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Architectonica International Corp Agreement~, AGREEMENT BETWEEN CITY OF MIAMI BEACH AND aDDq ~7d~7 c yF- s~~o~ ARQUITECTONICA INTERNATIONAL CORPORATION FOR PROFESSIONAL MASTER PLANNING DESIGN SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 31-07/08. FOR THE MASTER PLAN OF -~ THE MIAMI BEACH CONVENTION CENTER CAMPUS June 22, 2009 CONVENTION CENTER MASTER PLAN AGREEMENT TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1 DEFINITIONS 2 1.1 City 2 1.2 City Commission 2 1.3 City Manager 2 1.4 Proposal Documents 2 1.5 Consultant 3 1.6 City's Project Coordinator 3 1.7 Basic Services 3 1.8 The Project 3 1.8.1 The Project Cost 3 1.8.2 The Project Scope 3 1.9 Construction Cost 4 1.9.1 Construction Cost Budget 4 1.9.2 Statement of Probable Construction Cost 4 1.10 Force Majeure 4 1.11 Contract Documents 5 1.12 Contract Amendment 5 1.13 Services 5 1.14 Schedules 5 1.15 Scope of Services 6 ARTICLE 2. CONSULTANT'S SERVICES 6 2.1 Basic Services 7 2.2 Additional Services 7 2.3 Responsibility for Claims and Liabilities 7 2.4 Time 7 ARTICLE 3. THE CITY'S RESPONSIBILITIES 12 ARTICLE 4. ADDITIONAL SERVICES 16 ARTICLE 5. REIMBURSABLE EXPENSES 17 ARTICLE 6. COMPENSATION FOR SERVICES 18 ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS 20 ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS 20 ARTICLE 9. TERMINATION OF AGREEMENT 20 ARTICLE 10 .INSURANCE 23 ARTICLE 11.INDEMNIFICATION 24 CONVENTION CENTER MASTER PLAN AGREEMENT ARTICLE 12.VENUE ARTICLE 13. LIMITATION OF LIABILITY ARTICLE 14. NOTICE ARTICLE 15. MISCELLANEOUS PROVISIONS ATTACHED SCHEDULES: SCHEDULE "A" - SCOPE OF SERVICES SCHEDULE"B" -CONSULTANT COMPENSATION SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE SCHEDULE "D" -PROJECT SCHEDULE 24 25 26 27 30 31 32 33 CONVENTION CENTER MASTER PLAN AGREEMENT TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ARQUITECTONICA INTERNATIONAL CORPORATION FOR PROFESSIONAL MASTER PLANNING DESIGN SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 31-07/08. FOR THE MASTER PLAN OF THE MIAMI BEACH CONVENTION CENTER CAMPUS This Agreement made and entered into this ~ day of 61/~7Nl~vfll?/, 2009, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and ARQUITECTONICA INTERNATIONAL CORPOARTION, a Florida corporation, having its principal office at 801 Brickell Avenue, Suite 1100, Miami, Florida 33131 (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 this Agreement and the attached Schedule "A" (Scope of Services), and wishes to engage the Consultant to provide architecture, master planning, and related professional services for the Project at the agreed fees as set forth in this Agreement; and 1 CONVENTION CENTER MASTER PLAN AGREEMENT WHEREAS, the Consultant desires to contract with the City for performance of architectural, master planning, and related professional services relative to the Project, as hereinafter set forth. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 1.3 CITY MANAGER: , The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized designees (including the Project Coordinator), who shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations to the Consultant; exclusive of those authorizations reserved to the City Commission. 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications No. RFQ No. 31-07/08. to provide for a design of a Miami Beach Convention Center Campus Master Plan, issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 2 CONVENTION CENTER MASTER PLAN AGREEMENT 1.5 CONSULTANT: The "Consultant" is herein defined as Arquitectonica International Corporation, a Florida corporation, having its principal office at 801 Brickell Avenue, Suite 1100, Miami, Florida 33131. When the term "Consultant" is used in this Agreement it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. Any subconsultants retained by Consultant pursuant to this Agreement and the Project shall be subject to the prior written approval of the City Manager. 1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project, except as otherwise provided herein. 1.7 BASIC SERVICES: "Basic Services" shall include those certain master planning, architectural, landscape architectural, engineering and/or other related professional services as required to complete the Project, as described in Article 2 herein and in Schedule "A" ("Scope of Services"). 1.8 THE PROJECT: The "Project" shall mean that certain City project currently referred to as "Miami Beach Convention Center Master Plan", which has been approved by the City Commission, and is further described in Schedule "A" ("Scope of Services"). 1.8.1 THE PROJECT COST: The "Project Cost", as shall be established by the City, shall mean the total cost of the Project to the City including: Construction Cost, professional compensation, land costs (if any), financing costs, testing services, surveys, or other reimbursable expenses. 1.8.2 THE PROJECT SCOPE: The "Project Scope" shall mean the description of the Project contained in Schedule "A" ("Scope of Services"). 3 CONVENTION CENTER MASTER PLAN AGREEMENT 1.9 CONSTRUCTION COST: The "Construction Cost" for the Project shall mean the sum which is the total cost or estimated cost to the City of all elements of the Project, (as specified by the Consultant and approved by the City) including, at current market rates (with a reasonable allowance for overhead and profit), the cost of labor, materials and any equipment which has been designed, specified, selected or specifically provided for the Project, and including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) of the construction cost for rehabilitation of historic buildings, and not including the compensation of the Consultant and any subconsultants, the cost of land, surveys, testing, or other reimbursable expenses. 1.9.1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean an amount budgeted by the City for Construction Cost, of the Project. 1.9.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean a forecast of Construction Cost for the Project prepared by the Consultant for the guidance of the City. The City shall have the right to verify the Statement of Probable Construction Cost. 1.10 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement and having a substantial impact on the Project; other causes beyond the parties' control; or by any other such causes which the Consultant and the City decide in writing justify the delay; provided, however, that market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process shall not be considered a Force 4 CONVENTION CENTER MASTER PLAN AGREEMENT Majeure. 1.11 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement, any schedules or exhibits attached and incorporated hereto; and any other documents as may be incorporated by reference hereto. 1.12 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written amendment to this Agreement, signed by both parties and including, without limitation, an order to the Consultant (approved by the City and signed by the City's duly authorized representative) authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Contract Amendments shall be approved by the City Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such Contract Amendment. 1.13 SERVICES: The "Services" shall mean all services (including Basic Services and Additional Services, as approved by the City) to be performed on the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, and includes labor and materials, equipment, and such other services provided (or to be provided) by Consultant, as required to fulfill its obligations herein. 1.14 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: The schedule of compensation 5 CONVENTION CENTER MASTER PLAN AGREEMENT to the Consultant for Basic Services and Additional Services (as approved by the City), and for Reimbursable Expenses (as defined). Schedule C -Hourly Billing Rate Schedule: The schedule of hourly compensation rates to the Consultant (as submitted by the Consultant and approved, by the City). Schedule D -Project Schedule. 1.15 SCOPE OF SERVICES: "Scope of Services" shall mean the Project scope as described in Schedule "A" ("Scope of Services"), which includes Basic Services and any Additional Services (as approved by the City) ARTICLE 2. CONSULTANT'S SERVICES The Consultant shall provide Services for the Project as required by the Contract Documents and as set forth in Schedule "A" (Scope of Services). The Services for the Project will be commenced by Consultant upon receipt of a written Notice to Proceed issued by the City Manager, and countersigned by Consultant. A separate Notice to Proceed shall be required for commencement of each Task (as delineated in Schedule "A" "Scope of Services"). The Consultant shall be responsible for coordinating with subconsultants and other consultants. Consultant shall conform to all applicable building codes and regulations. Consultant, as it relates to its Services, represents and warrants to the City that it is knowledgeable of codes, rules and regulations applicable in the jurisdictions in which the Project is located, including, without limitation, local ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Statutes, administrative rules and regulations, and Federal laws, rules and regulations. The Consultant agrees to comply with all such laws, codes, rules, and regulations, whether now in effect, or as may be amended or adopted at any time, and shall further take into account all known pending changes to the foregoing, of which it should be reasonably aware. 6 CONVENTION CENTER MASTER PLAN AGREEMENT The Consultant represents and warrants that all of its duties, services and responsibilities under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of projects of this nature in South Florida. In addition, Consultant represents and warrants that it is experienced and fully qualified to perform the Services contemplated by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules and regulations to perform such Services. Consultant represents and warrants that it is responsible for the technical accuracy of its Contract Documents. 2.1 BASIC SERVICES: Consultant shall perform the Basic Services as required in Schedule "A" ("Scope of Services"), and which include all Planning Services Tasks and one Design Services Phase Task, (Task 2.1, "Field Verification of Existing Conditions"). 2.2 ADDITIONAL SERVICES: Consultant shall provide those Additional Services as required in Schedule "A" ("Scope of Services"). 2.3 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, or any of its officers, directors, employees, contractors, consultants, agents and servants, for the accuracy and competency of their designs, working drawings, specifications, or other documents and services; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect, error or omission in such designs, working drawings, specifications or other documents and services; 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. 2.4 TIME: It is understood that time is of the essence in the completion of the Services, and in this respect the parties agree as follows: 7 CONVENTION CENTER MASTER PLAN AGREEMENT 2.4.1 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. 2.4.2 The parties agree that the Services will be performed in a manner that shall conform with the approved Project Schedule, which is attached as Schedule "D" hereto. In the event Consultant is unable to timely complete the Services because of delays resulting from untimely review by the City or other governmental authorities having jurisdiction over the Project, or such other delays which are caused by factors outside the reasonable control of Consultant, Consultant shall immediately provide the Project Coordinator with written notice stating the reason for such delay, 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 for the particular service/work involved (and the City may also provide reasonable compensation, if deemed appropriate) and an adjustment to the Project Schedule will be made. 2.4.3 In providing the Services, the Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Coordinator and any of all firms and/or individuals that have been contracted or otherwise retained to perform services and / or work pertaining to the Project. 2.4.4 The Consultant shall perform its duties 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. 8 CONVENTION CENTER MASTER PLAN AGREEMENT 2.4.5 Whenever others are required to verify, review, or consider any work performed by Consultant including, without limitation, contractors and/or other design professionals or 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, codes, ordinances, and regulations; or which are inconsistent with standards or decisions provided by the Project Coordinator. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified as discrepancies, errors and omissions by others. Consultant shall receive comments from reviewers in writing including, without limitation, via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be construed to mean as soon as possible and taking into account the requirements of the Project Schedule. 2.4.6. 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 own expense) any or all of the services and/or work performed by Consultant in connection with the Services, and the Consultant shall fully cooperate in such review. 2.4.7 Consultant agrees to certify and warrant to the City all estimates of Construction Cost prepared by Consultant. 2.4.8 Consultant represents and warrants to the City that its review and evaluation of the Project budget, Statement of Probable Construction Cost, and any other cost estimates for the Project, represents 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 estimate of Construction Cost or other 9 CONVENTION CENTER MASTER PLAN AGREEMENT cost evaluation prepared by Consultant. 2.4.9 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida law, requires a license, certification of authorization, or other form of legal entitlement to practice such Service(s), it shall employ and/or retain only qualified, duly licensed and/or certified personnel to provide same. 2.4.10 Consultant agrees to designate, in writing, within five (5) calendar days after receiving the first Notice to Proceed, a qualified licensed professional to serve as the Consultant's project manager (herein. after 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. The person selected by Consultant to serve as its Project Manager shall be subject to the prior written approval of the City Manager. Replacement (including re-assignment) of the approved Project Manager shall not be made without the prior written approval of the City Manager. 2.4.11 Consultant agrees, within fourteen (14) calendar days from receipt of written notice from the City Manager stating the cause therefore; to promptly remove and replace a Project Manager, or .any other personnel employed or retained by Consultant on the Project (including without limitation, any subconsultant or subcontractors). 2.4.12 Consultant hereby represents and warrants to the City that it has expertise in the type of professional services required to perform the Services. Consultant agrees that all Services shall be subject to the City's review and approval, and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with applicable laws, statutes, ordinances, codes, rules, regulations, and any other. requirements of governmental agencies having jurisdiction over the Project (or the Services). In 10 CONVENTION CENTER MASTER PLAN AGREEMENT the event of any conflict in these requirements, Consultant shall notify City's Project Coordinator of such conflict and utilize its best professional judgment to advise the City regarding resolution of each such conflict. 2.4.13 Consultant agrees not to divulge, furnish or otherwise make available to any third party(ies) any non-public information concerning the Services or the Project without the City Manager's prior written consent, unless such disclosure is incident to the proper performance of Consultant's obligations hereunder; or the disclosure is required pursuant to Florida Public Records law; or in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require its subconsultants and subcontractors to comply with the provisions of this subsection. 2.4.14 The City and Consultant acknowledge that the Services (as set forth in Schedule A, "Scope of Services") may not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of performance of the Services, Consultant determines that work should be performed to complete the Project which is, in Consultant's opinion, outside the level of effort originally anticipated in the Scope of Services, Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain the Project Coordinator's written consent before proceeding with such work. If Consultant proceeds with any such additional work without notifying and obtaining the written consent of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service (whether or not specifically addressed in the Scope of Services). Notice by Consultant to the Project Coordinator (in and of itself) shall not constitute authorization or approval by the City to perform the work. Performance of any such work by Consultant without the prior written consent of the Project Coordinator shall be at Consultant's sole risk. 2.4.15 Consultant shall establish, maintain and categorize any and all documents related to the Project and the Services in accordance with the City Capital 11 CONVENTION CENTER MASTER PLAN AGREEMENT Improvement Projects (CIP) Department's filing system, and shall provide CIP with copies of correspondence and other documents, as required by the City to properly track the progress of the work and any issues related to the Project and the Services. In addition, Consultant shall provide electronic document files to CIP upon completion of the Services. 2.4.16 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. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall act as the City's representative with respect to the Services and the Project. The Project Coordinator shall have authority to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, (or be interpreted as having the effect) of modifying or changing, in any way whatsoever, unless approved by the City Manager or the City Commission (in accordance with Article 1.12), the following: a) the Scope of Services; b) the time within which the 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 assist Consultant by placing, at Consultant's disposal, all information the City has available pertinent to the Project. Consultant hereby 12 CONVENTION CENTER MASTER PLAN AGREEMENT agrees and acknowledges that, in making such information available to the Consultant, the City makes no express or implied certification, representation, or warranty, as to the accuracy or completeness of any such information (including, without limitation, any information provided in the Proposal .and backup documentation thereto). Any conclusions or assumptions drawn by Consultant following review of the City's information shall be the sole responsibility of the Consultant, and subject to whatever measures Consultant deems necessary, in accordance with its sole professional judgment, to verify the accuracy or completeness of same. If Consultant deems that it is necessary to undertake additional work due to inaccurate, incomplete or incorrect information supplied by the City, Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain the Project Coordinator's written consent before proceeding with such work. If Consultant proceeds with without obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service. 3.3 The City has established the Construction Cost Budget for the Project, as set forth in Schedule "A." 3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling services for the Project at any time including, without limitation, auditing services the City may require to verify Consultant's applications for payment, or to ascertain that Consultant has properly remitted payments due to its subcontractor or vendors. 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Services, or non-conformance with the Contract Documents, the City shall give prompt written notice thereof to the Consultant. 3.6 The City shall furnish required information and render approvals and decisions, in writing, as reasonably expeditious as necessary for the orderly progress of the Services. No approvals required by the City shall be 13 CONVENTION CENTER MASTER PLAN AGREEMENT unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submissions of Consultant for any reasonable basis. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreement. 3.7.1 The City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to the Agreement, except when expressly noted otherwise. (i.e., where delegated', to the City Manager or the Project Coordinator) 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate consultant. 3.7.3 The City Commission shall hear appeals from the administrative decision of the City Manager upon the Consultant's written request. In such cases, the Commission's decision shall be final. 3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00) or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended. 3.8 The City Manager shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations to the Consultant (exclusive of those authorizations reserved to the City Commission and the Project Coordinator). These authorizations shall include, without limitation, reviewing, approving, or otherwise commenting upon 14 CONVENTION CENTER MASTER PLAN AGREEMENT the schedules, plans, reports, estimates, contracts and other documents submitted to the City by the Consultant, and prior review and approval of any subcontractors or subconsultants. 3.8.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonabledelay in the progress of the Services. The City Manager, in his discretion;, may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 'I 3.8.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted to payment of the Consultant; provided, however, that the' Consultant's compensation or other budgets established by this Agreement cannot be increased. 3.8.3 The City Manager shall be the sole representative of the City authorized to issue the first Notice to Proceed (as referenced in Article 2); provided, however, that subsequent Notices to Proceed may. be issued by the Project Coordinator. ', 3.8.4 The City Manager may approve Contract Amendments'which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of, the budgets established herein. 3.8.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of 15 CONVENTION CENTER MASTER PLAN AGREEMENT receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. ARTICLE 4. ADDITIONAL SERVICES 4.1 Additional Services will only be performed by the Consultant following receipt of written authorization by the Project Coordinator (which ~~authorization must be obtained prior to commencement of any such services or work by Consultant). Such authorization shall contain a description of the Additional Services required; an hourly fee (as provided in Schedule "C") and/or lump sum, (including a "not to exceed" amount on additional Reimbursable Expenses [if any]) the amended Construction Cost Budget (if applicable); and an amended time of completion date for the Services (if applicable). "Not to exceed" shall mean the maximum cumulative fee allowable, which the Consultant shall not exceed without further written authorization from the Project Coordinator. The "Not to exceed" amount is not a guaranteed maximum cost for the services or work requested and all costs applicable to same shall be verifiable through time sheet and reimbursable expense reviews. 4.2 Additional Services may consist of the following: 4.2.1 Providing additional work or services 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, inadvertence or omission of the Consultant). 4.2.2 Serving as an expert witness in connection with any public hearing, arbitration proceeding or .legal proceeding, unless such preparation has arisen from the failure of the Consultant to meet the standard of care required in the Contracts Documents. 16 CONVENTION CENTER MASTER PLAN AGREEMENT 4.2.3 Preparing documents for change orders or supplemental work initiated at the City's request. '~ ARTICLE 5. REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses shall include actual expenditures made by the Consultant for the Services. All Reimbursable Expenses, in excess of $500, must be authorized in advance, in writing, by the Project Coordinator: Invoices for Reimbursable Expenses shall be submitted by Consultant to the Project Coordinator (along with supporting receipts, and any other back-up material reasonably requested by the City). Consultant shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." 5.2 Reimbursable Expenses may include the following: ~ 5.2.1 The cost of testing or investigation for underground utilities. 5.2.2 Expenses for reproduction, postage and handling 'of drawings, specifications, and other documents (excluding reproductions for the office use of the Consultant and courier and postage costs between the Consultant and its sub-consultants). 5.2.3 Expenses for preparation of special graphics for community workshops. 5.2.4 Permit fees for all necessary City of Miami Beach regulatory bodies having jurisdiction over the Project (in the event that same are not waived, or cannot be waived, by the City). 17 CONVENTION CENTER MASTER PLAN AGREEMENT ARTICLE 6. COMPENSATION FOR SERVICES 6.1 This Agreement is a Lump Sum Agreement. The Consultant shall be compensated at the not to exceed fee, as listed in Schedule "B", attached hereto, and which (for invoicing and tracking purposes), is based on the "Hourly Rate Schedule" in Schedule "C". Payment 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 shall not 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 services. 6.2 Additional Services (as approved by the City) will be compensated using the hourly rates in Schedule "C". Requests for payment of Additional Services shall be included with .the monthly payment request in Article 6.1. No mark-up shall be allowed on subcontracted Additional Services. 6.3 Reimbursable Expenses (as approved by the City) will be paid up to the "not to exceed" amount in Schedule "B". Requests for payment of Reimbursable Expenses shall be included with the monthly payment request in Article 6.1. No mark-up shall be allowed on Reimbursable Expenses. 6.4 The City and the Consultant agree that: 6.4.1 If the Scope of Work is substantially and materially changed, and following written request from Consultant to the Project Coordinator, and subject further to the prior written approval of the City, the amount of compensation may be equitably adjusted by mutual agreement of the parties. 6.4.2 Upon written request by Consultant to the Project Coordinator, and 18 CONVENTION CENTER MASTER PLAN AGREEMENT subject further to the prior written approval of the City Manager, the Hourly Billing Rate Schedule in Schedule "C" may be adjusted (but no more than annually) based upon the Miami -Fort Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying the ratio of the April index divided by the previous year's index by the Hourly Rate Schedule to define the new Hourly Rate Schedule. The maximum increase will be limited to three percent (3%). 6.5 No retainage shall be made from the Consultant's compensation on account of sums withheld (if any) from payments to the City's general contractor for the Project. 6.6 Method of Billing and Payment. Consultant shall submit billings in a timely manner, on a monthly basis. These billings shall identify the portion of the Service(s) completed (and the nature of the work/services performed); the total hours of work/services performed by employee category and the respective hourly billing rate associated with the employee category; and in the event the work/services of any subcontractor is accomplished, the percentage shall be identified. Billings shall also itemize and summarize Reimbursable Expenses. Where written approval of the Project Coordinator is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such reimbursable. If requested, Consultant shall provide back-up for past and current invoices that records hours for all Services (by employee category) and Reimbursable Expenses (by category). 6.7 The City shall pay Consultant within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. 6.8 Final payment to Consultant (upon completion of the Services) shall be 19 CONVENTION CENTER MASTER PLAN AGREEMENT approved by the City Manager. ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS 7. Consultant shall keep complete financial records and accounts (and require any and all subcontractrs to keep such records and accounts) 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. All books and records relative to the Services will be available during customary business hours for examination and audit by the City and shall be kept for a period of three (3) years after completion of the Services. Incomplete or incorrect entries in such books and records will be grounds for the City's disallowance of any fees or expenses based upon such entries. ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS 8.1 Electronic files of all documents including, without limitation, tracings, drawings, specifications, estimates, investigations, and studies (whether completed or partially completed) are intended to and shall become the property of the City upon completion of the Services, or upon termination or other expiration of this Agreement. Consultant shall deliver all documents to the City within thirty (30) days of completion of the Services (or within thirty (30) days from termination or expiration of this Agreement). 8.2 Any re-use of documents by the City without written verification or adaptation by Consultant for the specific purpose intended will be without liability to Consultant. ARTICLE 9. TERMINATION OF AGREEMENT 9.1 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 20 CONVENTION CENTER MASTER PLAN AGREEMENT to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding for the Services (or the Project), the City may cancel this Agreement without further liability to the City. 9.2 Termination For Cause. The City may terminate this Agreement for cause upon written notice to Consultant, in the event that the Consultant (1) violates any provisions of this Agreement or performs same in bad faith; or (2) unreasonably delays the performance of the Services or does not perform the Services in a timely and satisfactory manner. In the case of termination by the City for cause, the Consultant shall be first granted a thirty (30) day cure period (commencing upon receipt of written notice from the City). 9.2.1 In the event this Agreement is terminated for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant(s) or otherwise. In such event, the Consultant shall be liable to the City for any additional costs 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. 9.2.2 In the event of a termination for cause, the City shall only be required to make payment to Consultant for Services satisfactorily performed and accepted by the City prior to receipt of the City's notice of termination. The City shall have no further liability for compensation, expenses, or fees to the Consultant. 9.2.3 Upon receipt of the written notice of termination, and as a condition to any payment pursuant to subsection 9.2.2, Consultant shall promptly assemble and submit to .the Project Coordinator any and all Project documents (including drawings, calculations, specifications, 21 CONVENTION CENTER MASTER PLAN AGREEMENT correspondence, and all other relevant materials effected). No additional payment shall be made for assembly and submittal of documents. 9.3 Termination For Convenience. In addition to the rights and options to terminate for cause, the City may terminate this Agreement for convenience and without cause upon written notice to Consultant at least fourteen (14) days prior to the effective date of termination. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed up to the time of receipt of the City's written termination notice, and for the assembly and submittal (to the City) of documents in subsection 9.2.3. The City shall have no further liability for compensation, expenses or fees to the Consultant. 9.4 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 for the Services. In that event, the City shall pay Consultant for all Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of the notice of termination. Prior to termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt of written notice from the Consultant. 9.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 9.5 Implementation Of Termination. In the event of termination, either for cause or for convenience, the Consultant, upon receipt of the notice of termination, shall: (1) stop the performance of Services (as of the date specified in the notice of .termination); (2) place no further orders or issue any other subcontracts, except for those that may have already been authorized, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts and; (4) promptly assemble and submit all documents and other related materials 22 CONVENTION CENTER MASTER PLAN AGREEMENT related to the Services. ARTICLE 10 INSURANCE 10.1 At all times throughout perFormance of the Services, the Consultant shall keep the following insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of the following insurance coverage has been furnished to the City's Risk Manager: (a) Professional Liability Insurance, in the amount of one million ($1,000,000.00) dollars, per occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant shall notify City in writing within thirty (30) days of any claims filed or made against the Professional Liability Insurance policy. (b) Comprehensive General Liability Insurance, in the amount of $1,000,000.00 Single Limit Bodily Injury and Property Damage coverage, for each occurrence, which will include products, completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be named as an additional insured on this policy. (c) Worker's compensation and employer's liability coverage, as required pursuant to Florida law. 10.2 Consultant must give 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. 10.3 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 23 CONVENTION CENTER MASTER PLAN AGREEMENT countersigned by the company's Florida resident agent. 10.4 Consultant shall provide to the City's Risk Manager, a certificate of insurance (or copy) of all required insurance policies. The City reserves the right to require a certified copy of such policies upon request. ARTICLE 11. INDEMNIFICATION In consideration of the sum of $10.00, and other good and valuable consideration, the receipt thereof which is hereby acknowledged, Consultant agrees to indemnify and hold harmless the City, and its officers, employees, contractors, and agents, from any liabilities, damages, loss, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligent acts, errors or omissions, recklessness, or intentionally wrongful conduct of the Consultant, or its officers, directors, employees, contractors, agents and servants, in the performance of the Services. This Article 11, and Consultant's indemnification, shall survive the termination or other expiration of the Agreement. ARTICLE 12. 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, if 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. 24 CONVENTION CENTER MASTER PLAN AGREEMENT ARTICLE 13. LIMITATION OF LIABILITY 13.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never, exceeds the total amount of the fees paid to Consultant for the Services (as agreed under the Agreement), less any amount(s) paid to Consultant thereunder. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a total amount of the fees for Services (agreed upon under the Agreement), less the amount of any fee(s) actually paid by the City to the Consultant. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement, in an amount in excess of the total amount of fees under this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes: 25 CONVENTION CENTER MASTER PLAN AGREEMENT ARTICLE 14. NOTICE 14. All written notices given to City by Consultant shall be addressed to: City Manager's Office c/o Assistant City Manager Hilda Fernandez City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: Max Sklar Tourism and Cultural Development Director Tourism and Cultural Development Department City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 All written notices given to the Consultant from the City shall be addressed to: Arquitectonica International Corporation 801 Brickell Avenue, Suite 1100 Miami, Florida 33131 Attn: ~~~~ ~ All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. 26 CONVENTION CENTER MASTER PLAN AGREEMENT ARTICLE 15. MISCELLANEOUS PROVISIONS 15.1 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 sexual orientation, race, color, religion, sex, age, national origin, or disability. 15.2 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 submit bids for the sale or lease of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this subsection by Consultant shall result in termination of the Agreement, without any liability to the City, and may result in Consultant's debarment. 15.3 No Contingent Fee: Consultant warrants to City 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 provision, 27 CONVENTION CENTER MASTER PLAN AGREEMENT City shall have the right to terminate the Agreement, without 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. 15.4 The Consultant represents that it has made and will make reasonable investigation of .all subconsultants to be utilized in the performance of work or services under the Agreement to determine that they possess the requisite skill, knowledge and experience necessary to enable them to perform the Services (or portion thereof) required. Notwithstanding the preceding, or any other term or condition in this Agreement, Consultant shall not be relieved of primary and sole responsibility for the timely and satisfactory performance of the Services. 15.5 The Consultant shall comply with all applicable federal, State, and County laws; the City of Miami Beach Charter and related laws and the Code of the City of the Miami Beach; as well as and with all applicable rules and regulations promulgated by local, State and national boards, bureaus and agencies, as they relate to the Project or the performance of the Services. 15.6 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of the City. 15.7 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 that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 28 CONVENTION CENTER MASTER PLAN AGREEMENT IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be .signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY CLERK CITY OF MIAMI BEACH MAYOR CONSULTANT Attest ARQUITECTONICA INTERNATIONAL CORP. c.~e gl~- ~~' J o rae ~ irme~QZ ~~ Go S ~ ~~cIF A-S Print Name Print Name APPROVED AS TO ~ORM ~ LANQUAC~B boa 29 CONVENTION CENTER MASTER PLAN AGREEMENT SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND ARQUITECTONICA INTERNATIONAL CORPORATION SCOPE OF SERVICES 30 ARQUITECTON/CA MIAMI BEACH CONVENTION CENTER CAMPUS MASTER PLAN Master Planning Scope of Services The purpose of this Project is to develop a Campus Master Plan that meets the City's functional requirements and recommended future needs, incorporates community input, and stays within established schedule and cost parameters. The Planning Phase of the Project will include the following major tasks: 1. Project Kick-off Meeting. 2. Project site reconnaissance visit to include a comprehensive existing conditions report and background gathering. 3. Initial planning session with the City and it's Market Research Consultant (MRC) to explore and prepare alternatives. 4. Meeting with the City to review alternatives and make refinements for CDW. 5. Review meeting to finalize alternatives prior to Community Design Workshop. 6. Community Design Workshop to present the Master Plan, and provide residents the opportunity to participate in the planning process. 7. Preparation of a draft Basis of Design Report (BODR). 8. Conduct a LEED Workshop and prepare conclusions for incorporation into plan 9. Review of BODR with City departments. 10. Preparation and presentation of a comprehensive final Master Plan and BODR for approval by the Mayor and City Commission. It is anticipated that the (2) Community Design Workshops (CDW) will be held to present the preferred plan and to gain the consensus of the community. Based on the results of these CDW's, a phasing plan will be developed by the CONSULTANT in conjunction with City staff, for the design and construction of the facilities in separate and distinct phases. A final comprehensive BODR and Illustrative Master Plan (defining short term and ultimately long-term goals) shall then be prepared summarizing the accepted design concept, budget level cost estimate and implementation schedule as noted in Task 1.10. In addition, please note that to facilitate the implementation of the CITY's Public Information Program, the CONSULTANT shall provide electronic files of all project documents upon request by the CITY. Task 1 - Proiect Kick-Off Meetina: The CONSULTANT shall meet with the CITY and it's MRC to review existing planning documents and receive copies of available reference documents. CITY shall provide general information regarding procedures and direction. The CONSULTANT shall prepare draft meeting minutes and forward them to CITY for review and comments. The CONSULTANT shall finalize and distribute, accordingly. MASTER PLANNING SCOPE OF SERVICES ARQU/TECTON/CA The CONSULTANT shall prepare a list of requested background information, department interviews and any other special area visits. The parties will schedule a reconnaissance visit of the Project site, to be attended by critical CONSULTANT personnel, as well as key CITY staff at a mutually agreed-upon date when the information becomes available. Deliverables: - Major disciplines to attend Project Kick-off meeting. - Prepare and distribute Meeting Minutes Schedule: - See Schedule D -Project Schedule Task 2 - Proiect Site Reconnaissance Visit and Background Gatherin The CONSULTANT and members of the each major design discipline including the MRC shall attend an initial Site Reconnaissance Visit. This site visit shall also be attended by applicable CITY staff. The intent of this task is to facilitate the CONSULTANT'S understanding of the Projects short and long-term needs. This may include document review, site and facility tours, department interviews and requests for additional information to be facilitated by the CITY. The CONSULTANT shall prepare draft meeting minutes including action items and individuals responsible for further action, and forward them to the CITY for review and comments. The CONSULTANT shall finalize and distribute, accordingly. Subsequent visits (at no additional cost to the City) will be required to gather information as it becomes necessary to the development of the Plan. This task includes further document research, exploration and documentation of existing conditions (i.e. structural, mechanical, electrical (MEP) and fire) and smaller discussions with particular on-site personnel to understand their current conditions, shortfalls and future needs. The CONSULTANT shall inform the CITY of any additional document or visitation needs so that information can be researched in an organized and timely manner. Secondary meetings with other agencies, code officials or utilities will also be necessary as part of this task. The CONSULTANT will review and analyze the 5-year Capital Improvements Plan, the 20-year Capital Improvements Plan, existing facilities Conditions Assessment, previous Master Plan studies and recommendations and the newly completed marketing and feasibility study to understand how program needs may be phased against future available budgets. This analysis will allow the CONSULTANT to prepare and prioritize alternatives and line item improvements and develop recommendations for short and long-term goals Deliverables: - Attend Site Reconnaissance Project Site Visit - Prepare and distribute meeting minutes Schedule: - See Schedule D -Project Schedule Task 3 -Attend Initial Planning Session to Explore and Prepare Alternatives The CONSULTANT shall aftend an initial Planning Session to be scheduled with representatives of the CITY and the CONSULTANT. The purpose of the session shall be to MIAMI BEACH CONVENTION CENTER CAMPUS MASTER PLAN Page 2 MASTER PLANNING SCOPE OF SERVICES ARQU/TECTON/CA clarify Project goals with the user group(s) so that viable conceptual alternatives can be explored. At this meeting, the CONSULTANT shall review the background information, program and site options in preparation for an open "brain-storming" discussion regarding the benefits and disadvantages of each. The group will discuss new options as well as options that have been considered in the past and either discarded or postponed for further development. This planning session will establish the groundwork for the development of initial conceptual alternatives. Based on the results of the initial planning session and site visit and materials presented at the Kick-off Meeting and during subsequent background gathering, and the discussion and conclusions made at the initial Planning Session the CONSULTANT shall develop preliminary conceptual alternatives that are responsive to the Project program, budget, and schedule. The CONSULTANT shall assemble graphic images identifying alternative Project design concepts, if applicable, to allow the CITY a full understanding of proposed short and long-term improvement alternatives. Deliverables: - Attend Initial Planning Session with representatives from the City - Develop conceptual alternatives as noted above - Prepare and distribute meeting minutes Schedule: - See Schedule D -Project Schedule Task 4 -Review Alternatives and Make Refinements for Community Desian Workshoa~ In this effort, the CONSULTANT shall meet with the CITY to review the various alternatives and discuss the benefits and disadvantages of each so that decisions can be made on the recommended alternatives and priorities. Each alternative will have a preliminary rough-order of magnitude (ROM) cost estimate with enough detail, equal to Phase I -schematic design level of detail, to be able to compare and differentiate each alternative and make planning decisions. Upon completion of the work session the CONSULTANT shall make revisions to its proposed conceptual plan (Schematic Design level -Phase I), as necessary, to develop a Recommended Approach to the short and long-term goals of the facility. The approach may have simple options and/or phased development but not an exhaustive or inconclusive number of options beyond basic scope. This Recommended Approach that will be presented at the Community Design Workshop. The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY for review and comments. The CONSULTANT shall finalize and distribute, accordingly. Deliverables: - Attend review session with representatives from the CITY - Develop Project conceptual alternatives graphically representative of Phase I -Schematic Design level of detail. as noted above MIAMI BEACH CONVENTION CENTER CAMPUS MASTER PLAN Page 3 MASTER PLANNING SCOPE OF SERVICES ARQU/TECTON/CA - Develop "budget" level ROM cost estimates - Revise proposed concept (Phase I -Schematic Design drawings) and develop final materials for Recommended Approach as approved by the CITY Schedule: - See Schedule D -Project Schedule Task 5 -Review Meeting to Finalize Alternatives Prior to Community Design Workshop: The CONSULTANT shall meet with applicable CITY staff to review the progress set (Phase I - Schematic Design drawings) of materials and ensure that any and all concerns regarding Project scope, schedule and cost parameters are addressed prior to scheduling the Community Design Workshops (CDW). The CONSULTANT and its key sub-consultants including the MRC, shall and must attend the meetings. CONSULTANT shall prepare and distribute meeting minutes and progress material for review, accordingly. Deliverables: - Meet with representatives of the CITY to review recommended alternatives developed for Task 4. - Prepare a draft of the progress materials proposed to present at the Community Design Workshop (CDW) for City Review Schedule: - See Schedule D -Project Schedule Task_6_- Community Design Workshop ICDWI: The intent of the Community Design Workshop (CDW) is to provide the CONSULTANT the opportunity to present the proposed improvements to the community for the purpose of achieving general consensus with residents. Design workshops provide an opportunity for City residents to participate in the planning process for projects in their respective neighborhoods. It is anticipated that two (2) community workshop shall be conducted. The CITY will schedule, find location for, and notify residents of such meeting. The CONSULTANT shall prepare all materials for presentation at the workshop. At a minimum, these shall include presentation materials (representing Phase I -Schematic Design level of detail in the drawings), "full size" specialty graphics, which depicts the proposed short and long- term improvements, a summary of cost estimates, workshop agendas, resident comment cards and requisite copies of each. It is anticipated that the CONSULTANT will utilize a "PowerPoint" type format for its presentation, with support from stand-alone graphics and handout materials. In addition, the CONSULTANT shall prepare draft meeting minutes and forward them to the CITY for review and comment. The CONSULTANT shall finalize and distribute the final minutes accordingly. The workshop is intended to address specific design issues as discussed in the following: MIAMI BEACH CONVENTION CENTER CAMPUS MASTER PLAN Page 4 MASTER PLANNING SCOPE OF SERVICES ARQUITECTONICA Task 6.1: Community Design Workshop: The workshop is intended to provide community residents with a review of the proposed Project scope, budget, and schedule. The CONSULTANT shall prepare full size presentation graphics illustrating existing conditions (Site Analysis Maps) and proposed Project components (Phase I -Schematic Design drawings) developed under Tasks 4 and 5. In addition, graphics shall be prepared presenting a summary of probable costs for the various improvements and the workshop agenda. "Budget" level cost estimates shall be +30%, -15% as defined by the American Association of Cost Engineers. Based on this data, the CONSULTANT shall present the plan (Phase I -Schematic Design drawings) for proposed short and long-term improvements, including but not limited to engineering limitations, and design alternatives, if applicable, to attendees. Applicable CITY staff shall also attend the meeting, and assist the CONSULTANT with responses to resident questions as they pertain to CITY related issues. The CONSULTANT shall note reasonable design /concept revision requests from residents for review and incorporation into the proposed plan (Phase I -Schematic Design drawings). Due to the fixed nature of funding on the Project, budget limits must be adhered to. Hence, the CONSULTANT shall be prepared to discuss budgets and the various impacts of resident requested revisions on such, accordingly. The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY for review and comment. The CONSULTANT shall then finalize and distribute the final minutes, accordingly. Deliverables: - Prepare materials, attend and conduct Community Design Workshop Schedule: - See Schedule D -Project Schedule Task 7 -Preparation of Draft Basis of Design Report: The CONSULTANT shall prepare a draft Basis of Design Report (BODR) (outlining short and long-term goals) presenting the results of the Community Design Workshops and final consensus design plan (Phase I -Schematic Design drawings). The BODR shall include a summary of findings, site plan, and exhibit(s) illustrating all proposed improvements under each phase of the Project, inclusive of the demolition of existing facilities and engineering limitations, and construction of buildings; additional parking areas and improved vehicular access and pedestrian circulation/access. In addition, the BODR shall include sufficient detail in plans (representing Phase I -Schematic Design level of detail in the drawings), sections, notes, and key descriptions to facilitate review by the various CITY permitting and planning divisions discussed in Task 9. Draft report may include placeholders for portions or areas that are under development to be completed for the Final Report (Final BODR to be included in this scope of services at no additional cost to the CITY) As a minimum, the draft BODR shall include discussions and graphics illustrating: MIAMI BEACH CONVENTION CENTER CAMPUS MASTER PLAN Page 5 MASTER PLANNING SCOPE OF SERVICES ARQU/TECTON/CA • Executive Summary summarizing the contents of the BODR. • A section reviewing the existing conditions to be improved. • A section reviewing the planning and programming process and development of the final recommended phased improvement plan. This section shall included detailed (representing Phase I -Schematic Design level of detail in the drawings) presentations of all proposed short and long-term improvements. • A Project implementation plan, inclusive of demolition, utilities, buildings, landscaping, lighting, vehicular access /parking, and general site improvements with a discussion of expected impacts to the facility operations. • A preliminary Phase I -Schematic Design concept plan and design alternatives, if applicable. • A section discussing the phasing of general concepts from the planning process. • A "budget" level cost estimate prepared in conformance with format provided by CITY. Estimates shall be provided for all phased capital improvements. • A schedule for implementing the Project by phases (i.e. design, bid/award, construction, as applicable) including critical issues and the time period allowed for resolving each issue. • Discussion regarding permitting authorities having jurisdiction over Project and provide a list of permits typically retained by the Owner and / or contractor. Unique and / or special permitting requirements shall be identified as well as permitting fees. Five (5) copies of the draft BODR shall be provided to the CITY for initial review and comments and shall contain the following sections, as a minimum: Executive Summary, Purpose and Scope, Existing Conditions, Phased short and long-term Improvements shown as Phase I - Schematic Design level of drawing detail, Permitting and Implementation and Cost Estimates. Deliverables: - Prepare 35 copies of the draft BODR. Schedule: - See Schedule D -Project Schedule Task 8 -Conduct LEED Workshop and Prepare Conclusions• The CONSULTANT shall organize and conduct a LEED (Leadership in Energy and Environmental Design Green Building Rating System) workshop to be scheduled with appropriate representatives of the CITY and the CONSULTANT to explore the possibility of LEED registration and certification for the new facilities, existing facilities, or portions or the proposed Master Plan. The CITY shall make available any historical energy usage data for use in establishing base performance criteria. The Consultant's sustainability initiatives shall MIAMI BEACH CONVENTION CENTER CAMPUS MASTER PLAN Page 6 MASTER PLANNING SCOPE OF SERVICES ARQU/TECTON/CA conform to Florida Statute 255.2575-"Energy -efficiency and sustainable buildings", and City Code Chapter 100=`Sustainability, Article 1. Green Building Ordinance", addressing LEED compliance requirements. The CONSULTANT shall organize the discussion around the appropriate types USGBC LEED Version 2.3 Project Checklists (New Construction-NC, Existing Buildings-EB or Neighborhood Development.), and in compliance with City Code Chapter 100-"Sustainability, Article 1. Green Building Ordinance", addressing LEED compliance requirements. Deliverables: - Prepare Materials and conduct workshop. - Prepare and distribute meeting minutes - Prepare and distribute preliminary LEED Checklists for new and/or proposed buildings indicating prioritized points and likelihood of attainment (Yes, No, Maybe). Schedule: - See Schedule D -Project Schedule Task 9 -Review of Draft BODR with the Citv Departments: The CONSULTANT shall meet to receive, present and review the draft BODR with the following, but not limited to, CITY Departments: • City of Miami Beach Parks and Recreation Department • City of Miami Beach Police Department • City of Miami Beach Planning Department • City of Miami Beach Public Works Department • City of Miami Beach Fire Department • City of Miami Beach Parking Department • City of Miami Beach Tourism and Cultural Development Department The CITY will forward copies of the draft BODR to the above noted CITY Departments. Comments shall be solicited and forwarded to the CONSULTANT for review /comment / response /incorporation into the draft BODR document. It is anticipated that the CONSULTANT shall attend a total of up to five (5} meetings with the various CITY Department representatives to review the various CITY Department comments. The applicable CITY staff will attend the noted review meeting(s) and assist the CONSULTANT, as practicable. However, the CONSULTANT retains final responsibility far procuring all necessary approvals, and for implementing required revisions and resubmissions as necessary. MIAMI BEACH CONVENTION CENTER CAMPUS MASTER PLAN Page 7 MASTER PLANNING SCOPE OF SERVICES ARQU/TECTON/CA The CONSULTANT and its key sub-consultants shall attend all meetings as deemed necessary. It is recognized by the CITY that the time period for obtaining approvals from the various review agencies is beyond the control of the CONSULTANT, except for issues concerning the acceptability of the proposed design concepts and the CONSULTANT's ability to respond to review agency comments. Hence, the CONSULTANT shall address and respond to comments received from the various reviews in writing, and implement requested revisions into the draft BODR, as agreed with the CITY, within fifteen (15) calendar days of receipt of comments, unless agreed to otherwise with the CITY. Upon incorporating the comments received from the various CITY Departments; the CONSULTANT shall revise its draft BODR and then present the final BODR with Phase I - Schematic Design Level of drawings (with requisite graphics and PowerPoint presentation materials) to the Historic Preservation Board. Deliverables: - Attend BODR review meetings - Address comments and revise BODR accordingly - Present BODR to HPB Schedule: - See Schedule D -Project Schedule Task 10 -Final Master Pian /Basis of Desian Report (BODR): The CONSULTANT shall prepare a final and comprehensive BODR based on comments and revisions implemented during the reviews with the various the CITY Departments /review entities as noted in Task 7. This final BODR serves as the basis for development of Phase I -Schematic Design detailed design documents as discussed in Task 7. It shall also be used as the basis for the CONSULTANT's presentation of the Final BODR to the City Commission for approval. If the City Commission directs revision to the Final BODR, the CONSULTANT shall prepare an Addendum, in the CITY provided format, for distribution to all Final BODR holders. Deliverables: - Prepare 35 copies of a final BODR and Addendum, as necessary. - Present the final BODR to the City Commission for approval Schedule: - See Schedule D -Project Schedule Additional Review Meetin~ts: In addition, to all required efforts noted above, the CONSULTANT shall note that the CITY may, at its discretion, substitute any and all of the meetings described in Task 1-10 for a meeting with a Board, Committee or Agency, as deemed necessary. 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