documents, nor shall such approval and/or decisions be deemed to be an assumption
of such responsibility by the City for a defect, error or omission in designs, working drawings, plans,
technical specifications, or other technical documents; provided, however, that the Consultant shall be
entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished
by the City pursuant to this Agreement.
2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this
respect, the parties agree as follows:
2.7.1 Term: Upon execution by the parties (and subject to approval of the Agreement by the
Mayor and City Commission) the term of this agreement will be deemed to have commenced as of
September 9, 2009, and shall be in effect until all Services are completed or until the work and/or
services under the Notices to Proceed in force at the end of the stated period of time have been
completed and the Services accepted, whichever may be later.
2.7.2 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.
2.7.3 The Services shall be performed in a manner that shall conform with the approved
Project Schedule, attached to as Schedule "E" hereto. The Consultant may submit requests for
8
an adjustment to the Project Schedule, if made necessary because of undue delays resulting from
untimely review taken by the City (or other governmental authorities having jurisdiction over the
Project) to approve the Consultant's submissions, or any other portion of the Services requiring
approval by the City (or other governmental authorities having jurisdiction over the Project).
Consultant shall immediately provide the Project Coordinator with written notice stating the reason
for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a
revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and
such other documentation as the Project Coordinator may require), the Project Coordinator may
grant a reasonable extension of time for completion of the particular work involved, and authorize
that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's
approval (if granted) shall be in writing.
2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights to terminate
the Agreement, as provided elsewhere herein.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working
relationship with the Project Coordinator, Contractor, and any and all other individuals and/or firms that
have been contracted, or otherwise retained, to perform work on the Project.
2.9 The Consultant shall perform its duties under this Agreement in a competent, timely and
professional manner, and shall be responsible to the City for any failure in its performance, except to
the extent that acts or omissions by the City make such performance impossible.
The Consultant is responsible for the professional quality, technical accuracy, completeness,
performance and coordination of all work required under the Agreement (including the work performed
by sub-consultants), within the specified time period and specified cost. The Consultant shall perform
the work utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient
consulting with respect to the disciplines required for the performance of the work in the State of
Florida. The Consultant is responsible for, and shall represent to City that the work conforms to City's
requirements, as set forth in the Agreement. The Consultant shall be and remain liable to the City for
all damages to the City caused by the Consultant's negligent acts or errors or omissions in the
performance of the work. In addition to all other rights and remedies, which the City may have, the
Consultant shall, at its expense, re-perform all or any portion of the Services to correct any
deficiencies which result from the Consultant's failure to perform in accordance with the above
standards. The Consultant shall also be liable for the replacement or repair of any defective materials
and equipment and re-performance of any non-conforming construction services resulting from such
9
deficient Consultant services for a period from the Effective Date of this Agreement, until twelve (12)
months following final acceptance of the Work, and for the period of design liability required by
applicable law. The Project Coordinator shall notify the Consultant, in writing, of any deficiencies and
shall approve the method and timing of the corrections. Neither the City's inspection, review, approval
or acceptance of, nor payment for, any of the work required under the Agreement shall be construed to
relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the
Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of
action arising out of the performance of the Agreement. The Consultant and its sub-consultants shall
be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by
any failure of the Consultant or its sub-consultants to comply with the terms and conditions of the
Agreement or by the Consultant or any sub-consultants' misconduct, unlawful acts, negligent acts,
errors or omissions in the performance of the Agreement. With respect to the performance of work by
sub-consultants, the Consultant shall, in approving-and accepting such work, ensure the professional
quality, completeness, and coordination of the sub-consultant's work.
2.9.1 The Consultant shall be responsible for deficient, defective services and any resulting
deficient, defective construction services re-performed within twelve (12) months following final
acceptance and shall be subject to further re-performance, repair and replacement for twelve
(12) months from the date of initial re-performance,. not to exceed twenty-four months (24) from
final acceptance.
2.9.2 Consultant Performance Evaluation: The Consultant is advised that a performance
evaluation of the work rendered throughout this Agreement will be completed by the City and
kept in the City's files for evaluation of future solicitations.
2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for
review to other consultants (engaged by the City at its expense) any or all parts of the Services and
the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review,
or consider any work performed by Consultant (including, without limitation, contractors, other design
professionals, and/or other consultants retained by the City), the intent of such requirement is to
enable the Consultant to receive input from others' professional expertise to identify any
discrepancies, errors or omissions that are inconsistent with industry standards for design or
construction of comparable projects; or which are inconsistent with Applicable Laws; or which are
inconsistent with standards, decisions or approvals provided by the City under this Agreement.
Consultant will use reasonable care and skill, in accordance and consistent with customary
professional standards, in responding to items identified by other reviewers in accordance with this
io
subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation
(and where applicable), via a set of marked-up drawings and specifications. Consultant shall address
comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as
possible under the circumstances, taking into account the timelines of the Project Schedule.
2.11 [Intentionally Omitted]
2.12 Consultant agrees that when any portion of the Services relates to a professional service
which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal
entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly
licensed certified personnel to provide same.
2.13 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of the
first Notice to Proceed, a qualified licensed professional to serve as its project manager (hereinafter
referred to as the "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 the
Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior
written approval of the City Manager or his designee (who in this case shall be the Project
Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be
made without the prior written approval of the City Manager or his designee (i.e. the Project
Coordinator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from
the City Manager or his designee (which notice shall state the cause therefore), to promptly
remove and replace a Project Manager, or any other personnel employed or otherwise retained
by Consultant for the Project (including, without limitation, any sub-consultants).
2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non-
public information concerning the Services or the Project, without the prior written consent of the City
Manager or his designee (who shall be the Project Coordinator), unless such disclosure is incident to
the proper performance of the Services; or the disclosure is required pursuant to Florida Public
Records laws; or, in the course of judicial proceedings, where such information has been properly
subpoenaed. Consultant shall also require its employees and sub-consultants to comply with this
subsection.
2.15 The City and Consultant acknowledge that the Services do not delineate every detail and minor
11
work task required to be performed by Consultant to complete the Project. If, during the course of
performing of the Services, Consultant determines that work should be performed to complete the
Project which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated
in the Scope of Services, Consultant shall promptly notify the Project Coordinator, in writing, and shall
obtain the Project Coordinator's written consent before proceeding with such work. If Consultant
proceeds with any such additional work without obtaining the prior written consent of the Project
Coordinator, said work shall be deemed to be within the original Scope of Services, and deemed
included as a Basic Service (whether or not specifrcally addressed in the Scope of Services). Mere
notice by Consultant to the Project Coordinator shall not constitute authorization or approval by the
City to perform such work. Performance of any such work by Consultant without the prior written
consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and all Project documents and
records pertinent to the Services and shall provide the City, upon request, with copies of any and all
such documents and/or records. In addition, Consultant shall provide electronic document files to the
City upon completion of the Project.
2.17 The City's participation in the design and construction of the Project shall in no way be
deemed to relieve the Consultant of its professional duties and responsibilities under the Contract
Documents or under Applicable Law.
2.18 GREEN BUILDING STANDARDS: [NOTE: NOT REQUIRED FOR THIS AGREEMENT]
The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter
100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in
Energy and Environmental Design (LEED) compliance requirements.
2.19 SUB-CONSULTANTS: All services provided by sub-consultants shall be consistent
with those commitments made by the Consultant in the Proposal and during the competitive
solicitation selection process and interview. Such services shall be pursuant to appropriate written
agreements between the Consultant and the sub-consultants, which shall contain provisions that
preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement
shall create any contractual relationship between the City and the sub-consultants.
The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of
the City Manager, in response to a written request from the Consultant stating the reasons for any
proposed substitution. Any approval of asub-consultant by the City Manager shall not in any way shift
the responsibility for the quality and acceptability by the City of the services performed by the sub-
12
consultant from the Consultant to the City. The quality of services and acceptability to the City of the
services performed by sub-consultants shall be the sole responsibility of Consultant. The Consultant
shall cause the names of sub-consultants responsible for significant portions of the Services to be
inserted on the plans and specifications.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's
authorized representative to coordinate, direct, and review all matters related to this Agreement and
the Project during the design and construction of same (except unless otherwise expressly provided in
this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without
limitation) to transmit instructions, receive information, and interpret and define City policies and
decisions with respect to the Services and the Project. However, the Project Coordinator is not
authorized to issue any verbal or written orders or instructions to Consultant that would have the affect
(or be interpreted as having the effect) of modifying or changing, (in any way) the following:
a) the Scope of Services;
b) the time within which Consultant is obligated to commence and complete the Services; or
c) the amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall make available to Consultant all information that the City has in its possession
pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such
information available to Consultant, the City makes no express or implied certification, warranty,
and/or representation as to the accuracy or completeness of such information. The Consultant
understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems
necessary all information furnished by the City, and that it is solely responsible for the accuracy and
applicability of all such information used by Consultant. Such verification shall include, without
limitation, visual examination of existing conditions in all locations encompassed by the Project, where
such examination can be made without using destructive measures (i.e. excavation or demolition).
Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the
reliability of the information.
3.3 [Intentionally Omitted]
3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance
counseling services for the Project (including, without limitation, auditing services to verify the
13
Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment
due to its sub-consultants or vendors).
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, through the Project Coordinator, shall give prompt
written notice thereof to the Consultant.
3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render
any administrative approvals and decisions required under this Agreement, in writing, as reasonably
expeditious for the orderly progress of the Services and of the Work. No City administrative
(proprietary) approvals and/or decisions required under this Agreement shall be unreasonably
conditioned, withheld, or delayed; provided, however, that the City shall at all times have the right to
approve or reject any such requests 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 Except where otherwise expressly noted in the Agreement or the Contract
Documents, the City Commission shall be the body to consider, comment upon, or approve
any amendments or modifications to 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. Assignment and transfer shall be
defined to also include sale of the majority of the stock of a corporate consultant.
3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from
administrative decisions of the City Manager or the Project Coordinator. In such cases, the
Commission's decision shall be final and binding upon all parties.
3.7.4 The City Commission shalt approve or consider all Contract Amendments that exceed
the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be
specified by the City of Miami Beach Procurement Ordinance, as amended).
3.8 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the
City's primary representative to whom administrative (proprietary) requests for decisions and
approvals required hereunder by the City shall be made. Except where otherwise expressly noted in
14
this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations
which may include, without limitation, proprietary review, approval, or comment upon the schedules,
plans, reports, estimates, contracts, and other documents submitted to the City by Consultant.
3.8.1 The City Manager shall have prior review and approval of the Project Manager (and
any replacements) and of any sub-consultants (and any replacements).
3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on
matters arising pursuant to this Agreement which are not otherwise expressly provided for in
this Agreement. In his/her discretion, the City Manager may also consult with the City
Commission on such matters.
3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required,
to reallocate monies already budgeted toward payment of the Consultant; provided,
however, that the Consultant's compensation (or other budgets established by this
Agreement) may not be increased without the prior approval of the City Commission, which
approval (if granted at all) shall be in its sole and reasonable discretion.
3.8.4 [Intentionally Omitted]
3.8.5 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); provided that no such
amendments increase any of the budgets established by this Agreement.
3.8.6 The City Manager may, in his/her sole discretion, form a committee or committees, or
inquire of, or consult with, persons for the purpose of receiving advice and
recommendations relating to the exercise of the City's powers, duties, and responsibilities
under this Agreement or the Contract Documents.
3.8.7 The City Manager shall be the City Commission's authorized representative with
regard to acting on behalf of the City in the event of issuing any default notice(s) under this
Agreement, and, should such default remain uncured, in terminating the Agreement
(pursuant to and in accordance with Article 10 hereof).
15
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in Schedule
"D", attached hereto.
4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared by
Consultant.
4.3 Consultant shall warrant and represent to the City that its review and evaluation of the
Construction Cost Budget, Statement of Probable Construction Cost, and any other cost estimates
prepared (or otherwise provided) by Consultant for the Project, represent Consultant's best judgment
as an experienced design professional familiar with the construction industry; provided, however, that
Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any
estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by
Consultant.
4.4 The Construction Cost Budget (as established in Schedule "D" hereto) shall not be exceeded
without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which
are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City
Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City
Commission. The City Commission shall have no obligation to approve an increase in the
Construction Cost Budget and, if such budget is exceeded, the City Commission may, at its sole and
reasonable discretion, terminate this Agreement (and the remaining Services) without any further
liability to the City.
4.5 If the lowest and best base bid exceeds the Construction Cost Budget by more than five percent
(5%), the City Commission may, at its sole option and discretion, elect any of the following options: (1)
approve an increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize
rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any
further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the
lowest and best bid within the Construction Cost Budget; or (5) work with the Consultant to reduce the
Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary,
to reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the
Consultant shall provide any required revisions to the Contract Documents (including, without
limitation, the Construction Documents), and provide re-bidding services, as many times as reasonably
requested by the City, at no additional cost to the City, in order to bring any resulting, responsive and
responsible bids within five percent (5%) of the Construction Cost Budget.
16
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consultant following receipt of written
authorization by the Project Coordinator (which authorization must be obtained prior to
commencement of any such additional work by Consultant). The written authorization shall contain a
description of the Additional Services required; an hourly fee (in accordance with the rates in Schedule
"C" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed"
amount; the amended Construction Cost Budget (if applicable); the time required to complete the
Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the
maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum
cumulative expenses allowable), which the Consultant shall not exceed without further written
authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum
cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all
costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense
reviews).
5.2 Additional Services may include, but not be limited to, the following:
5.2.1 Providing additional work relative to the Project which arises from subsequent
circumstances and causes which do not currently exist, or which are not contemplated by
the parties at the time of execution of this Agreement (excluding circumstances and causes
resulting from error, omission, inadvertence, or negligence of Consultant).
5.2.2 Serving as an expert witness in connection with any public hearing, arbitration
proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error
omission, inadvertence, or negligence of Consultant.
5.2.3 [Intentionally Omitted]
5.2.4 [Intentionally Omitted]
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual
expenditures made by the Consultant in the interest of the Project. The Reimbursable Expenses
allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City. Any
money not directed to be used by City for Reimbursable Expenses shall remain with the City (i.e.
unused portions will not be paid to Consultant).
17
Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized, in
advance, in writing, by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall
be submitted to the Project Coordinator (along with any supporting receipts and other back-up material
requested by the Project Coordinator). Consultant shall certify as to each such invoice and/or voucher
that the amounts and items claimed as reimbursable are "true and correct and in accordance with the
Agreement."
6.2 Reimbursable Expenses may include, but not be limited to, the following:
6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans,
specifications, and other Project documents (excluding reproductions for the office use of
the Consultant and its sub-consultants, and courier, postage and handling costs between
the Consultant and its sub-consultants).
6.2.2 Costs for reproduction and preparation of graphics for community workshops.
6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction
over the Project (i.e. City permit fees).
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Not tb Exceed" fee for provision of the Services shall be $530,160, with a
Reimbursable Expenses allowance of $55,500.
7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval
of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the
Services satisfactorily performed, so that the payments for Services never exceed the progress
percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-
up shall be allowed on subcontracted work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth
in Schedule "C," attached hereto. Any request for payment of Additional Services shall be included
with a Consultant payment request under Article 7.1 hereto. No mark-up shall be allowed on
subcontracted Additional Services.
7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to the
"Not to Exceed" Reimbursable allowance amount in Schedule "B" hereto. Any request for payment of
is
Reimbursable Expenses shall also be included with Consultant's payment request under Article 7.1.
No mark-up shall be allowed on Reimbursable Expenses.
7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive approved
and executed by the City Manager, adjust the fees included in the Hourly Billing Rate Schedule in
Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a year to year basis.
Such adjustment will be based on the cumulative change of the CPI for the Miami urban area,
provided that the annual increase shall not exceed three percent (3%).
7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by
the City on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT: Consultant shall invoice the Project Coordinator in a
timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and
extent of the work performed; the total hours of work performed by employee category; and the
respective hourly billing rate associated therewith. In the event sub-consultant work is used, the
percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional
Services and/or Reimbursable Expenses. A copy of the written approval of the Project Coordinator
for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice.
7.7.1 If requested, Consultant shall provide back-up for past and current invoices that
records hours for all work (by employee category), and cost itemizations for Reimbursable
Expenses (by category).
7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and
approval of an acceptable invoice by the Project Coordinator.
7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior
written approval of the City Manager before disbursement of same.
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.1 Consultant shall keep any and all such records and accounts, at Consultant's office (at the
address for Consultant designated in Article 15, "Notices," hereof), as may be required in order to
record complete and correct entries as to personnel hours charged to the Services, and any expenses
for which Consultant expects to be reimbursed. In addition to the preceding, all books, records,
19
correspondence, technical documents, and any other records or documents related to the Services
and/or Project will be available for examination and audit by the City Manager, or his/her authorized
representatives, at Consultant's office, during customary business hours. All such records shall be
kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete
or incorrect entries in such records and accounts relating personnel services and expenses may be
grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall
also bind its sub-consultants to the requirements of this Article and ensure compliance therewith
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
9.1 All notes, correspondence, documents, designs, drawings, renderings, calculations,
specifications, models, photographs, reports, surveys, investigations, and any other documents
(whether completed or partially completed) and copyrights thereto for Services performed or produced
in the performance of this Agreement, or related to the Project, whether in paper or other hard copy
medium or in electronic medium, except with respect to copyrighted standard details and designs
owned by the Consultant or owned by a third party and licensed to the Consultant for use and
reproduction, shall become the property of the City. Consultant shall deliver all such documents to the
Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of
expiration or earlier termination of this Agreement as the case may be). However, the City may grant
an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted
materials or portions thereof as authorized by the City Manager in advance and in writing, In addition,
the Consultant shall not disclose, release, or make available any document to any third party without
prior written approval from the City Manager. The Consultant shall warrant to the City that it has been
granted a license to use and reproduce any standard details and designs owned by a third party and
used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein
shall be deemed to exclude any document from Chapter 119, Florida Statutes.
9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior
written approval of the City Manager.
9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt
copyrighted material for additional or other work for the City; however, payment to the Consultant for
such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt
the original copyrighted material to a new site.
20
9.4 The City shall have the right to modify the Project or any components thereof without permission
from the Consultant or without any additional compensation to the Consultant. The Consultant shall
be released from any liability resulting from such modification.
9.5 The Consultant shall bind all sub-consultants to the Agreement requirements for re-use of plans
and specifications.
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 Agreement. In the event there is a
lack of adequate funding either for the Services or the Project (or both), the City may terminate this
Agreement without further liability to the City.
10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this
Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates
any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the
performance of the Services or any portion thereof; or (3) does not perform the Services or any portion
thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the
Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial
written notice of default from the City).
10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole
option and discretion, may take over the remaining Services and complete them by
contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City
for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is
defined as the difference between the actual cost of completion of the Services, and the cost
of completion of such Services had the Agreement not been terminated.
10.2.2 In the event of termination for cause by the City, the City shall only be obligated to
pay Consultant for those Services satisfactorily performed and accepted prior to the date of
termination (as such date is set forth in, or can be calculated from, the City's initial written
default notice). Upon payment of any amount which may be due to Consultant pursuant to
this subsection 10.2.2, the City shall have no further liability to Consultant.
21
10.2.3 As a condition precedent to release of any payment which may be due to Consultant
under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project
Coordinator any arid all Project documents prepared (or caused to be prepared) by
Consultant, and referenced in subsection 9.1 hereof. The City shall not be responsible for
any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents
pursuant to this subsection.
10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the
City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior
written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole
discretion) it deems such termination to be in the best interest of the City. In the event the City
terminates the Agreement for convenience, Consultant shall be compensated for all Services
satisfactorily performed and accepted up to the termination date (as set forth in the City's written
notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project
documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due
to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant.
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for
cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates
any provisions of this Agreement or unreasonably delays payment of the Services or any portion
thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any
Services satisfactorily performed and accepted up to the date of termination; provided, however, that
the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's
initial written notice).
10.4.1 The Consultant shall have no right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or
for convenience), the Consultant shall immediately, upon receipt of the City's written notice of
termination: (1) stop the performance of Services; (2) place no further orders or issue any other
subcontracts, except for those which may have already been approved, in writing, by the Project
Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project
documents (for delivery to the Project Coordinator).
ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following
22
required insurance coverage in full force and effect. The Consultant shall not commence any work until
satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator:
(a) Professional Liability Insurance, in the amount of one million dollars ($1,000,000.00), per
occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate.
Consultant shall notify the Project Coordinator, in writing, within thirty (30) days of any claims
filed or made against its Professional Liability Insurance policy.
(b) Comprehensive General Liability Insurance, in the amount of one million dollars
($1,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for each
occurrence, which shall include products, completed operations, and contractual liability
coverage. The City of Miami Beach, Florida must be named as an additional insured on this
policy.
(c) Worker's compensation and employer's liability coverage within the statutory limits required
under Florida law.
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice
of cancellation or of substantial modifications in any required insurance coverage. All certificates and
endorsements shall contain this requirement.
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 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 the Project Coordinator with a certificate of insurance of all required
insurance policies. The City reserves the right to require a certified copy of such policies, upon written
request to Consultant.
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold
harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages,
losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons
employed or utilized by the Consultant in the performance of this Agreement.
23
The Consultant shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may
issue thereon. Consultant expressly understands and agrees that any insurance protection required
by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to
indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and
instrumentalities as herein provided.
12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible
for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors
or omissions of the Consultant in which the City participated either through review or concurrence of
the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or
other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the
Consultant (including, without limitation its sub-consultants and/or any registered professionals
(architects and/or engineers) under this Agreement.
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes
categorized by the City as caused by an error, an omission, or any combination thereof in the Contract
Documents that were prepared by the Consultant will constitute an additional cost to the City that
would not have been incurred without the error. The damages to the City for errors, omissions or any
combinations thereof shall be calculated as the total cost of any damages or incremental costs to the
City resulting out of the errors or omissions by the Consultant.
Damages shall include delay damages caused by the error, omission, or any combination thereof.
Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or
any combination thereof, the Consultant may appeal this determination, in writing, to the City's Capital
Improvement Projects Director (the Director). The Director's decision on all claims, questions and
disputes shall be final, conclusive and binding upon the parties hereto unless such determination is
clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of
the Director, the Consultant shall present any such objections, in writing, to the City Manager. The
Director and the Consultant shall abide by the decision of the City Manager. This paragraph does not
constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above
administrative remedies have been exhausted.
24
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its 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 "not to exceed" amount of the fee paid to
Consultant under this Agreement, less any amount(s) actually paid to Consultant hereunder.
Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery
from the City for any damages for action for breach of contract to be limited to Consultant's "not to
exceed" fee under this Agreement, less any amount(s) actually paid by the City to the Consultant
hereunder.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby
agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by
the City of this Agreement, in an amount in excess of the "not to exceed amount" of Consultant's fees
under this Agreement, which amount shall be reduced by any amount(s) actually paid by the City to
Consultant hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a
waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes.
ARTICLE 15. NOTICE
All written notices given to City by Consultant shall be addressed to:
City Manager's Office
c% Assistant City Manager Jorge Gomez
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Capital Improvement Projects Office
c/o Charles Carreno, P.E.
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
25
All written notices given to the Consultant from the City shall be addressed to:
Alfonso Tello, P.E., P.S.M.
Schwebke-Shiskin & Associates, Inc.
3240 Corporate Way
Miramar, FI 33025
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail,
return receipt requested.
ARTICLE 16. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,
Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY
ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT 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 race, color, religion, sex, age, national origin, disability, or sexual
orientation.
16.3 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 bid on 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
26
from the date of being placed on the convicted vendor list. For violation of this subsection by
Consultant, City shall have the right to terminate the Agreement without any liability to City, and
pursue debarment of Consultant
16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual
or firm, 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 subsection, City shall have the right to terminate the
Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise
recover) the full amount of such fee, commission, percentage, gift, or consideration.
16.5 LAWS AND REGULATIONS:
16.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal,
State, Miami-Dade County, and City laws, ordinances, and codes which may have a bearing on
the Services involved in the Project.
16.5.2 In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection,
Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic
drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the
provisions of subsection (1) and s. 24(a), Article 1 of the State Constitution. Information made
exempt by this paragraph, with prior written approval from the City Manager, may be disclosed
to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or
contractor who is performing work on or related to the Project; or upon a showing of good
cause before a court of competent jurisdiction. The entities or persons receiving such
information shall maintain the exempt status of the information.
16.5.2.1 In addition to the above requirements in this subsection 16.5.2, the
Consultant agrees to abide by all applicable Federal, State, and City procedures, as
may be amended from time to time, by which the documents are handled, copied, and
distributed which may include, but is not limited to, each employee of Consultant and
sub-consultants that will be involved in the Project being required to sign an agreement
stating that they will not copy, duplicate, or distribute the documents unless authorized
by the City Manager, in writing.
27
16.5.2.2 The Consultant and its sub-consultants agree in writing that the Project
documents are to be kept and maintained in a secure location.
16.5.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
16.5.2.4 A log is developed to track each set of documents logging in the date,
time, and name of the individual(s) that work on or view the documents.
16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without
added compensation, all necessary supplemental documents to correct errors, omissions, and/or
ambiguities which may exist in the Contract Documents prepared by Consultant, including documents
prepared by its sub-consultants. Compliance with this subsection shall not be construed to relieve the
Consultant from any liability resulting from any such errors, omissions, and/or ambiguities in the
Contract Documents and other documents or Services related thereto.
16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this
Agreement shall conform to the quality expected of and usually provided by the profession in the State
of f=lorida applicable to the design and construction of public and commercial facilities.
16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement, the
City is not precluded from retaining or utilizing any other architect, engineer, design professional or
other consultant to perform any incidental Basic Services, Additional Services, or other professional
services within the contract limits defined in the Agreement. The Consultant shall have no claim
against the City as a result of the City electing to retain or utilize such other architect, engineer, design
professional, or other consultant to perform any such incidental Services.
16.9 ASSIGNMENT: The Consultant shall not assign; transfer or convey this Agreement to any
other person, firm, association or corporation, in whole or in part, without the prior written consent of
the City Commission, which consent, if given at all, shall be at the Commission's sole option and
discretion. However, the Consultant will be permitted to cause portions of the Services to be
performed by sub-consultants, subject to the prior written approval of the City Manager, as provided
herein.
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself,
28
his/her partners, successors, legal representatives and assigns to the other party of the Agreement
and to the partners, successors, legal representatives, and assigns of such party in respect to all
covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the
opportunity to approve or reject all proposed assignees, successors or other changes in the ownership
structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement
by the Consultant.
16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of
the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries,
wages, materials, equipment, sub-consultants, and other purchased services, etc., as necessary to
complete said Services.
16.12 INTENT OF AGREEMENT:
16.12.1 The intent of the Agreement is for the Consultant to provide design services, and to
include all necessary items for the proper completion of such services for a fully functional
Project which, when constructed in accordance with the design, will be able to be used by the
City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental
work which may not be specifically referenced, as necessary to complete the Project.
16.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to a
third party beneficiary, to any person, nor does it authorize anyone not a party to the
Agreement to maintain a suit for personal injuries, professional liability, or property damage
pursuant to the terms or provisions of the Agreement.
16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or
agents, shall either stop the City from asserting any rights or operate as a waiver of any
provisions hereof or of any power or right herein reserved to the City or of any rights to
damages herein provided.
16.13 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein;
and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document.
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
29
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless memorialized in written document approval and executed with the
same formality and of equal dignity herewith.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
30
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.
APPROVED AS TO
FORM & LANGUAGE
Attest
W~
CITY CLERK
CITY OF MIAMI BEACH
MAYOR
Attest
Signature/Secretary
Mark ~s Tohnson
Print Name
SCHWEBKE-SHISKIN & Associates, Inc.
Signature/President
f~Lr-~ cad G. - ~-~ ~
Print Name
FOR CUTION
- ~ Z ~ 0~1
ome ate
F:ICAPI\$all\Cano\Contracts - A&E BoilerplatelSchwebke-Shiskin -Venetian Islands ROWW E Agreement - Schwebke-Shiskin -Venetian Islands ROW.doc
31
SCHEDULE A:
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH 8~ SCHWEBKE-SHISKIN & ASSOCIATES, INC.
VENETIAN ISLANDS BID PACKAGE 13C
RIGHT OF WAY NEIGHBORHOOD IMPROVEMENT PROJECT
SCOPE OF SERVICES
CONSULTANT: Schwebke-Shiskin 8~ Associates, Inc. (the "CONSULTANT")
BACKGROUND
The Project is limited to the Venetian Islands Bid Package 13C (BP-13C) Right-of-Way Neighborhood
Improvement Project, which includes the San Marino, Di Lido and Rivo Alto Islands (the "Project"). The scope
of services provides for the re-design of the Project to include additional stormwater infrastructure, additional
potable water system infrastructure, and additional streetscape /hardscape improvements.
SCOPE OF SERVICES
The scope of services for this Project is to design an upgrade of the stormwater system, provide for full
replacement of the water mains, as well as provide additional streetscape and hardscape improvements,
within the Project's available construction budget (See Schedule D). stormwater construction improvements
shall not exceed the available stormwater Bond construction budget. Similarly, total reconstruction of the
roadway (versus milling and resurfacing) will be included to the extent the same is needed and financially
viable given the available budget. The total road reconstruction costs along with all other above ground
improvements shown in the 100% plans must not exceed the available construction budget.
Following is a general description of the Project's scope items:
^ streetscape Improvements: Previous workshops held with residents in the affected areas identified a
variety of items that would be desirable additions to the community streetscape. Utilization of General
Obligation Bond (GOB) funds is limited to streetscape, landscape, lighting and above-ground
improvements (including structural sub-surface base /sub-base needed to allow the surface asphalt
to reasonably function in accordance with its intended purpose plus inlets to an extent to be
discussed). CONSULTANT must evaluate existing conditions of roadways and identify areas that
may need total reconstruction, re-work of the base, or milling and resurfacing. Similarly, Consultant
must evaluate condition of existing sidewalks and identify damaged sections needing replacement,
based on established City criteria.
^ Water line replacements: The current design provides for total water main replacement for the San
Marino Island and partial replacements for the Rivo Alto and Di Lido Islands. The re-design will
provide for a full replacement of all water mains, as well as domestic and irrigation service lines, are
on the three islands.
32
Stormwater enhancements: The City's 1997 Stormwater Master Plan did not recommend stormwater
infrastructure improvements to the Venetian Islands since they are not in a priority basin. Stormwater
Bond funding wilt now be expended on the re-design plans and will include storm water infrastructure
improvements. The current design addresses limited drainage improvements through swale
reconfiguration; roadway re-grading toward existing storm water inlets, during milling and resurfacing
operations; and spot reconstruction of existing structures. City staff has previously coordinated with
the project manager for the Miami-Dade County Venetian Causeway Project so that its design
includes proper drainage infrastructure improvements at the Venetian Island streets that intersect the
Causeway. The County's project is being designed to intercept the majority of the stormwater run-off
that presently flows into the side streets and caused flooding conditions in the immediate areas. The
CONSULTANT shall verify that the County's final construction plans include the anticipated
stormwater improvements at the Venetian islands cross-streets, and coordinate its own re-design
plans to work in conjunction with the County's plans. Design coordination with the County at all
intersections is necessary so that residents are not adversely impacted. The goal is to try and
approach or meet a 5 year / 1 day level of service, as best as possible within existing budget, and as
permittable by jurisdictional agencies, as well as eliminate spot-ponding /flooding caused by
elevation conditions at sidewalks, edges of pavement and driveway approaches. Test holes and
permeability tests should be conducted to confirm that drainage improvements will perform as
designed.
The scope of services requires that all existing and proposed aboveground improvements be coordinated with
existing and proposed below-ground infrastructure improvements, which may include the following tasks:
• Upgrading the drainage collection system;
• Replacement of water mains, not including sanitary sewer lines; and
• Coordination with other entities including, but not limited to, FPL, BellSouth, Atlantic
Broadband, and others that may exist within the public right of way.
Underground water, sewer and drainage infrastructure improvements are generally identified in: the City of
Miami Beach Comprehensive Stormwater Management Program Master Plan, (March 1997), the City of
Miami Beach Water System Master Plan (November, 1994), and the Citywide Sanitary Sewer Infiltration and
Inflow Mitigation Program (1995); including any and all amendments to the aforestated plan/programs.
The total estimated Construction Cost Budget for the project is $6,510,000, not including a construction phase
contingency allowance that is to be held in reserve by the CITY for CITY's use during construction phase.
33
Hence, the CONSULTANT shall plan and design the Project in accordance with the established Construction
Cost Budget of $6,510,000.
Consultant shall be tasked with the following duties and responsibilities:
TASK 1 -PLANNING SERVICES: Not Required.
TASK 2 -DESIGN SERVICES:
The purpose of this Task is to establish requirements for the preparation of contract documents for the
Project.
Task 2.1 requires that CONSULTANT perform a variety of forensic tasks to verify existing
conditions and the accuracy of base maps to be used for development of the contract drawings.
Task 2.2 discusses requirements for the preparation of contract documents, inclusive of drawings,
specifications and front-end documents.
Task 2.3 establishes requirements with regard to constructability reviews.
Task 2.4 establishes requirements for the preparation of Statements of Probable Construction Cost
by the CONSULTANT.
Tasks 2.5 and 2.6 establish requirements associated with participation in a Community Design
Review Meeting and incorporating revisions resulting from that meeting, as approved by the City.
Task 2.7 specifies requirements for review of contract documents with jurisdictional permitting
agencies prior to finalization.
To facilitate the implementation of a Public Information Program, the CONSULTANT shall provide electronic
files of all Project documents, as requested by the CITY for posting on the program website. The
CONSULTANT shall provide the electronic files for the front-end documents, technical specifications, and
construction drawings in MS-Word, AutoCAD and Adobe Acrobat file format.
The review process shall consist of 60%, 90% and 100% complete submittals. Contract documents shall be
subject to constructability and value engineering reviews to be performed by others. CONSULTANT shall
work with the CITY to adjust /revise Project scope as may be deemed necessary to meet established
budgets as the design evolves from earlier to latter stages of completion.
CONSULTANT shall utilize and be bound by the City of Miami Beach Design Standards Manual -August,
2002 (DSM) detailing procedures, standards and policies regarding design of all Right of Way (ROW)
Program projects, the City of Miami Beach Public Works Manual -April, 2007, as well as any subsequent
updates, to supplement details required to complete the Project. One copy of the DSM will be provided to the
34
CONSULTANT.
Task 2.1 - Uadate Existing Base Sheets: CONSULTANT shall verify /update the information presented as
existing conditions in the current 100% design plans, prepared by the previous project consultant, to the
extent necessary to ensure that the proposed improvements do not negatively impact existing /proposed
facilities. CONSULTANT shall: verify that rim and grate elevations match surrounding grades; ensure that
landscaping does not conflict with existing improvements; coordinate with the CITY's Public Works
Department (PWD) to check on condition of existing sanitary sewer lines in vicinity of proposed
improvements; assess condition of existing stormwater system; review video inspection of existing outfalls;
ensure that recent improvements, including new utilities, are properly identified, protected and coordinated
with proposed work; and verify that proposed improvements are not in conflict with existing conditions.
Deliverables: -Perform forensic and survey work as noted to update base sheets.
Schedule: -Within 30 working days after issuance of Task 2 -Design Phase Notice to
Proceed.
Task 2.2 -Detailed Design: CONSULTANT shall prepare all contract documents in compliance with DSM
standards.
Technical specifications shall be prepared in conformance with Construction Specifications Institute (CSI)
formats. The CITY, through the DSM, shall furnish the CONSULTANT with standard CITY specification
outlines for Divisions 1, 2, 3 and 16 as noted in the DSM. For reference purposes, the City has provided
copies of its standard Job Order Contract (JOC) specifications via the DSM. CONSULTANT shall not
reference nor amend FDOT, or other reference standard specifications, for inclusion in the detail design
documents. CONSULTANT shall provide additional sections that the CONSULTANT may require, not already
provided through the CITY standards /DSM, subject to review and comment by the CITY. CONSULTANT
must review CITY standards and adopt and change/update where necessary. Any supplier listings required
by specifications shall include a minimum of two (2) named suppliers and shall meet all applicable CITY and
State of Florida procurement codes. Specifications shall be provided to the CONSULTANT in "Microsoft MS-
Word" format. CONSULTANT shall use the same software in all Project related work. CONSULTANT shall
utilize base front-end documents provided by the CITY. CONSULTANT shall edit accordingly to result in a
Project specific document. Any requirements for Supplementary General Conditions shall be subject to review
and acceptance by the CITY.
CONSULTANT shall attend monthly Design Progress Meetings with CITY at the City's CIP offices as
scheduled by CITY staff.
35
For purposes of this Scope of Services, the following will be considered the minimum effort to be provided by
the CONSULTANT for establishing detail design milestone submittals:
^ The 60% design completion stage milestone shall consist of plan and profile views of all
proposed funded improvements, with all applicable sections and construction details at a scale
of 1-inch equals 20 feet. The corresponding profile for each plan view shall be included on the
same sheet as the plan view. Separate plan and profile sheets will not be acceptable or
accepted. In addition, a small scale key map will be provided on each sheet to allow the
reviewer the ability to readily identify the location of the sheet within the Project area. Prior to
the preparation of the 60% design completion stage drawings, the CONSULTANT shall
incorporate changes to its design based upon its underground utility verification efforts and
review comments received. In addition, the CONSULTANT shall include draft technical
specifications and a draft schedule of unit prices bid (bid form) identifying the items, units, and
quantities to be bid by prospective contractors as part of their bid submittal. Also, this submittal
shall include the CONSULTANT's Statement of Probable Construction Cost as defined by the
American Association of Cost Engineers to be consistent with the overall not-to-exceed Project
budget.
^ The 90% design completion stage milestone shall consist of a near final construction document
set including the front-end documents (general and supplemental conditions), technical
specifications, and construction drawings for all Work. The CONSULTANT shall include
detailed construction sequencing restrictions for the CITY's review with this submittal. Prior to
the preparation of the 90% design completion stage drawings, the CONSULTANT shall
incorporate changes to its design based upon review comments received. In addition, the
CONSULTANT shall provide its "Definitive" Statement of Probable Construction Cost as
defined by the American Association of Cost Engineers with this submittal to be consistent with
the overall not-to-exceed Project Construction Cost Budget. Prior to 100% design,
CONSULTANT shall meet with appropriate Miami-Dade County agencies to confirm that the
Project design meets regulatory requirements and is properly coordinated with the County's
Venetian Causeway Project design.
^ The 100% design completion stage milestone shall consist of the 90% documents updated to
include all constructability and design review comments as may be provided by the CITY
and/or jurisdictional review agencies. This set of documents will be used by the CONSULTANT
to implement PWD permitting reviews. The 100% construction documents must include
PWD's approval stamp (indicating PWD's acceptance). The CONSULTANT shall provide a
36
Statement of Probable Construction Cost, and unit price bid form, modified as needed, to
reflect final permit and regulatory agency comments and modifications
Deliverables: -Furnish six (6) sets each of the 60, 90, and 100 percent design completion
stage documents and Statements of Probable Construction Cost to CITY, as
applicable (three full size and three half size for each submittal).
- Attend design progress meetings with CITY staff at the CIP offices as
scheduled by the CITY.
Schedule: - Complete 60 percent document submittal within 90 working days after the
issuance of Task 2 -Design Phase Notice to Proceed.
- Complete 90 percent document submittal within 30 working days after
receiving review comments from various City Departments on 60% submittal
and completion of CDRM. Permit submittal to applicable regulatory
agencies will commence upon completion of 90 percent documents.
- Complete 100 percent document submittal within 10 working days after
receipt of all comments from regulatory agencies. The 100% construction
documents must include PWD's approval stamp (indicating PWD's
acceptance).
Task 2.3 -Design / Constructability Review: To verify that the CONSULTANT is in compliance with DSM
requirements, the CITY will conduct a series of design submittal reviews on all Project design documents,
inclusive of cost estimates at the 60% completion stage submittal. The 100% design completion stage
submittal will be used by the CONSULTANT to permit the Project through all internal CITY reviews.
The purpose of these reviews shall be to verify that the documents are consistent with the design intent as set
forth in the approved Project Basis of Design Report (BODR). These documents shall be furnished as bound
8-1/2-inch by 11-inch technical specifications and full-size (22-inch by 34-inch) and half size (11-inch by 17-
inch) drawings (as noted in the Task 2.3 deliverables). The applicable CITY Departments shall perform
reviews on these documents and provide written comments (in "Excel" spreadsheet format) back to the
CONSULTANT.
Following receipt of comments by the CONSULTANT, a meeting may be scheduled between the CITY and
CONSULTANT to discuss the intent and review of the comments. Subsequently, the CONSULTANT shall
address how each comment was resolved, within 10 working days after the review session and/or receipt of
the comments. The responses shall be in the spreadsheet format provided to the CONSULTANT. The,
CONSULTANT shall revise its documents to address all review comments.
37
The City will perform constructability reviews of the design documents relative to value, construction
sequencing, and bid format. These reviews shall be based upon 60 and 90 percent design submittals
received from the CONSULTANT and shall be conducted concurrently but separately from the 60 and 90
percent design reviews noted above. These constructability review meetings shall be held to discuss the
CONSULTANT's proposed construction sequencing restrictions and bid formats.
The CITY's review of the contract documents shall not relieve CONSULTANT from its responsibility to the
CITY with regard to the quality and completeness of its contract documents.
Deliverables: -Attend meetings with the CITY to review and discuss design constructability and
value comments.
- Prepare written responses to comments made during reviews.
Schedule: -Complete concur-ently with Design Phase schedule.
Task 2.4 -Cost Opinions: The CONSULTANT shall prepare Statements of Probable Construction Cost for
the 60% and 90% design completion stage submittals, as well as the, final (100 percent) completion stage
submittal. The accuracy of the cost estimate associated with the 60 percent completion stage shall be +30%
to -15% (i.e. 30% over / 15% under the actual amount) "Budget" Level as defined by the American
Association of Cost Engineers. The accuracy of the cost estimate associated with the 90 and 100 percent
completion stage .submittals shall be a +15% to -5% (i.e. 15% over / 5% under the actual amount) "Definitive"
Level Estimates as defined by the American Association of Cost Engineers. All estimates shall be submitted
in Microsoft "Excel" format in accordance with the template supplied by the CITY. All estimates shall be
furnished bound in 8-1/2-inch by 11-inch size. Based upon the CONSULTANT's cost estimate or bids, the
CITY will advise the CONSULTANT if portions of the Project need to be deleted, phased and/or bid as
alternate bid items to satisfy Construction Cost Budget (based upon CONSULTANT's analysis and
recommendations). In this effort, the CONSULTANT may be required to attend a series of meetings and
develop alternative cost savings options for CITY consideration, if the estimates show that the projected
Project Construction Cost will exceed the Construction Cost Budget. The CONSULTANT shall revise the
contract documents to reflect necessary revisions to meet budget parameters at no additional cost
accordingly.
Deliverables: - Furnish six (6) sets of 60, 90 and 100 percent completion stage Statements of
Probable Construction Cost to CITY, in MS-Excel electronic disc format,
concurrently with the design submittals noted in Task 2.3.
38
- Attend meetings with the CITY to review and discuss cost estimates. This
Task includes development of any required cost savings alternatives, and
implementation /revision of documents to address such items, as necessary
to meet established budget parameters.
Schedule: -Complete concurrently with Design Phase schedule.
Task 2.5 -Community Design Review Meeting
CONSULTANT shall attend and participate in one (1) Community Design Review Meeting (CDRM) to review
the design progress and concept. The CITY will schedule, find location for, and notify residents of the
meeting. CONSULTANT shall prepare for, attend and present its documents at the CDRM. The CDRM shall
be scheduled at the 60% design completion stage. Presentation format shall consist of a brief Power Point
presentation to review Project status, highlights, funding, schedules, plus review of full size plans for the
Project. CONSULTANT shall prepare draft meeting minutes and forward them to the CITY, which shall
review, provide comments and distribute, accordingly. CONSULTANT shall provide sufficient staff at the
meeting to address concerns by residents at multiple plan stations. It is anticipated that CONSULTANT will
attend Pre-CDRM meetings with CITY staff to review the proposed format of the presentation for the CDRM.
Task 2.6 -Document Revisions: Based upon the input provided by the residents at the CDRM, the
CONSULTANT shall incorporate contract document revisions, as necessary, to secure approval by the CITY
and all applicable regulatory agencies.
Task 2.7 -Permitting Reviews: CONSULTANT shall prepare applications and such documents and design
data as may be required to procure approvals from all such governmental authorities that have jurisdiction
over the Project. The CITY will pay all permit fees. CONSULTANT shall participate in meetings, submissions,
resubmissions and negotiations with such authorities. CONSULTANT shall respond to comments by such
authorities within ten (10) working days of receipt of comments unless a different time is agreed to by CITY.
CONSULTANT shall solely be responsible for formally transmitting and receiving permits to and from the
respective jurisdictional authorities. Since the CITY is to track and monitor progress on the preparation and
review of permits and subsequent requests for information, CONSULTANT shall also copy the CITY on all
permit related correspondence. This includes CONSULTANT generated minutes from meetings held with
related parties. CONSULTANT shall pull all permits, including the De-watering permit and the Class V Well
Construction permit with the Reasonable Assurance Report. At the time of scope preparation, governmental
authorities that have or may have jurisdiction over Project have been identified as follows:
^ Florida Department of Environmental Protection
^ South Florida Water Management District
39
^ Miami-Dade Department of Public Works
^ Miami-Dade Department of Health and Rehabilitative Services
^ Miami-Dade Department of Environmental Resource Management
^ The City of Miami Beach Fire Department
^ The City of Miami Beach Planning Department
^ The City of Miami Beach Public Works Department
^ Florida Department of Transportation
Notwithstanding the above, the CITY's failure to identify governmental authorities that have jurisdiction over
Project shall not relieve CONSULTANT from its sole responsibility to procure all requisite permits.
Deliverables: - Correspond with noted jurisdictional authorities to establish
permitting requirements.
- Revise documents and respond to permitting inquiries as required.
- Attend meetings with the CITY, and/or permitting agency staff as
required to review, discuss and finalize permit procurement.
Schedule: - Complete concurrently with Design Phase schedule.
Task 2.8 -The CONSULTANT's QAIQC of Desian Documents: CONSULTANT shall establish and
maintain an in-house Quality Assurance /Quality Control (QA/QC) program designed to verify and ensure the
quality, clarity, completeness, constructability and biddability of its contract documents. The CITY, at its
discretion, may require that CONSULTANT attend public meetings or meetings with City Staff to review the
status and present results of its QA/QC efforts. Items to be addressed may include, but shall not be limited to,
review of specifications by respective technical experts and a "Redi-check" type review of the documents to
identify conflicts and inconsistencies between the various project disciplines.
TASK 3 -BIDDING AND AWARD SERVICES
The Project shall be bid as a Unit Price contract. CONSULTANT shall assist City in bidding and award of the
contract. Such assistance shall include facilitating reviews of its contract documents with applicable City
Procurement, Risk Management, and Legal Department representatives, and include a complete quantities
take-off for use by the bidders in developing their bid amount. In addition, CONSULTANT shall furnish camera
ready contract documents for reproduction and distribution by the City, attend pre-bid conferences, assist with
40
the preparation of necessary addenda, and attend the bid opening. CONSULTANT shall provide "As-Bid"
documents for use during construction, as needed, as a result of any addenda issued during the bidding
process.
Task 3.1 -Construction Contract Document Review: CONSULTANT shall assist the CITY during the bid
and award phase of the Project's construction contract. The CITY, shall transmit contract documents
prepared by CONSULTANT to the CITY's Risk Management, Legal and Procurement Departments for
verification of appropriate insurance, form and bonding requirements. CONSULTANT shall assist CITY in this
effort by providing (1) one electronic copy of the complete contract documents set (drawings and
specifications) and participating in meetings, submissions, resubmissions and discussions with these City
departments, as necessary. CONSULTANT shall address and re-submit corrections to any CITY comments
within ten (10) working days of receipt of comments.
Task 3.2 -Bid Document Delivery: CONSULTANT shall provide the CITY with reproducible, camera ready,
sets of contract documents for each bid package. The CITY Procurement Department shall reproduce
documents and handle the advertising, distribution, sale, maintenance of plan holder lists and other aspects
of bid document delivery to prospective bidders.
Task 3.3 -Pre-Bid Conference and Bid Opening: The CITY will conduct one (1) pre-bid conference.
CONSULTANT will prepare meeting agenda and. draft meeting minutes. CONSULTANT shall attend and
participate in the pre-bid conference and bid opening as may be required.
Task 3.4 -Addenda Issuance: CONSULTANT shall provide the CITY timely responses to all inquiries
received by the CITY from prospective bidders. These queries and responses shall be documented and a
record of each shall be transmitted to the CITY in a timely manner. The CITY will consolidate responses and
prepare and distribute the addenda to all plan holders of record accordingly.
Task 3.5 -Bid Evaluation: Consultant shall attend the Technical Review Panel meeting convened by the
CITY to interview contractors and evaluate their submittals. CONSULTANT's role will be to provide any
relevant technical information and address technical questions, as may be needed by CITY staff during the
bid evaluation process. Non-technical bid requirements shall be evaluated by others.
This scope of services includes no additional allowance for CONSULTANT's time to assist the CITY in the
event of a bid protest. To the extent CONSULTANT's services are required in the event of a bid protest;
CONSULTANT shall participate in such activities, as a basic service, at no additional cost to the CITY.
41
Task 3.6 -Contract Award: CONSULTANT shall provide eight (8) sets of construction contract documents,
inclusive of addenda, for execution by the CITY and the successful bidder within five (5) working days of
request by the CITY.
Task 3.7 - As- Bid Contract Documents: After contract award and prior to the pre-construction conference,
the CONSULTANT shall prepare "As-Bid" construction contract documents which, at a minimum, shall
incorporate the following items into the construction contract documents:
^ Contractor's bid submittals, including but not limited to, bid proposal, insurance, licenses, etc.
^ Amend /modify front-end documents and / or technical specifications to incorporate changes
made via contract addenda.
^ Revise construction contract drawings to include modifications /revisions incorporated via
contract addenda.
The CONSULTANT shall prepare As-Bid construction contract documents and reproduce ten (10) sets for
distribution to the CITY within ten (10) working days after City Commission approval.
The following apply to Task 3.1 through 3.7:
Deliverables: -Attend and participate in pre-bid conferences and bid openings.
- Respond to questions from prospective bidders and prepare addenda for
distribution by others.
- Prepare recommendation of award letter
- Provide eight (8) sets of contract documents for contract execution
- Prepare As-Bid contract documents and reproduce ten (10) sets and forward to the
CITY.
Schedule: -Commence upon issuance of Task 3 Bidding and Award Services Notice to
Proceed and complete within 100 business days
TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES
The CONSULTANT shall perform the following tasks related to the construction administration of the Project ,
These tasks shall be performed during the duration of all construction.
42
i
It is anticipated that the construction timeframe for the Project will be approximately fourteen (14) months:
Notwithstanding the preceding, however, CONSULTANT's compensation includes construction administration
and Resident Project Representative services for the duration (through completion and issuance of final
certification) of the Project. CONSULTANT's construction administration and Resident Project Representative
services tasks shall be required during the duration of all construction (through Project completion and final
certification) at the negotiated total amount and rates. No over-time rates will be considered.
The use of E-Builder software will be implemented during the construction phase of this Project and will be
used by CITY staff, the Contractor, and the CONSULTANT for Project document management and tracking
purposes. CONSULTANT will be required to electronically archive into E-Builder scanned copies of:
CONSULTANT transmittals; approved/rejected submittals and shop drawings; responses to requests for
information, contract document clarifications, requests for proposals; field orders; field measurement forms
and pay application review comments; notices of contractor non-compliance; contractor permits, notices to
proceed, inspection reports and photographs; daily work log and Daily Construction Observation Forms;
pre/post construction digital photographs; materials sampling and test results and reports; certificates of
substantial and final completion, and any and all correspondence, reports, logs and documents associated
with Project management, construction administration, and Resident Project Representative activities
I
associated with the construction and final certification of the Project. E-Builder software license expense will
be a reimbursable item and software use training will be facilitated by the CITY.
Task 4.1 -Pre-Construction Meeting: The CONSULTANT shall attend one (1) pre-construction meeting
with CITY and Contractor. The CONSULTANT will prepare and distribute agenda and subsequent meeting
minutes to all attendees and other appropriate parties.
Deliverables: -Attend and participate in pre-construction meeting. '
- Prepare agenda and meeting minutes. !~
Schedule: - As scheduled by CITY after issuance of Task 4 Notice to Proceed.
i
Task 4.1 B: Pre-Construction Kick-off Meeting with Residents: CONSULTANT shall prepare, attend and
conduct one (1)pre-construction meeting with the residents. The purpose of this meeting shall be to introduce
the Contractor to the residents, as well as have the CONSULTANT present a Power Point overview of
anticipated construction sequencing, conditions to be expected, and other issues that may be of concern to
residents, as either addressed at the meeting, or the pre-meeting with CITY representatives (that is to be held
to review the content of the presentation with the CONSULTANT prior to the meeting).
I
43
i
Task 4.2 -Weekly Construction Meetincts: The CONSULTANT shall attend weekly construction meetings
with the Contractor and applicable CITY staff for the duration of the Project. The purpose of these meetings
shall be to review the status of construction progress, shop drawing submittals, and contract document
clarifications and interpretations. These meetings shall also serve as a forum for discussion of construction
issues, potential changes /conflicts and any other applicable matters. The meetings may include site visits
visually observe /address construction related concerns that may result from discussion during tl
construction meeting. These site visits shall be separate and distinct from the "Specialty Site Visits" and
Task 4.6. The CONSULTANT will review Contractor prepared meeting minutes for accuracy ar
completeness and distribute to all attendees and other appropriate parties. Based on field observations ar
other construction related activities, the CONSULTANT shall identify and document any issues, fie
conditions, Contractor performance related items, and other risks/concerns that may impact the cost
timely delivery of the Project, and the expectations of the CITY, as well as the Contractor's plans and recovery
i
schedule to mitigate those risks and meet contractual obligations.
Deliverables: -Attend and participate in weekly construction progress meetings. ~
- Review meeting minutes for accuracy and completeness.
- Issue non-compliance notices to the Contractor, and log into the E
Builder software program, as warranted. j
- Archive all relevant documents, transmittals and correspondence into E
Builder, as previously noted. ~
i
Schedule: -Weekly throughout the Project duration.
Task 4.3 - Reauests for Information / Contract Document Clarification (RFIs / CDCs1: The
CONSULTANT will receive, log and process all RFIs /CDCs and requests for proposal (RFPs). Whenever an
RFI involves the interpretation of design issues or design intent, the CONSULTANT shall prepare a written
response in a timely matter and return it to the CITY. In addition, should certain items within the contract
documents require clarification, the CONSULTANT may be requested by the CITY to prepare and forward
CDCs. The CITY will hold the CONSULTANT directly responsible for any impacts resulting from untimely;
i
responses.
Deliverables: -Respond to those RFI's that involve design interpretations and return to
CITY. Issue CDCs as required. Respond /process RFPs as required.
- Provide RFI, CDC, RFP and other construction management logs.
- Archive all relevant documents, transmittals and correspondence into E- ~
Builder, as previously noted.
Schedule: - On-going throughout Project construction duration
44
i
i
Task 4.4 - Reauests for Chances to Construction Cost and/or Schedule: The CITY will receive, log and
review all requests for Project cost and/or schedule changes from the Contractor. The CITY will evaluate the
general merit of the request, as well as perform a cursory review of the potential impact of the change i
terms of project cost and schedule. The CITY will also forward the request to the CONSULTANT, who shall
provide a written opinion as to the merit /value of the request.
Deliverables: -Perform independent review of request for cost increase and/or time
extension. ~
- Coordinate and participate in meetings, as required, with the CITY an
Contractor to resolve and/or negotiate the equitable resolution of j
request.
- Provide written opinion and / or recommendation upon request.
- Prepare change order documentation in AIA format with supporting
documentation.
-Archive all relevant documents, transmittals and correspondence into ~
E-Builder, as previously noted.
Schedule: -Ongoing throughout Project duration
Task 4.5 - Processinc of Shop Drawinas: The CITY will receive, log and distribute shop drawings to 1
CONSULTANT for its review. The CONSULTANT shall have fourteen (14) calendar days from the time
receipt in its office, to review and return. shop drawings to the CITY. The CITY will hold the CONSULTAI
directly responsible for any impacts resulting from untimely review of submittals.
Deliverables: -Review and approve, or reject, Shop Drawings and return them to the
CITY.
- Archive all relevant documents, transmittals and correspondence into
E-Builder, as previously noted.
Schedule: -Ongoing throughout Project duration.
Task 4.6 -Resident Proiect Representative: The CONSULTANT shall provide one qualified, Resider
Project Representative (RPR), through Project completion and final certification, to provide an adequat
quantity and quality of observation as required to reasonably verify that critical elements of the Project ar
being complied with, and that the general intent of the contract documents is being met. It is anticipated the
construction will be approximately fourteen (14) months. Notwithstanding the preceeding,
CONSULTANT's compensation includes RPR Services for the duration (through completion and issuance
final certifications) of the Project.
45
The CONSULTANT's field staff shall be on-site part-time when the Contractor is on the job, as wa
The RPR shall monitor all Contractor work crews as specified by the CONSULTANT in the contract do
construction sequencing requirements.
In general, the CONSULTANT's RPR shall observe the construction of the Work and:
(a) Conduct on-site observations of the Work in progress to assist in determining if the provisions
the contract documents and permit conditions are being fulfilled and to reasonably protect th
CITY against defects and deficiencies in the Work. CONSULTANT shall report, to the CITY, i
writing, whenever it is believed that Work is unsatisfactory, faulty or defective and / or does nc
conform to the contract documents, does not meet the requirements of inspections, tests, or ha
been damaged prior to final payment.
(b) CONSULTANT shall conduct on-site observations of the Work in progress to determine if t
contract documents and permit requirements are being complied with and to protect the CIT
against Work defects and deficiencies. CONSULTANT shall advise the CITY, in writing, whene~
Work is determined to not conform to the contract documents. The CONSULTANT's RPR sh
attend all scheduled meeting with the Contractor.
(c) Maintain a daily log of Work performed. The daily notes shall include records of when th
Contractor is on the job-site, weather conditions, change orders, or changed conditions, list of jo
site visitors, daily drilling and testing activities, observations in general, and specific observation
in more detail as in the case of observing test procedures. Record, in writing, the outcome c
these inspections. CONSULTANT shall identify any utilities damaged and verify that th
Contractor has notified the respective utility owner.
(d) Verify that tests, equipment and systems start-up are conducted in the presence of appro~
personnel and that the Contractor maintains adequate records thereof; and observe, record,
report appropriate details relative to the test procedures and start-up.
(e) Provide a photographic record of the construction, beginning with pre-construction documentatior
and completing with post-construction photographs. Photographs shall be digital snapshot type
taken to define the progress of the Project and shall be labeled as to date, location, view
electronically filed by month, and signed by the CONSULTANT.
46
(f) Review materials and workmanship of the Project and report to CITY any deviations from 1
contract documents that may come to the CONSULTANTs attention. Determine the acceptabi
of the Work and materials and make recommendation to the CITY to reject items not meeting 1
requirements of the contract documents.
(g) Check Contractors' material certifications and samples, verifying that delivered materials
approved shop drawings.
(h) Field observe critical points in the construction process.
(i) Direct and supervise the sampling and testing of materials to be performed by independent
laboratories under subcontract to the CITY. This task includes the receipt, review and prop
of invoices from the independent testing laboratories for payment by the CITY.
(j) CONSULTANT shall verify and sign off on all pay requisition quantities in the field. CONSULT
shall develop a Field Measurement Form and utilize such form as verification of pay requis
items. CONSULTANT shall advise the CITY of quantities being approved for concurrence.
(k) Monitor that record drawing mark-ups are properly maintained by the Contractor.
(1) The CONSULTANT's RPR shall coordinate with its office staff as necessary to resolve / ad
all Requests for Information /Contract Document Clarifications /Field Orders and other
Project related correspondence as may be forwarded by the Contractor, through the CITY.
(m) Electronically archive into E-Builder scanned copies of: all transmittals; approved/
submittals and shop drawings; responses to requests for information, contract documen
clarifications, requests for proposals; field orders; field measurement forms and pay applicatior
review comments; notices of contractor non-compliance; inspection reports and photographs; daily
work log and Daily Construction Observation Forms; pre/post construction digital photographs
materials sampling and test results and reports; and any and all correspondence, reports, logs anc
documents associated with Project management, construction administration, and Residen
Project Representative activities associated with the construction and final certification of the
Project.
Deliverables: -Provide on-site resident project representation, as need
through the duration of the Project
- Prepare Daily Construction Observation Forms and distrib
to the CITY.
Schedule: - On-going throughout Project.
47
Task 4.7 - Project Closeout: Upon receiving notice from the Contractor advising the CONSULTANT
the Project is substantially complete, CONSULTANT, in conjunction with appropriate CITY staff,
schedule and conduct an overview of the Project. The overview shall include CONSULTANT'S develops
of a "punch list" of items needing completion or correction prior to consideration of final acceptance. The
shall be forwarded to the Contractor.
Upon notification from Contractor that all remaining "punch list" items have been resolved, t
CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final review of the Project. Bas
on successful completion of all outstanding work items by the Contractor, the CONSULTANT shall asp
CITY in closing out the construction contract. This shall include, but not be limited to, providi
recommendations concerning acceptance of the Project and preparing /collecting necessary documentatic
including, but not limited to, lien waivers, Contractor's final affidavit, close-out change orders, certificates
substantial and final completion, consent of surety to final payment, and processing of the final payme
application.
In addition, the CONSULTANT shall coordinate with the Contractor as necessary to transfer record draw
markups or CAD files, which the CONSULTANT shall update the corresponding CAD files for record purpo
and certify the Project as complete, in accordance with all applicable jurisdictional permitting requirements.
Deliverables: -Receive Contractor Substantial Completion notification.
- Coordinate and attend field meetings to review Substantial Completion.
- Prepare and verify that punch lists are completed.
- Certify Project completion to appropriate agencies.
- Receive from Contractor original permit set, red-lined "as-built" drawings
in a form acceptable to the CITY.
- Prepare electronic record drawings and certify Project as complete per
applicable jurisdictional requirements.
- Submit five (5) full size copies, and one (1) full size mylar copy, of final
as-built record drawings with applicable certifications of completion.
-Submit final as-built record drawings electronically in CD format.
- Submit final Project photographs /aerials.
- CONSULTANT to provide Close-Out Book with the following information:
^ Permits -complete final permit inspection sign-offs;
that all permits are closed
^ Engineer's Certification of Project Completion that Project
built in accordance with plans and specifications..
48
^ Change orders - provide all finalized change orde
information, including funding.
^ Punch list -provide complete list, including date item closed.
^ Certificate of Substantial /Final Completion
^ Operating and Maintenance Manuals
^ Pay applications
^ Final Waiver and Releases of Lien /Consent of Surety
^ Material testing log
^ Permit fees log
^ Record drawing log
Schedule: - On-going throughout duration of Project.
Task 4.8 -Warranty Administration/Post Proiect Services: The CONSULTANT shall assist the CITY witF
the coordination of requested warranty work. This assistance shall be provided for a period of up to one (1
year following Final Completion and acceptance of the Project by the CITY, or the issuance of the Fina
Payment, whichever occurs latest.
Deliverables: -Assist the CITY with warranty work completion.
Schedule: -Ongoing throughout duration of Project.
TASK 5 -ADDITIONAL SERVICES
Not required at this time.
TASK 6 - REIMBURSABLES
Task 6.1 -Reproduction Services: The CONSULTANT shall be reimbursed at the usual and customary rate
for reproduction of reports, contract documents and miscellaneous items, as may be requested by the CITY
Unused amounts in this allowance shall be credited back to the CITY at the completion of the Project.
Task 6.2 -Travel and Subsistence:
Not required at this time.
Task 6.3 - Survevina: As needed, the CONSULTANT shall arrange for and coordinate the efforts of licen
surveyors to update the topographical survey of all CITY public rights-of--way within the Project limits to m
the intent of the approved Project Scope. Proposals for these services shall be submitted to the CITY
review and approval.
49
Task 6.4 - Geotechnical Evaluation: As needed, the CONSULTANT shall arrange for and coordinate
efforts of geotechnical and testing services, including permeability test, test holes, etc. Proposals for th
services shall be submitted to the CITY for review and approval.
Task 6.5 -Underground Utility Verification: The CONSULTANT shall contract the services of
underground utility location service to perform additional vacuum extraction excavations, as needed, in
effort to better identify existing underground conditions where work is to be performed. Actual locations s
be as directed by the CONSULTANT, subject to CITY review and acceptance. Proposals for these servi
shall be submitted to the CITY for review and approval.
Minimum Design Features to Be Shown On Drawings
The CONSULTANT shall note that the following criteria indicate the minimum design standards to be
on drawings:
Paving, Grading and Drainage Plans
^ Show existing grade /topography, centerline roadway, edge of pavement, back of sid
top of curb, gutter flow line
^ Show proposed grade along the centerline of the road at 50-ft centers, limits of road
inlets, curb and gutter and sidewalk
^ Show limits of demolition /removal
^ Show limits of proposed work
^ Identify all surface features of all existing and proposed work
^ Identify driveway locations
^ Identify proposed structures
^ Identify linear footage of pipe, pipe invert elevation, diameter and material
^ Proposed flow drainage /directional arrows
^ Stormwater collection pipe profiles oriented on the same sheet as the plan view
Paving, Grading and Drainage Details
^ Show proposed cross sections with topographical information at key locations
^ Identify the following minimum information on cross sections:
- Existing utilities
- Proposed road slope, lane width, sidewalk width and surface features within the
way
- Road construction details for the sub-base and base and asphalt
- Proposed utility locations
^ Conflict manhole detail
^ Manhole details
^ Driveway replacement section
^ Catch basin details
50
^ Drainage pipe trench detail
^ Restoration Details -All pipes
- Roadway
- Sidewalk, where applicable
- Curb and gutter, where applicable
Water Distribution Plans
General
^ Identify existing utilities
^ Identify trees /landscaping to remain in place
^ Provide profiles oriented on the same page as the plan view
Water Distribution System
^ Show location of single and double water meter boxes
^ Identify fire hydrant assembly
^ Identify fitting locations
^ Identify limits of restrained joints
^ Identify deflection limits
^ Identify water sampling points
^ Identify dead end blow-offs
^ Identify air release valves
^ Identify pipe diameter and material
^ Stationing
Pressure Pipe Profiles
^ Show top of pipe elevation
^ Identify location of air release valve at high points
^ Identify vertical /horizontal deflection and/or fittings
^ Identify minimum cover requirements
^ Provide details of major utility crossings
- Jack and bore, Not in Scope
- Horizontal directional drilling, Not in Scope
- Subaqueous crossing, Not in Scope
- Aerial crossing, Not in Scope
- Culvert crossing
F:\CAPI\$all\Cano\Contracts - A&E Boilerplate\Schwebke-Shiskin -Venetian Islands ROWW E Agreement -Schwebke-Shiskin -Venetian Islands ROW.doc
51
SCHEDULE B:
CONSULTANT COMPENSATION
Schedule of Payments
Planning Services * $ 0.00
Design Services* $333,447.00
Bidding and Award Services $ 6,870.00
Construction Administration ** $189,843.00
Reimbursable Allowance~* $ 55,500.00
Historic Preservation Board /Design Review Board (if required) $ 0.00
Note*: These services will be paid lump sum based on percentage complete of each phase as
identified in the individual tasks.
Note**: Construction Administration will be paid on a monthly basis. It is anticipated that constructi
duration will be 14 months; therefore, once construction commences, Consultant will be p.
$13,560.21, for 14 months.
In the event that, through no fault of the Consultant, Construction Administration services a
required to be extended, which extension shall be subject to prior City approval, at its sole discretio
the Consultant agrees to extent said services for $0.00, per month for the duration required
complete the Project.
Note*~`i`: The Reimbursable Allowance belongs to the City and must be approved in writing,
advance, by the Project Coordinator. Unused portions will not be paid to the Consult<
52
SCHEDULE C
HOURLY BILLING RATE SCHEDULE
SCHWEBKE-SHISKIN & ASSOCIATES, INC.
Project Director $150.00
Project Manager $125.00
Senior Engineer $115.00
Engineer $101.89
Staff Engineer $ 81.98
Construction Inspector $ 70.00
Designer $ 85.49
Drafter $ 55.00
Clerical $ 35.00
ELECTRICAL ENGINEER RATES
Project Manager $125.18
Senior Engineer $107.44
Engineer $ 90.75
Staff Engineer $ 73.02
Designer $ 76.15
Drafter $ 62.23
Clerical $ 43.72
LANDSCAPE ARCHITECT RATES
Project Director $160.07
Project Manager $144.76
Landscape Architect $113.70
Designer $ 88.05
Drafter $ 62.73
Clerical $ 48.26
53
SCHEDULE D
COSTRUCTION COST BUDGET
Above Ground Work: $ 2,950,000
Water 8~ Sewer Work: $ 2,640,000
Storm Water Work: $ 920,000
Total: $ 6,510,000
54
SCHEDULE E
PROJECT SCHEDULE
CITY OF MIAMI BEACH
VENETIAN ISLANDS BP-13C
Schedule
Contract Award and issuance of first Notice to Proceed (NTP): Sept. 2009
Perform forensic and survey work to update base sheets Oct. 2009
(within 30 working days of issuance of NTP):
Submittal of 60% Documents and Estimate of Probable
Construction Cost (within 90 working days of issuance of Dec. 2009
NTP):
Submittal of 90% Documents and Estimate of Probable
Construction Cost (within 30 working days after receiving
60% comments and completion of Community Design Review Feb. 2010
Meeting):
Complete 100% Documents and Estimate of Probable
Construction Cost (within 10 working days after receipt of all Mar. 2010
comments from all regulatory agencies):
55
,~k
SCHEDULE F
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
56
SCHEDULE G
INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS.
57
SCHEDULE H
BEST VALUE AMENDMENT
The Consultant agrees to abide by all the required documentation of the City's Performance Information
Procurement System and submit the weekly reports.
58
~:..