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Agreement with McCumberc~A aoio-~~407 ~~a/io AGREEMENT BETWEEN CITY OF MIAMI BEACH AND MCCUMBER GOLF, INC. FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE PAR 3 GOLF COURSE PROJECT. 7- Resolution No. °~D ~ ®~ °?"~~~ - / ~ 1 ® ~ ~ ~ ~ . ~RO: CERTIFICATE OF LIABILITY INSURANCE . OP ID JSIL DATE (MMIDDIYYYY) 09 07/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS , CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ' IMPORTANT: If,the certificate holder is an AD ITIONAL INSURED, the policy(ies) must be endorsed: I SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - ~ NAME: ~- ~ ~ - ~ I i PHONE Arc No Ext : IArc, No): nc . ates , Greene-Hazel &. Assoc #200 10739 Deerwood Park Blvd ADDRESS: , Jatksonville FL 32256-2873 PRODUCER CUSTOMER ID #: MccUM-1 ~. Phone: 909-398-1'234 F3X: 904-396-7432 ~ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Westfield Insurance Co. A XIII 24112_ MCCuIRber Golf , InC . INSURER 6 : Beazley Insurance Company, Tnc 7502 Plantation BaXy Drive Jacksonville FL 32244 1NSURERC: Bridgefield Employers Ins: Co. 10701 ' - ~ INSURER D : A XV INSURERE : ' - ~ INSURER F c nwconr_~c CGRTIPIt^ATF i111IMRFR• REVISION NUMt3tK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN fSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 'INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, .EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ~ ~ INSR WVD POLICY NUMBER (MMIDD/YYW) (M MIDDIYYYY) LIMITS GENERAL'LIABILITY ~ ~ - EACH OCCURRENCE $ 1 ~ OOO , OOO A X COMMERCIAL GENERAL LIABILITY TRA3195133 O7/O1/lO O7/ql/11 PREMISES (Ea occurrence) $ 1.50,000 CLAIMS-MADE ~ OCCUR MED EXP(Any one person) $ 10, OOO X ~/J PERSONAL & ADV INJURY $ 1 , OOO , OOO X P2r Pr0]eCt Agg r / I ~ /r// J D GENERAL AGGREGATE $ 2 , OOO , OOO , GEN'L AGGREGATE LIMIT APPLIESPER: glll~~ PRODUCTS-COMP/OP AGG $2,000,000 POLICY X jECOT ~LOC ~ ~ $ AUT OMOBILE LIABILITY ~ - ~ ~ ~ COMBINED SINGLE LIMIT' (Ea acadeni) $ 1 OOO, OOO r j, X ANY AUTO . ~ TRA3195133 O7/0~1/lO O7/O1/11 BODILY INJURY (Per person) $ . -ALLOWNED AUTOS - BODILY INJURY (Per accident) $ ~ - A X SCHEDULED AUTOS HIReoAUroS X _ TRA3195133 ~ 07/01/10 07/01/11 PROPERTYDAMAGE (Per accident) - $ A X. . NoN-OWNED AUTOS f TRA3195133 07/01/10 07/01/11 $ . $ A ;. LMBRELLA LIAR }( OCCUR TRA3195133 - O7/O1/lO O7/O1/11 EACH OCCURRENCE $ 4000000 EXCESSiIAB CLAIMS-MADE / AGGREGATE $ 4000000 DEDUCTIBLE ~ $- X RETENTION $ NONE $ ' C WORKERS COMPENSATION ' O83Q38965 ~ ~ 07/O1/lO Q7/O1/11 X WC STATU- 0TH- TORY LIMITS ER LIABILITY AND EMPLOYERS ANYPROPRIETOR/PARTNER/EXECUTIVE - - ~ E. L. EACH ACCIDENT ~ - $ 5OO , OOO ^ -0FFICER/MEMBER EXCLUDED? {Mandatory in NHI /A ~ ~ E.L. DISEASE- EA EMPLOYE $ 5OO ,OOO If yes, describe under -DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 5OO , O O O B Professional Lia.' $5,000 Deductible TBD 08/21/10 06/21/11 Per Oca. 1,000,000 A re ate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 701, Additional Remarks Sdhedule, if more space is required) _ Certificate Holder is Additional Insured as respects General Liability and. Auto Liability `- I..CK IJr'1l,rA I C F7V LUC1[ ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITYMIA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREDiN ACCORDANCE WITH THE,POLICY PROVISIONS. , City of Miami Beach ' ~ -HumbertOCabanas@mlamlbeachfl.CJ - AUTHORIZED REPRESENTATIVE 1700 Convention Center. Drive Miami Beach FL. 33139 © 88-2009 ACO C PORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD - `~ ~ - . RESOLUTION NO.I 2010-27407 ~ . ' ~ ~ ~ A RESOLUTION' OF THE MAYOR AND CITY COMMISSION OF THE CITY ' ~ OF MIAMI BEACH, FLORIDA,. APPROVING AND AUTHORIZWG THE MAYOR ANDCITY CLERK TO EXECUTE AN AGREEMENT ~„ •. WITH MCCUMBER GOLF, .INC.; FOR DESIGN, BID AND .AWARD, AND . CONSTRUCTION MANAGEMENT SERVICES, IN THE NEGOTfATED LUMP • SUM :FEE.OF $294;500, PLUS AN ADDITIONAL NOT-TO-EXCEED AMOUNT. OF .$92;600 fOR APPROVED REIMBUR$ABLE$, FOR THE PAR 3 GOLF COURSE, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 07- ' 09/10; WITH FUNDING. TO BE APPROPRIATED FROM THE MIDDLE ' BEACH' QUALITY OF LIFE RESORT TAX fUND 161. • WHEREAS, on November 2, 2009, the Procurement Division issued' RFQ No. 07- • •- Q9/10 for Design Bid and •.Award, and Construction Management Services, in the negotiated - lump' sum fee of $294:500,, plus' an additional not to' exceed"amount of $92,600 for approved ; ~ ' reimbursables for fhe •Par 3 Golf Course; and WHEREAS, at' its. February 3, 2010 meeting, the City Commission approved Resolution ~. . No. 2010,27324, accepting the recommendation of the City Manager pertaining. to he ranking of ' .proposals pursuant to RFQ No. 07-09/10, and authorizing. the Administration to enter into .negotiations with the top-ranked firm of McCumber Golf, Fnc.; and should the Administration not be, able #o negotiate with-the top-ranked firm, authorizing the Administration to negotiate with the second-ranked firm, Bates Design Group, lnc.; and should the Administration not be able to • negotiafe,with the second-ranked firm; .authorizing the Administration to negotiate with the third- ' ranked firm,. Signature Design Services; lnc.; and " WHEREAS, following negotiations, the City was able to .reach an .agreement with McCumber Golf, ,lnc., in the negotiated' lump sum amount.. of $294;500; and an addifional • amount of :$92,600, for approved reimbursables. , r: " NOW, THEREfORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION ' ' OF THE CITY :OF MIAMI BEACH, FLORIDA,. that the Mayor and City Commission hereby " . approve and authorize an Agreement with McCumber Golf, Inc. for:Design, Bid and Award, and' Construction Management Services,. in"the negotiated lump sum fee of $294,500, plus~an additional not to exceed amount of $92,600 for approved .reimbursables,. for the Par 3 Golf Course `Project, with funding to be appropriated, from the Middle Beach Quality ~of Life Resort Tax Fund 161. PASSED AND_~ADOPTED THIS 9~ DAY OF . ~N~- 2010. ATTEST:. _ - .. - ~~ ~~~~ ~ . . A P AS TO . Robert Parcher, City Clerk .•. ~ Matti Herrera Bower-; Ma~RM & LANGUAGE• ' ~ FOt? CUTION = ~ ~ Z Ip y orneY (~\(1~. ate. . CCO1vIMISSION ,ITEM SUMMARY Condensed Title: • • _ _.. - AResolution accepting 'Phe City Manager's Recommendation to authorizing the Mayor and the City-Clerk to execute an Agreement=with'McCumber Goff,:lnc. for the Design, Bid Arid Award, And Construction Administration Services, ' ForThe Redesign ofThe Par 3 Golf Course, in the negotiated lump sum Fee of.$294,500p1us en additional Not To !• Exceed amount of $92,600•for approved reimbursable for the Par 3 project, pursuanttoRFQ No.07-09/10.Funding to be a 'ro riate from the Middle Beach Qualit of Life -Fund Resort Tax 161. Kev Intended Outcome Supported: ~ ~" Ensure vvell-desi ~ned uali ca ital ro'ects ' Supporting. Data (Surveys, Environmental Scan, etc.}: The"2009Community satisfaction survey indicates that 79% of Middle: Beach .residents rate recreational' programs and facilities as excellent or good. The 2009 community satisfaction survey indicates that when thinking abouf recreation in the City of-Miami Beach, 46% of "Mid Beach Islands" respondents feel the "8 years of age and. under' demographic should benefit most from I'imited resources. _. ,_ Shall:'fhe Commission Adopf the Resolution? . Item.Sunima /Recommendation: _ _ ' • bn October 8; 1997, the City of Miami Beach. issued-RFQ No. 79-96/97 for a'golf course Architect to prepare ' conceptual designs, plans and specifications for the upgrade of the Miami Beach, Normandy Shores; and the Par 3 `golf courses. On October 21,-1997, the City signed an Agreement pursuant to~said'RFQ.'Whilethe Miami Beach and '~' Normandy Shores courses were designed. and built, the,Par 3 was never designed due to-lack of funds. Upon ' ". ~ , receiving input and. recommendations-from the residents and the Sayshore Homeowners' Association (BHA), the . ' Mayorand City Commission at its October 1'4, 2009 meeting, authorized the Administration to issue an. RFQ for the Design, Bid and Award, and Construction Administration Services; for the.Redesign of the Par 3 Gotf Course. RFQ . .. No.07-09/10 was issued and sent to over 45 firms. Proposals were received and an Evaluation Committee appointed by the City Managerreviewed, interviewed key personnel, scored and ranked the proposals based on the published evaluation criteria.. Based on the scoring and ranking, a motion was made and. passed by the .Committee that . ' McCumber Golf Design, Inc. wasthetnp-ranked firm;, Bates Golf Designwas the second-ranked firm,. and.Signature • Design Services, fnc. was. the; third=ranked firm. At .its .February 3, 2010 meeting, the City Commission approved ' .Resolution No. 2010-27324,'hereby accepting the eecommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Qualifications (RFQ) No. 07-09/10, for Design, Bid and Award, and Construction Admin'istratio,n Services, for the redesign of the Par 3' Golf'Course;' authorize the. Administration to enter into. negotiations with. the top-tanked firm of McCumber Golf, Inc. _ On March 3; 2010. The'committee negotiated the fees and hourly rates in accordance with the typical billing hourly rate, to where the committee.and the A/E team felt that a reasonable and acceptable fee for the approved scope had been reached; and following negotiations, the City was able to reach an agteem,ent with McCumber Golf; Inc., in the negotiated. Lump sum amount. of $294,500.00, of which $249,500.00 is for Design and Bid /Award Services, and - $45;1)00.00 for Construction Management Services for the entire duration of the construction phase. An additional ' amount of $92,600; is.provided for:approved reimbursables, which are divided into $36,000:for initial Topographic; _ Site, Landscaping survey, and final as built; $4,500 Geo Tech testing; $22,100 Ground.mon_itoring welts (DERM); . $27,580 fravel expenses; $2;500 reproduction of plans and printing. Ado t.the Resolution. ~ "' . , - Adviso Board Recommendation: . , N/A _ , • :.Financial Information: Source of . ' ~ fuinds: 1 ' $387, ,. OBPI. Total ~. . ~ .Finapcial Impact Summary: =Cit. Clerk's Office- Legislative Ti Humberto Cabanas, ext 4105 . Si n-Offs: , T:WGENDA\2010\June9\Consent\Par 3 -Summary.doc unt . Middle Beach Qua Accoun:t• • y Of Life Fund Resort tax 161 -_ .. De arfrnen.t D'rector ~' _ Assistant Cit.. Mana er _, ,-Cif- Manager GL COC. JGG PDW - JMG fROM:~ - .Jorge M. Gonzalez, City Manager .. :DATE: June 9, 2010. .. ~. SUBJECT:'A.RESOLUTION OF THE MAYOR 'CITY COMMISSION OF THE CITY OF , •. ~- ." MIAMI:BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ~ : .~ CITY CLERK TO EXECUTE AN AGREEMENT WITH MCCUMBER GOLF, INC.; • ; FOR.,DESIGN, BID AND AWARD, AND CONSTRUCTION MANAGEMENT SERVICES, IN_7HE NEGOTIATED LUMP. SUM FEE OF $294,500 (PLUS AN . ADDITIONAL NOT-TO-EXCEED AMOUNT OF .$92,600 .FOR APPROVED - REIMBURSABLES) FOR THE PAR 3 GOLF COURSE, PURSUANT ' TO - ` _ _ ~ REQUEST FOR. QUALIFICATIONS. (RFQ) NO.07=09/10; .FUNDING TO~ BE APPROPRIATED FROM THE MIDDLE BEACH QUALITY OF LIFE RESORT TAX FUND 161. - `ADMINISTRATION RECOMMENDATION • Ad'opt,the Resolution. ' ' KEY INTENDED OUTCOMES SUPPORTED Ensure well-designed quality capital projects FUNDING Funding in the amount of $387,10. 0 to be appropriated from the Middle Beach Quality of Life 'Resort Tax Fund'161. • - ANALYSIS . - On October 8, 1997, the~City of Miami Beach issued RFQ number 79-96/97 for a golf course Architect to prepare conceptual designs, plans and specifications for the upgrade of the • ~: Miami Beach, Normandy Shores,.and the Par 3 golf courses. 0n October 21, 1997, the City - signed an Agreement with; the top ranked firm. of.Arthur Hills and Associates, ,pursuant to , said' RFQ.1Nhile the Miami Beach and Normandy Shores courses were designed and built, • the Par 3 was:never designed due to lack of funds. ' On January. 5, 2009; due. to the time that had elapsed. and in response to requests from. . ~ residents of the~Bayshore neighborhood; the City contracted- Bruce Howard & Associates to " `develop several_conceptualptans for the Par 3 golf course site. • - On March 31, 2009, the City held a publicly advertised meeting with the community at Miami. ~ . Beach Senior High•School: The following conceptual: site plans were presented: -, . • - ~ Refurbished ;Nine-Hole Par 3 Golf Course • Local Park ~ ~ - ^ Hybrid Six-Wole f'ar 3 Golf Course% Local Park - . - . } Commission Memorandum -Par 3 Golf Course June 9, 2010 Page 2 of 4 While each of the plans was conceptual, certain elements were shown in all the plans based .upon community and staff input. Among these are a lake that-would serve drainage, irrigation, and fill functions; two to five tennis courts; public restrooms; a jogging trail around the perimeter of the site; and a tot lot near the Scott Rakow Youth Center. The golf course plans also have options for artificial turf and real turf. The refurbished Par 3 option would retain a full nine-hole golf course as it exists today. The design requirements for a fully:functioning nine hole golf course require the use of most of the space now occupied by the Par 3: Therefore, there is only a small space available for a passive feature like a grove of flowering /fruit trees and tennis courts. This option was . favored by the community at the March 31St meeting. , The Park option would be designed for the local ,neighborhood with educational and interactive features. Possible elements could include picnic and pavilion. areas, an area for fruit and flowering trees, a soccer field, open space and tennis courts. The Hybrid option would retain asix-hole-golf course and also provide some areas that could be used for passive.and active .park activities. The same picnic and pavilion areas, fruit and -flowering trees, tot lot, tennis courts, and open space elements available in the previously mentioned park option would be available in this option. The conceptual plans were presented to the Finance and Citywide Projects Committee on June 25, 2009 and the item was referred to the Land Use Committee on September 14, _2009. During the Land Use Committee meeting, direction was provided to the Administration to prepare a commission item for the issuance of a Request for Qualifications (RFQ} for the design, permitting, bid/award and construction administration services. Itwas discussed at the Land Use Committee that the full Commission should be provided an opportunity to opine on the three (3} options presented by Bayshore Homeowners' Association (BHA) to determine which option the City should pursue. . Upon receiving input and recommendations from the residents and the BHA, the Mayor and .' City Commission at its October 14, 2009 meeting, authorized the Administration to issue an RFQ for the Design, Bid and Award., and Construction Administration Services, for the Redesign of the Par 3 Golf Course at an estimated construction value of $3,100,000. On November 2, 2009, the Procurement Division issued RFQ No..07-09/10, and notices were sent to over 45 firms, which resulted in the receipt of 10 proposals on the due date of December 3, 2009, from the following. firms: . Arthur Hills/Steve Forrest and Associates' • Bates Design Group, Inc.. • Dye Designs, Inc. . Greg Norman Golf Course Design • Jerry Pate Golf Design, Inc. • McCumber Golf, Inc. • Sanford Golf Design • Shearon Golf • Signature Design Services, Inc./Raymond Floyd Design • Signature Golf Design, Inc. Commission Memorandum - Par'3 Golf Course June 9, 2010 r _ . ~ _ Page 3 of 4 O,n Januarys, 20.10, the City Manager via Letter to Commission No. 004-2010, appointed an Evaluation Committee; that convened on January 19, 2010, and was provided with an overview of the project, .information relative to the City's Cone of Silence Ordinance and the. Government in the Sunshine Law: Nine of the ten firms tha# submitted proposals, gave an oral presentation to the Committee and participated in a question and.answer session; with ttie exception of Shearon Designwhich did not accept the City's invitation. Following the ;proposers' presentations, the Committee was instructed to~score and rank each: proposal pursuant to the evaluation criteria established in the RFQ. Based on the scoring and ranking, a motion was made and passed by the Committee that McCumber Golf Design, Inc. was the top-ranked firm, Bates Golf Design was the second- ranked. firm, and Signature Design Services, :Inc. was: the .third=.ranked firm. McCumber Golf 'has over 30 years experience in fhe design and construction of golf courses, and they understand how they function in a large communities: Founded in;1971 as a 'landscape design and golf consultant. firm, McCumber Golf grew into golf course ' - ~ architecture and construction. Headquartered in Jacksonville, Florida, McCumber Golf is the parent company for three operating divisions, These include Mark McCumber & Associates, . a golf course architectural firm .headed by PGA Tour Professional Mark McCumber; McCumber Construction, which specializes in constructing McCumber designed courses; and McCumberGolf Facility Management, a golf course management and operations ' consulting division of the company. McCumber Golf has designed, renovated and constructed more.than 70 courses to date, including private country club courses, resort courses, real estate development courses, public .courses, and executive courses. Their portfolio includes golf courses in Japan,' Korea, China, Costa Rica. and Canada as well as the highly,accla'imed golf course the Brickyard at Riverside, in'Macon Georgia. At~its February 3, 2010 meeting; the City Commission approved Resolution No.2010-27324, hereby accepting ,the recommeridation of the City .Manager pertaining to the ranking of proposals pursuant to Request for Qualifica"tions {RFQ) No. 07-09/1.0, for Design, Bid and Award, and Construction Administration Services, forthe redesign of the'Par 3 Golf Course; authorized the Administration to enter into negotiations with the top-ranked firm of _McCumber Golf; Inc.., and should the Administration not be able to negotiate with the top- ranked firm, authorized the Administration to .negotiate with the second-ranked firm, Bates Design Group,lnc., `and should. the Administration .not be able: fo negotiate with the second= , ranked firm, authorized the Administration to negotiate with the third-ranked firm, Signature Design Services; :Inc. On March 3, .2010, the firstnegotiation meeting was held between City Staff; the Special Assistant to the City Manager and McCumber Golf who submitted a professional services fee in the amount of $632,875.00. This. was .not acceptable to the City and resulted in approximately six{6) additional meetings where the fee, and scope were reviewed, revised. and re-evaluated. The- City continued to negotiate the fees and: hourly rates (see schedule C) until an agreement for a reasonable and. acceptable fee for the approved scope-had been reached. After many negotiations, the City was able to reach an agreement with McCumber Golf, Inc., for professional services in the.negotiated Lump sum amount of $294,500., and $92,60Q in approved reimbursable expenses. broken .down as follows: . Commission IVlemorandum -Par 3 Golf Course - June 9; 2010 -, Page 4 of 4 ~ . Professional Services _. ' ~ ~ Design; Bid and ~Award.Services: ~ $249,500.00 ' Construction Martagernent Services: , ~ ~ $45;000.00 ~. " .Total Professional Services Fee:- $294, 500 Reimbursables; . FuII Topographic, Survey /Final As Built Survey: $36,000 Geotechnical Testing: ~ $4,500 . . Ground- Monitoring Wells:. $22;100- Reproduction Costs:. $2,500 ~Travel.Expenses: $27..,500 Totat.Reimbursable Expenses: $92,600 °. ~ . ... • The total professional services fee was successfully negotiated by-City Staff and the Special Assistant~to the City Manager in the amount of $387,100 which has resulted in a significant . =savings to the City in the- amount of $245,775. . . ~ CONCLUSION . _ • ~ It is recommended that a:Resolution of the Mayor and: City Commission of the City of Miami . Beach; Florida be adopted, authorizing the Mayor and-City Clerk to execute an Agreemenf . with McCumber Golf, :Inc. for Re-design, Bid and Award, and Construction Management " . - ~ ~ - Services, in the negotiated:lumpsurn Fee of $294,500.00 plus an-additional Not to Exceed :amount of $92,600 for.approved reimbursables; for the Par 3-;project, :pursuant to RFQ No. . _ . 07-09/10. Atfachrnents: Schedule A -Scope of A/E Consulting Services - ~ . . Schedule B -Consultant's Compensation Fee Schedule ~ . Schedule C -Hourly Billing. Rates Schedule , : - -Schedule 'D =Schedule {A%E) . ~ JMGlCOC/GME/'HC TsWGENDA\2010\June 9\Consent\Par3Redesign - Memo.doc ,.- '. .... ~ ~ •. Schedule A City.. of Miami Beach Par 3 Golf Course ;~ .:. .: . A/E Scope of Work. _ Task #1 -Conceptual Design I. Site. Analysis ~ Preliminary Master'Planriing ~ , . (1) Thorough review of the property with City staff and .consultants to identify • ._ specific needs; goals and objectives. This would include as-built research ' to identify any constraints on the .project site. , - - ~ (2) Create a preliminary master plan the course that-would be presented: to ` the City staff for review and comments.. ' • - (a) This planwill address the proposed location of alf the major . ~ "components of each golf hole including tees, greens, fairways, -lakes. . ~ ~ and bunkers along.with-other additional amenities and program. items _ . • • . ,including tennis courts, splash pad; tree grove, jogging trait and tot lot. • (b) We would also review the parking impacts to the site that these improvements would make and make recommendations as to the - _ parking needs'for the entire facility... , (c) Preliminary planning will include a written narrative discussing the improvements and a report detailing tfie condition of•all support infrastructure including the irrigation and pump station, drainage , . ~ - structures, and cart paths.. This reportwould also establish preliminary cost estimates: to .guide the projecf scope and keep,the . ~ ~ project within budget. (3) Create a #inal.,master plan based upon the feedback received from the . . preliminary master planning. The Final Master'Plan will be created that will serve as the basis for the improvements to the facility. (4) 'Engineer will conduct :pre-application meeting with the ,permitting agencies and co-consultants. . ` Task #2 -Design Documents - • ~, ~ (1) Once the city has accepted the Master Plan and finalized the scope of . ~ ~_ work we wily begin work on the Phase I, II, and III construction. documents. ~ • . (2) This package will include fall construction drawings for the golf course and other amenities, technical specifications for the. work and alt standard City . of Miami Beach procurement documents for public bid'including but not . limited to General, Conditions and sample contract between. Owner and - ~ Contractor. • '- ~ ' (3) Specific items to be completed' include: ` ~ {a} 9-hole par 3: course - , - (b) Tennis courts (c) Jogging trail . ` - - .. (d)' Tot lot ` . (e) Children's splash pad ` (f) Restroom facility (J).Parking lot . (h) Tree Grove/Landscaping " (i) Lake- & Drainage Design U) •Lighting Design " ~ (k) Irrigation Design (I) Any other plans necessary for permits (4) Cost estimates will be prepared foreach milestone of the Construction . -Documents (30%, 60%, 90% and 100%) (5) At the 60% construction milestone, the engineer will submit the formal permit-applications to the appropriate agencies . Task #3 -Bid Award = (1}Assist in advertisement of bid- ~ ' . , (2) Hold a mandatory pre-bid .meeting for all interested contractors `to .review ' ~ ~ the project and provide an open forum'for questions. . . ~ (3) Assist with, distribution of bid documents (4) Respond to questions from bidders and issue any appropriate addenda. (5) Work with the city to select the most responsible bidder after'bid opening. We will work with the city as needed until the contract. is awarded and .signed. Task. #4 -Construction Management Services ' (1) Overseeing fhe work of contractor and presiding over regular construction meetings to address questions and issues that arise as well as reviewing - the work as it related to the budget and schedule. . .(2) Review monthly .payment application requests. from .the contractor. (3) The.architect/project manager will maintain constant communication with. . the city officials to keep them informed. of the construction progress and any issues that may arise. during the construction. (4) The architect/project. manager will maintain job site construction meeting agendas and minutes of regular construction meetings. . (5) Review and approve all shop drawings, respond to :BFI's, .review ' submittal logs, and review and approve change orders. ~ ' " . (6) Complete project close out process to include review of finaCas-builts, " ~ preparation of final as-builts in AutoCAD format, review of warranty and " operating and maintenance manuals, and final permit close out ' - documentation. ~~ . y ~ _ Schedu e B ~._ C.i y'of Miami Beach Par 3 Golf Course .. Compensation Fee Schedule -.Project Item ~ . ~. Fee . ~ Phase 1 - Conceptual Design ~ $50,000.00- ' ~ Phase 11 -Construction Documents 30% ~ ( ) . . $75;000.00 Phase 111- Construction Documents $115,000.00: ~ . Bid Award ~ ~ $9;500.00. - . Goristructign Management Services $45,.000,00 ... _. ~ ~ ~ . Total -Fee ~ ~ - . ~ . $294, 500.00 Reimbursable Expenses ~ ~ ~ . Travel 25 trips/average cost $1,100%trip $27;500.00 Survey -Initial site survey and. As-built survey $36,000.00 - : ~ Geotech Testing ~ ~ ~ $4,500.00- ' .: Groundwater monitoring wells (IJERM) , $22,100.00 Photo; Reproduction, Plans and Printing $2,500.Q0 Total. 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LL I i a ' Ifr (~ 3 g i 9 x ~ IR s Ix ~ Ix a x x Ix !I4 ~ ~ • Ix ~ I .~ a '~ ¢ I fr ~~ ~~ '4 ~ !~ ~ ~i: _ ~~ ~~ ~ d .~ f r~ I~ .3 . ~ ~ I° E II ~ ! I?< ~~ I~ iQ ~_ € ~~ Id ~ a s '~ ~~ ~ $ F I~ • a I~ ~` o' ~ M t7 ~ ~ L1 t1 t1 CI ~ ~ ~ 11 ~ ~ f1 (7 ~ l1 I~ i1 L1 ~ f1~ t1 1'7 ~ ~ ,~ t1 ~ t1~ (~ j9. .t1 f1 I _..._ ... _-• -_ _ s _... R .. ~'7 1 I .v. f- e. m ~ e R I ~ ~ ,.~ ~p is ~'R R R R ~ R R. R , q. 2010-27324 RESOLUTION NO. . A RESOLUTION OF'THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PURSUANT TQ REQUEST FOR. QUALIFICATIONS RFQ} NO.07-08!10, FOR. THE DESIGN, BID AND AWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE REDESIGN OF THE PAR 3 GOLF COURSE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS- WITH THE TOP-RANKED FIRM OF IS~CChIN(BER GOLF, :INC., AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM OF BATES DESIGN GROUP, INC., AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE SECOND-RANKED FIRM, AUTHORIZING 'THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH THE THIRD-RANKED FIRM OF SIGNATURE DESIGN SERVICES, INC. . WHEREAS, on October 8, 1997, the City of Miami Beach issued RFQ' No. 79- 96/97 for a golf course architect to prepare conceptual designs, plans and specifications for the upgrade of the Miami Beach, Normandy Shores, and the Par 3 golf courses; and WHEREAS, on October 21, 1997, and pursuant to the RFQ, the City signed an Agreement with the top ranked firm of Arthur Hills and Associates; and WHEREAS, the Miami Beach and Normandy Shores courses were completed as designed, the Par 3 was neither designed, nor built due to a lack of funds; and WHEREAS, on January 5, 2009 and in response to requests from residents of the Bayshore neighborhood, the City contracted with Bruce Howard & Associates t4 develop several conceptual plans for the Par 3 golf course site; and WHEREAS, on March 31, 2009, the City held a publicly advertised meeting with the community to review three (3) conceptual site plans; and WHEREAS, the Finance and Citywide Projects Committee on June 25, 2009 was' presented ~ with three (3) conceptual plans and the item was referred to the Land Use Committee on September 14, 20D9; and WHEREAS, the Land Use Committee determined that the full Commission should be provided an opportunity to opine on the three {3) conceptual plans; and WHEREAS, the Mayor and City Commission at Its October 14, 2009 meeting, and upon receiving input and recommendations from the residents and the Bayshore Homeowners' Association, authorized the Administration to issue an RFQ for the Design, Bid and Award, and Construction Administration Services for the Redesign of the Par 3 .Golf Course; and WHEREAS, on November 2, 2009, RFQ No. 07-09/10 was Issued and .notices sent ~to over 45 firms, which resulted in the receipt of proposals from Arthur HiIIslSteve Forrest and Associates; Bates Design Group, Inc.; Dye Designs, Inc.; Greg Norman Golf Course Design; Jecry Pate Golf Design, Inc.; l1Cutii~r Golf, fnc.; Sanford Golf Design; Shearon Golf; Signature Design Services, Inc./Raymond Floyd Design; and Signature Golf Design, Inc; and WHEREAS, on January 5, 2010, the City Manager via Letter to Commission No. 004-2014 appointed an Evaluation Committee (the "Committee"}, consisting of the following individuals: Humberto Cabanas -Capital Projects Coordinator, CIP; Lizette Lopez -Parks and Recreational Facilities Board; Jennifer Massolo -Resident and Leadership Academy Graduate; Walter Miros -Resident and Leadership Academy Graduate; ~~ . Alberto Pozzi -General Manager, Professional Course Management; Kevin Smith. -Parks and Recreation Director; Silvia ~nitzky - ResidentlCo-President Bayshore HOA; and WHEREAS, the Committee convened on January 19, 2010; was provided with an overview of the project; information relative to the City's Cone of Silence Ordinance; the Government in the Sunshine Law; an overview of the proposals by the key personnel of the firms; participated in a question and answer session with nine of the .ten proposers; and discussed and evaluated the proposals based on the evaluation criteria as outlined in the RFQ; and WHEREAS, the Committee unanimously ranked McCumber Goff, Inc. as the top- canked firm, Bates Design Group, Inc. as the second-ranked firm, and Signature Design Services, Lnc. as the third-ranked firm; and WHEREAS, the City Manager concurs with the Committee's recommendation. NQW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI. BEACH, FLORIDA, that the Mayor and City Commission. hereby accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Qualifications (RFQ) Na. 07-09/10, .for Design, Bid and Award, and Construction Administration Services, for the redesign of the Par 3 Golf Course; authorize the Administration to enter into negotiations with the top- ranked firm of McCumber Golf, Inc., and should the Administration not be able to negotiate with the top-ranked firm, authorize the Administration to negotiate with the second-ranked firm, Bates Design Group, Inc.., and should the Administration not be able to negotiate with the second-ranked firm, authorize the Administration to negotiate with the third-ranked firm, Signature Design Services, Inc. PASSED and ADOPTED this 3 day of _ Fe_brka r y , 2010. ATTEST: CfTY CLERK MAY T:IAGENDA120101February 31ConserrtlPar3Reso.doc APPROVED AS TO FQRN] & LANGUAGE & FOR ELUTION J 21 10 omey ~, a G~MMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking Of Firms Pursuant to Request For Qualifcations (RFQ} No. 07-09/10 for Design, Bid And Award, And Construction Administration Services, For The Redesign Of The Par 3 Golf Course, And Authorizing The Administration To Enter Into N otiatians. Intended Ensure well-des' ned ual ca ital ro'ects Supporting Data (Surveys, Environmental Scan, etc.}: The 2009 Community satisfaction survey indicates that 79% of Middle Beach residents rate recreational programs and facilitiPSasexcellentorgood. The 2009 communitysatisfaction survey Indicates that when thinking about recreation in the City of Miami Beach, 46% of °Mid Beach Islands" responderrts feel the °8 years of age and under'" demographic should benefd most from limited resources. issue- Shall the Commission Adopt the Resolution Item Summa !Recommendation: On October 8, 1997, the City of Miami Beach issued RFQ No. 79-96197 for a golf course Architect to prepare conceptual designs, plans and specifications for the upgrade of the Miami Beach, Normandy Shores, and the Par 3 golf courses. On October 21,1997, the City signed an Agreement pursuant to said RFQ. While the Miami Beach and Normandy Shores courses were designed and built, the Par 3 was nevrer designed due to lack of funds.. Upon receiving input and recommendations from the residents and the Bayshore Homeowners' Association {BHA}, the Ma}~r and City Commission at its October 14, 2009 meeting, authorized the Administration to issue an RFQ forthe Design, Bid and Award, and Construction Administration Services, forthe Redesign of the Par 3 Golf Course. RFQ No.07-09110 was issued and sent to over 45 firms. Proposals were received from: Arthur HiIIs/Steve Forrest and. Associates; Bates Design Group, inc.; Dye Designs, Inc.; Greg Norman Golf Course Design; Jerry Pate Golf Design, Inc.; McCumber Golf, Inc.; Sanford Golf Design; Shearon Golf; Signature Design Services, Inc./Raymond Floyd Design; and. Signature Golf Design, Ina An Evaluation Comm~tee appointed bythe City Manager reviewed, interviewed key personnel, scored anti ranked the proposals based on the published evaluation criteria. Based on the scoring and ranking, a motion was made and passed by the Committee that McCumber Golf Design, inc. was thet;ip-ranked firm, Bates Golf Design was the second-ranked firm, and Signature Design Services, Inc. was the third-ranked firm. the Resolution. Financial Information: Ci~Clerk's Office Gus Lopez, ext $6~ Sign-O~fs: Source of AtrmtJ~ Account Funds: ~ OBPI 'Total financial impact Summary: No funds bein a ended at this time. 'T:WGEND 101~ebruary3lCgtsantlPar 3 -Summary. x ment IQi'tectar A;~Is>afrt ~ Man er C Man er GL OC JG PDW JMG U< ~ NIIAIVI~ BEACH Cify of Miami Beach, 1700 Convention Center Drive, Miami Beach, Fbrido 33139, www.miamlbeachfl.gov C4MM15SIUN MEMaRANDUM to: Mayor Matti Herrera Bower and Members of the Cj-ty Commission i=1toM: Jorge M. Gonzalez, City Manager pAT~: February 3, 2010 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF .MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALlFICATfONS (RFQ) N0.07- 09/10, FOR THE DESIGN, BID AND AWARD AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE REDESIGN OF THE PAR 3 GOLF COURSE; AUTHORIZ]NG THE ADMINISTRATION TO ENTER INTO . NEGOTIATIONS WITH THE TOP-RANKED FIRM OF MCCUMBER GOLF, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM OF BATES DESIGN GROUP, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE SECOND-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH THE THIRD-RANKED FIRM OF SIGNATURE DESIGN SERVICES, INC. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Ensure well-designed Quality capital projects BACKGRQUND On October 8,1997, the City of Miami Beach issued RFQ number 79-96197 for a golf course Architect tq prepare conceptual designs, plans and specifications for the upgrade of the Miami Beach, Normandy Shares, and the Par 3 god courses. On October 21,1997, the City signed an Agreement with the top ranked firm of Arthur Hllis and Associates, pursuant to said RFQ. While the Miami Beach and Normandy Shores courses were designed and built, the Par 3 was never designed due to lack of funds. On January 5, 2009, due to the time that had elapsed and in response to requests from residents of the Bayshore neighborhood, the City contracted Bruce Howard & Associates to develop several conceptual plans for the Par 3 golfi course site. On March 31, 2009, the City geld a publicly advertised meeting with the community at Miami Beach Senior High School. The following conceptual site plans were .presented: ^ Refurbished Nine-Hole Par 3 Golf Course ^ Local Park ^ Hybrid Six-Hole Par 3~Goff Course /Local Park Commisslan Memorandum .February 3, 2010 RFQ. No_ 07-A8/109-Redesign of Par 3 Golf Course Psge 2 of 5 While each of the plans was conceptual, certain elements were shown in all the plans based upon community and. staff input. -Among these are a lake that would serve drainage, irrigation, and fill functions; two to five tennis courts; public restroams; a jogging trail around the perimeter of the site; and a tot lot near the Scott Rakow Youth Center. The golf course plans also have options for artificial turf and real, tort. The refurbished Par 3 option would retain a full nine-hole golf course as it exists today. Nine gol# holes require most of the space now occupied by the Par 3. Therefore, there is only a small space available for a passive feature like a grove of flowering /fruit trees and tennis courts. This option was favored by the community at the March 31g meeting. The Park option would be designed for the local neighborhood with educational and interactive features. Possible elements could include picnic and pavilion areas, an area for #ruit and flowering trees, a soccer field, open space and tennis courts. The Hybrid option would retain asix-hole golf course and also provide some areas that could be used for passive and active park activities. The same picnic and pavilion areas, fruit and flowering trees, tot lot, tennis courts, and open space elements available in the previously mentioned park option would be available in this option. The conceptual plans were presented to the Finance and Citywide Projects. Committee on ' June 25, 2009 and the .item was referred to the Land Use Committee. on September 14, 2009. During the .Land Use Committee meeting, direction was provided to the Administration to prepare a commission item for the issuance of a Request for Qualifications (RFQ) for the design, permitting, bidlaward and construction administration services. ]t was discussed at the Land Use Committee that the full Commission should be provided an opportunity to opine on the three (3) options presented by BHA to determine at the. Commission meeting the which direction that the project should proceed under. Upon receiving input and recommendations from the residents and the Bayshare Homeowners' Association {BHA), the Mayor and City Commission at its October 14, 2009 ' meeting, authorized the Administration to issue an RFQ for the Design, Bid and Award, and Construction Administration Services, for the Redesign of the Par 3 Golf Course. . RFQ PROCESS .Upon receipt of the revised scope of services and the final approval from the CIP Office, on .November 2, 2009, the Procurement Division issued RFQ No. 07-09110, and notices were sent to over 4S firms, which resulted in the receipt of 10 proposals an the due date of December 3, 2009, from the. following firms: • .Arthur Hills/Steve Forrest and Associates • Bates Design Group, Inc. • Dye Designs,. inc. • Greg Norman Golf Course Design • Jeny Pate Golf Design, Inc. • McCumber Golf, Inc. • Sanford Golf Design • Shearon Golf • Signature Design Services, Inc./Raymond Floyd Design ~ Signature Golf Design, inc. Commission Memorandum, February 3, 2010 RFQ No.07-0A/t OS-Redesign of Par 3 Galf Course Page 3 of 5 On January 5, 2010, the City Manager via Letter to Commission No. 004-2010 appointed an Evaluation Committee {the "Committee"}, consisting of the following individuals: Humberto Cabanas Capital Projects Coordinator, CIP Lizette Lopez Parks and Recreational Facilities Board . Jennifer Massolo Resident and Leadership Academy Graduate . Walter Miros Resident and Leadership Academy Graduate Alberto Pozzi General Manager, Professional Course Management. Kevin Smith Parks and Recreation Director Silvia, Winitzky Resident/Co-President Bayshore HOA The Committee convened on January 19, 2010, and was provided with an overview of the project, information relative to the Cites Cone of Silence Ordinance and the Government in • the Sunshine Law. Lizzette Lopez was unable to attend the meeting due to a late arising , '_ conflict. Jennifer Massolo was nominated as chairperson of the Committee. The Committee was then provided with an overview of the proposals by the key personnel of the nine of the ten firms that submitted proposals, and participated in a question and answer session with the nine proposers. Shearon Design did not accept the invitation to meet with the Committee, and therefore did not attend the meeting. 1=ollawing the proposers' presentations, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ, which was as. follows (total possible of 100 points}: The experience, qualifications and portfolio of the Principal Firm {20 points). • The experience, qualifications and portfolio of the Project Manager, as well as hislher familiarity with this project and a thorough understanding of the methodology and design approach to be used in this assignment (20 paints). • The experience and qualifications of the professional personnel assigned, to the Project Team as well as their familiarity with this project and a thorough understanding of .the methodology and design approach to be used in this assignment (20 points). • Risk Assessment Plan that reflects a clear understanding of project objectives, a thorough review of exis#ing conditions, design documents; familiarity with the project site; a thorough understanding of all permitting and regulatory requirements and impacts; and other considerations that may impact the design and construction of the proposed improvements (10 points). • Willingness to meet time and budget requirements as demonstrated by past .performance, methodology and approach {5 points). • Certified minority business enterprise participation {5 points). Either the Prime Consultant or the sub-Consultant team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business Administration (SBA), State of Florida, or Miami-Dade County. Gommissian Memorandum February 3, 2010 RFQ No.07-D9/1 D~Radesign of Par 3 Golf Course Page 4 of 5 • Location (5 points}. - • Recent, current, and projected workloads of the firms (5 points). • The volume of work previously awarded to each firm by the City ,with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firm (5 points}. • Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence on reference checks on clients of the Fmt(s) (5 .points}. The Committee discussed the proposals .and proceeded to score the firms asfollows: Humberto Jennifer Walter Alberto Kevin Silvia Ranking Cabanas Massolo Miros Pozzi Smith Winilzky Total McCumber Golf, 91 (2) 92 (1) 8T (4) 71 (6) 86 (1) 94 {2) 18 .Inc. Bates Design 92 (1) 89.9 {2) 90 (1} 79 (2) 75 {8) 85 {5) 17 Grou , tnc. Signature Design Services, Inc. 86 {4) 91 {3) 82 {5) 75{3) 81 (4) 95 (1) 20 Ra and Flo Arthur Hills Steve Forrest 89 3 85 4 78 S 74 4 85 2 83 6 25 Jerry Pate Golf Desi n, Inc. 72 7 87 5 88 3 68 8 79 5 82 3 31 Sanford Golf 85 (5) 81 {8) T6 {7) BO {1} 84 (3) 57 (9) 31 Des' n Greg Norman Golf Course 73 {6) . 66 {8) 89 (2) 71 (5) 74 (7) 90 (4) 32 Des' n Signature Golf Des' n, Inc. 70 8 82 7 70 8 70 7 63 8 88 7 45 Dye Designs, Inc. 67 (9) 55 (9) 65 (9) 5$ {9) 55 {9) 60 (8) 53 Shearon Golf 45 10 43 10 51 10 40 10 82 10 45 10 BO .Based on the. scoring and ranking, a motion was made and passed by the Committee that McCumber Golf Design, Inc. was the top-ranked firm, Bates Golf Design was the second- ranked firm, and Signature Design Services, Inc. was the third-ranked firm. McCumber Golf has over 30 years experience in the design and construction of golf courses, with an understanding of how they function in a larger community. . Commission Memorandum February 3, 2090 RFQ NoA7-0®/109--Redesign ofPar 3 GoliCourse Page 5 of 5 Founded in 1971 as a landscape design and golf consultant firm, McCumber Golf grew. into golf course architecture and construction. Headquartered in Jacksonville, Florida, .McCumber Golf is the parent company for three operating divisions.. These include Mark McCumber 8~ Associates, a golf course architectural firm headed by PGA Tour Professional ~ ' .Mark McCumber, McCumber Construction, which specializes in constructing McCumber ' designed courses; and McCumber Golf Facility Management, a golf course management and operations consulting division of the company. McCumber Golf has designed, renovated and constructed more than 7Q courses to date, including private country club courses, resort courses, real estate development courses, public courses, executive courses and remodeled courses and renovation projects including the highly acclaimed course, The Brickyard at Riverside, in Macon Georgia. Additionally, McCumber Golf has become internationally active including designing courses in Japan, Korea, China, Costa Rica and Canada. Following the interview with McCumber Golf, Committee members cited haw enthusiastic and engaged the. firm isabout the City's project, and the passion the principals have for the sport, particularly growing. up across the street from, and maintaining, a public course. . Bates Golf Design Group was established in 19$8 and is based in Palm Beach Gardens, Florida. The firm specializes in master planning, design and renovation of golf courses. Their team has successfully undertaken the design and development of golf properties in the Americas, Canada, the Caribbean, Europe, Africa and Asia. .Bates Golf Design Group has won several major awards and recognitions for their golf course designs and cons#ruction. The firm has undertaken a number of similar projects over the past five years relative to the Cites requirements. Raymond Floyd Design has an exclusive relationship with Signature Design Services, Inc., and its principal, Harry Bowers, and they have been working together for over 18 years. They have designed and renovated several award winning golf courses in the United States and worldwide. In the past five years they have jointly renovated more than 12 golf courses providing design. and project management experience. Their team recently completed the design, construction and grow-in of the Palm Beach Par 3 course CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution, which recommends the acceptance of the ranking of firms and authorizes the Administration to enter into negotiations with the top-ranked firm of McCumber Golf, Inc,, and if the Administration is unable to negotiate an agreement with the tap-ranked firm, authorize the Administration. to negotiate with the second-ranked firm of Bates Golf Design Group: inc., and if the Administration is• unable to negotiate an agreement with the second-ranked firm, authorize the Administration to negotiate with the third-ranked firm of Signature Design Services, Inc. 7:IAGENDA120101February 31ConsentlPa~Memo.doc ~ 1 ® DATE(MM/DDIYYYY) A~ oRO CERTIFICATE OF LIABILITY INSURANCE MCC MSIL oe/12/10 - U PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Greene-Hazel & Associates, Inc. HOLDER. THIS CERTIFICATE DOES' NOT AMEND, EXTEND OR #200 0739 Deerwood Park Blvd 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW , . Jacksonville FL 32256-2873 Phone: 904-398-1234 Fax: 904-396-7432 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Westfield Insurance Co. A XIII 24112 ' ' INSURER 8: L10 d ~ S , London InC lf b G M C INSURER C: Bridgefield Employers Ins. Co. 10701 , . um er o c 7502 Plantation Bay Drive INSURER D: A XV Jacksonville FL 32244 INSURER E: C(1\/GR D (,PC vTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR ANY REQUIREMENT , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R~ LTR I UD NSR - TYPE OF INSURANCE POLICY NUMBER DA LECMM DDCTYYYY DATE MM/DDI~YYWN LIMITS GENERAL LIABILITY ~ _ EACH OCCURRENCE $ 1 , OOO , OOO A . X COMMERCIAL GENERAL LIABILITY TRA3195133 07/01/10 O7/O1/11 DAMAGE76lZEftT PREMISES (Eaoccurence) $ 150,0.00 CLAIMS MADE a OCCUR MED EXP (Any one person) $ lO , OOO ' PERSONAL & ADV INJURY $ 1 , OOO , OOO X Per Project Age GENERAL AGGREGATE $ 2 , OOO , OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , OOO , OOO POLICY }{ PRO- LOC JECT AUT OMOBILE LIABILITY ~ COMBINED SINGLE LIMIT $ 1 , OOO , OOO A }{ ANY AUTO TRA3195133 O7/O1/lO O7/O1/11 (Ea accident) 'ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) P, X HIRED AUTOS TRA3195133 O7/O1/lO O7/O1/11 BODILY INJURY $ A X NON-OWNED AUTOS `PF.'A3195133 O7/O1/lO O7/O1/11 (Per accident) PROPERTY DAMAGE $ (Per accident) ' GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~ EA ACC S AUTO ONLY: AGG $ EXCESS 1 UMBRELLA LIABILITY EACH OCCURRENCE $ 4000000 - A-: }{ OCCUR ~ CLAIMSMADE TRA3195133 O7/O1/lO O7/O1/11 AGGREGATE $ 4000000 DEDUCTIBLE $ }{ . RETENTION $ NONE - $ WORKER S COMPENSATION _ `X TORY LIMITS ER C AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEn 083038965 O7/O1,/lO O7/O1/11 E.LEACHACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? LJ in NH) Mandato E. L. DISEASE-EAEMPLOYE $ 500,000 ry { If yes, describe under ~ E.L. DISEASE -POLICY LIMIT $ 5OO OOO SPECIAL PROVISIONS below OTHER B Professional Lia. ANE1105567.09 08/21/09 08/21/10 Per Occ. 1,000,000 $5 000 Deductible A re ate 1,000 000 - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ' *10 Days Applies for Non-Payment of Premium V CRI Irl~.~+ r ~ r wwu. -- - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYMIA DATE THEREOF, THE ISSUINGINSURER WILL ENDEAVOR TO MAIL 3O* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR C1ty Of Ivll amt Beach REPRESENTATIVES. 1700 Convention Center Dr1ve RUTH R RESENTATIVE Miami Beach FL 3313.9 I w'.~ n r~llo nTlflA1 All ....hoc ~ncn.-vnrl ACORD 25 (2009101) - v Too-cw~ r,...~~~ ~"~~.,~.~ ~ ~.~, 'The ACORD name and logo are registered marks-ter ACORD ~, TABLE OF CONTENTS DESCRIPTION PAGE . ARTICLE' 1 DEFINITIONS 5 ' 1.1 ~ City. 5 1:2 ; City Commission ~ ~ ~ - 5 1.3 City Manager 5 1.4 Proposal Documents 5 1.5 Consultant 5 1.6. City Project Coordinator ~ 6 1.8 Basic Services ~ 6 . 1.9 The Project 6 _ 1.9.1 ~ The Project Cost 6 1.9.2 The Project Scope 6 1.10 Construction Cost ~ 6 .1.:10.1 Construction Cost Budget ~ 7 1.10.2 Statement of .Probable. Construction Cost 7 -' 1.11 Force Majeure 7 • 1.12 Contractor 7 1.13 ~ Contract Documents ~ 7 1.14 Contract for Construction 8 1:15 Construction Documents 8 . ~ 1.16 _ Contract Amendment 8 1.17 Additional Services ~ 8 . 1.18 Work 8 1.'19 Services 8 • ..1.20 Base Bid 8 1.21 Schedules ~ 9 1.22 Scope of Services 9 ARTICLE 2. BASIC SERVICES 9 - 2.1 Planning Services - ~ 10 2.2 ` Design Services 10 2.3 Bidding and Award Services 10 .. 2.4 - Construction Phase Services 10 - 2.5 .Additional Services. 10 2.6 Responsibility for Claims and Liabilities - 10 2.7 - Time 11 2.8 ~ Penalties for Construction Delays 15 ARTICLE 3. THE CITY'S RESPONSIBILITIES 15 ARTICLE 4. . RESPONSIBILITY FOR CONSTRUCTION COST 18 • ARTICLE 5. ADDITIONAL SERVICES 19 ARTICLE 6. REIMBURSABLE EXPENSES 20 ~ . ARTICLE 7. COMPENSATION FOR SERVICES ~ 21 ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 22 ARTICLE 9: OWNERSHLP AND USE OF DOCUMENTS 22 ARTICLE 10. TERMINATfON OF AGREEMENT 23 - 10.1 Termination. for lack of Funds 23 .10.2 Termination for Cause 23 10.3 Termination for Convenience 24 10.4 Termination by Consultant 24 10.5 Implementation of Termination 24 10.6 Non-Solicitation 25 ARTfGLE 11. ~ INSURANCE 25 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 26 ARTICLE 13. ERRORS AND OMISSIONS 27 ARTICLE. 14. LIMITATION OF LIABILITY 27 ARTICLE 15. NOTICE ~ 28 ARTICLE 16. MISCELLANEOUS PROVISIONS ~ 28 SCHEDULES: SCHEDULE A SCOPE OFSERVICES 34 SCHEDULE B CONSULTANT COMPENSATION ~ 35 " SCHEDULE C HOURLY BILLLNG RATE 36 SCHEDULED PROJECT SCHEDULE 37 SCHEDULE E GENERAL CONDITIONS of the CONSTRUCTION CONTRACT ~ 38 SCHEDULE F . CERTIFICATE OF LAIBILITY /INSURANCE AND SWORN AFFIDAVITS 39 3 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND. CONSULTANT ' MCCUMBER GOLF, INC FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES . FOR THE DESIGN ,BID ANDAWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE . REDESIGN OF THE PAR 3 GOLF COURSE PROJECT This Agreement made and- entered into this Ray of ~~ NG 2010, 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, 331.39, and MCCUMBER GOLF, INC., a Florida corporation having its' principal office at 7502 Plantation Bay :Drive. Jacksonville, Florida, 32244 (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, design, landscape architecture, and engineering services, Bid and Construction Administration services for the Project at the agreed fees asset forth in this Agreement; and WHEREAS; the Consultant desires to -contract with the City for performance of architectural,. engineering, .urban design, and landscape architectural, and related 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: 4 ARTICLE 1, DEFINITIONS 1.T 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 and shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean .Request for Qualifications No. 07- 09/10 entitled "Design, Bid and Award, and Construction Administration Services for the Redesign of ~;. with all amendments thereto, if any, and the Consultant's proposal in response thereto. the PAR 3 Golf Course, (the RFQ) issued by the City in contemplation of this Agreement, together 1.5 CONSULTANT: The "Consultant" is herein defined as MCCUMBER GOLF, INC., a Florida corporation having its principal offices at 7502 Plantation Bay Drive. Jacksonville, Florida, 32244. When the ferm "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 sub-consultants .retained by Consultant pursuant to this Agreement and the Project shall be subject to prior written approval of the City. Consultant shall provide the Project Coordinator with copies of the contract between Consultant and any sub-contractors. Any such contracts 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 sub-consultants. Any approval of asub-consultant by the City shall not, in any way,. shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant, from the Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for- payment of the Basic Services. The quality of services and acceptability to the City of the services performed by such sub-consultants shall be the sole responsibility of Consultant. 5 The following subconsultants are hereby approved by the City for the Project: Civil Engineer/Surveyors: Wantrnan Group, Inc. Irrigation Design: ~ Aquae Turf International, Inc. Environmental Engineering, Geotechnical, Ground water monitoring, Injection Well: - ECS Florida, LLC ' ' Electrical Engineer: Smith Engineering Consultants, Inc 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. 1.8 BASIC SERVICES: "Basic Services" shall include the architectural, landscape architecture, engineering and related professional services relative to the Project, as hereinafter set forth, including: planning, design, bidding/award; and construction administration for the Project, as described in Article 2 herein and in Schedule "A" entitled ".Scope of Services" attached hereto. 1.9 PROJECT: The "Project" shall mean the City Capital Project that has been approved by the City Commission and as described in Schedule "A" attached hereto. 1.9.1 PROJECT COST: The "Project Cost", as established by the .City, shall mean the total cost of -the Project to the City including: Construction Cost, professional compensation, land cost, if any, financing cost, materials testing services, surveys, contingencies and other miscellaneous costs. 1.9.2 PROJECT SCOPE: The' "Project Scope" shall mean the description of the Project contained in Schedule "A" attached hereto. 1.10 CONSTRUCTION COST: The "Construction Cost" for the Project shall mean the sum which is the total cost. or estimated cost to the City of all elements of the Project designed or specified by the Consultant and approved by the City,. including, at current market rates (with a reasonable allowance for overhead and profit), the cost of labor and materials and any equipment which has been designed,: specified, selected or specifically provided for by the Consultant and approved by the City, and. including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) of construction cost-for rehabilitation of historic buildings,.. and not including the compensation of the Consultant and any subconsultants, the 6 - .historic .buildings, and not including the compensation of the Consultant and any subconsultants, the cost of land, rights-of-way, surveys, testing, or other reimbursable expenses. For Work not constructed, the Construction Cosf shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsible bidder or proposer for any and all of such Work. 1.10.1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall. mean an amount budgeted by the City for Construction Cost, as specified in the Project Scope in Schedule "A" attached hereto. 1..10.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost",shall mean a forecast of Construction Cost prepared by the Consultant, as defined in attached Schedule "A", entitled "Scope of Services", for the guidance of the City. For work which bids or proposals have not been let, the Construction Cosf shall be the same as the latest Statement of Probable Construction. Cost. The City shall .have the .right to verify the Statement of Probable Construction Cost or detailed cost estimate by the Consultant. 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human .agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact. on the Project;. other causes beyond the parties' control; or by' any other such causes which the Consultant and the -City decide in writing justify the delay; .provided, however, that market conditions, labor conditions, construction industry ,price trends and similar matters which normally impact on the bidding process shall not be considered a Force Majeure: 1.12 CONTRACTOR /CONTRACTORS: "Contractor" or "Contractors" shall mean those persons or entities responsible for performing the Work, or providing the'. materials, supplies and equipment identified in the Bid and Construction Documents for the Project. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement;. the Agreement between the City and Contractor; Contract for Construction; Conditions of the Contract for Construction (General, Supplementary, and other Conditions); Construction Documents; and addenda issued prior to execution of the Contract -for Construction. A modification is one of-the following: (1) written amendment to this Agreement or the Contract for Construction signed by both parties; (2) an approved Change Order; (3) a Construction Change Directive;. or (4) a written order for a minor change in the Work issued, by the_ Consultant. 7 1.14 CONTRACT FOR CONSTRUCTION: "Contract for~Construction" shall mean a legally binding agreement with Contractors. 1.15 CONSTRUCTION DOCUMENTS: "Construction .Documents" shall mean the final plans, specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.2 and' Schedule "A" attached hereto. 1:16 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written order to the Consultant approved by the City, as specified .in this Agreement, and signed by -the City's duly authorized representative, authorizing a change ~ in the Project or -the method and manner of performance thereof, or an adjustment in~ the fees and/or completion dates, as applicable. Contract - Amendments shall be approved by the City Commission, if they exceed twenty-five thousand dollars {$25,000:00) or the City Manager if they.are twenty-five thousand- dollars ($25,000.00) or less in amount (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended}. 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. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean. those services described in Article 5 herein,. which have been duly authorized. in writing by the City. Manager prior to commencement of .same. 1.18 WORK: "Work" shall mean the work to be performed on the Project by the Contractor, pursuant to the, applicable Documents, .whether completed or partially completed,. and includes labor and - materials, equipment, and services .provided,. or to be provided, by the Contractor to fulfill its " obligations. 1.19 SERVICES: "Services" shall mean the services to be performed on -.the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, and includes other labor and materials, equipment and services provided, or to be provided, by .Consultant to fulfill its obligations herein. 1.20 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant and approved by the City as being within the Construction Cost Budget pursuant to the Statement of Probable Construction Cost provided" by Consultant. "Base Bid" 8 1.21 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 to the Consultant for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional Services, as submitted by the Consultant and approved by the City. Schedule C -Hourly Billing. Rate Schedule: The schedule of Hourly Compensation Rates to the. Consultant as submitted by the Consultant and approved by the City. Schedule D -Project Schedule Schedule E -General Conditions of the Construction Contract Schedule F -Insurance and Sworn Affidavits 1.22 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as described in Schedule "A", together with the Basic Services and. any Additional Services approved by the City, as described in Articles 2 and 5, respectively herein. ARTICLE 2. BASIC SERVICES The Consultant shall provide Basic Services for the Project as set forth hereafter. The Services :for this Project will be performed by the Consultant upon receipt of a written Notice to Proceed issued by the City Manager, or his designee, and Consultant shall countersign the Notice to Proceed. A separate Notice to Proceed shall be required for commencement of each Task, as defined in attached Schedule "A" entitled "Scope of Services". The Consultant's ,Basic Services shall consist of four (5) Tasks (inclusive of design, bidding/award, construction administration, additional services and reimburdables) as described in attached Schedule "A", Scope of Services, and including, without limitation, any and all of consultant's responsibilities and obligations; as set forth in the General Conditions of the Construction Contract (Schedule "E"). The Consultant shall coordinate with sub-consultants -and other consultants, and 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, iric(uding, local ordinances and. codes (City of Miami Beach and Miami-Dade County), Florida Statutes, Administrative rules and regulations including, Federal laws,, rules and regulations and agencies. The Consultant agrees to comply with all such laws, codes, rules, arid regulations now in effect,. and as may be amended or adopted at any time, and shall further 9 .rules, and regulations now in effect, and 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 reasonably be aware. The Consultant shall insert the provisions of all required laws, codes rules and regulations into the Contract Documents. The Consultant expressly agrees that all of its duties, services and responsibilities under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of projects of this nature in South Florida. In addition, Consultant represents that it is .experienced and fully qualified to perform. the Services contemplated by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules and regulations to. perform such Services. Consultant warrants that if shall be responsible for the technical accuracy of its work, including without` limitation the Design Documents contemplated in Section 2.1 .below and the attached Schedule "A". 2.1 PLANNING SERVICES: . Consultant .shall ..prepare Planning services, as noted in attached Schedule "A" (Task 1) entitled - "Planning Services". 2.2 DESIGN SERVICES: Based on the approved Planning documents developed under Section 2.1, Consultant shall prepare Design Documents, as noted in attached Schedule "A", (Task 2) entitled "Design Services" 2.3 BIDDING AND AWARD SERVICES: Consultant. shall provide bidding and award services as noted in attached Schedule "A" (Task 3) entitled "Bidding and Award Services". 2.4 CONSTRUCTION ADMINISTRATION SERVICES: - Consultant shall furnish construction administration services as noted in attached Schedule "A" (Task 4} entitled "Construction Administration Services". - 2.5 ADDITIONAL SERVICES: If required and so approved by the City, Consultant shall provide Additional Services as noted in Article 5 " AdditionalServices". 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by-the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, its employees, subcontractors, agents and ~ consultants for the accuracy and competency of their designs, working drawings, 10 specifications or other documents and services; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working. dr_awings,' specifications or - other documents prepared by the Consultant,. its employees, subcontractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City and its employees. ~ 2,7 TIME: It is understood that time is of the essence in the completion of this .Project, and in this respect the parties agree as follows: 2.7.1 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. -2.7.2 The parties agree that the Consultant's Services during all phases of this Project will be performed in a manner that shall conform with the approved Project Schedule, which is attached to this Agreement as Schedule "D". The Consultant may submit requests for an adjustment to the Project Schedule, made necessary by undue-time taken by the City to approve• the Consultant's submissions, and/or excessive time taken by the City to approve the Services or parts of the Services. The City shall not unreasonably refuse to approve such adjustment(s) to the Project Schedule if the request is made. in a timely manner and is fully justified. 2.7.3 in providing the Services described in this Agreement, the Consultant shall use its. best efforts to maintain, on behalf of the City, a constructive,. professional, cooperative working relationship with the .Contractor(s), and others that have been contracted to perform Services . and/or Work pertaining to the Project. While the Services to be provided by Consultant under this Agreement will be provided under the general direction of the City's Program Coordinator, it is the intent of this Agreement to allow the Consultant to coordinate the performance of all design and construction administration to the extent such coordination by the Consultant is .permitted by the contracts for the design and construction administration. • 2.7.4. It is further the intent of this Agreement that the Consultant shall perform its duties under .this Agreement in a competent, timely and professional manner and that it shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City or others make such performance impossible. ~~ 2.7.5 Whenever, during the term of this Agreement, others are ,required to verify, review, or consider any work .performed by Consultant, including but not limited to the design professionals, Contractors, and other consultants retained by the City, the intent of such requirement .is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies," errors or omissions that are inconsistent with industry standards for design or construction of comparable public projects; or which are inconsistent with applicable laws, codes,. ordinances; and regulations; or which are inconsistent with .standards or decisions provided in writing by the Gity's Project Coordinator. Consultant will-use reasonable care-and skiff in accordance with and consistent with customary professional standards in responding to items identified by others as discrepancies, errors and. omissions. Consultant shall receive comments from reviewers via a set of marked-up drawings and specifications. Consultant shall. address comments forwarded to it iri a timely manner. The term "timely" shall be construed,to mean as soon. as .possible under the. s circumstances, taking into account the requirements of the Project Schedule. . . 2..7.6 The City-shall have the right at any time, and in its sole and absolute discretion, to submit -for review to cohsulting engineers or consulting architects or other consultants, engaged by the City at its own expense for that purpose, any or alf parts of the services performed by the Consultant, and the Consultant shall cooperate fully in such review at the City's request. ' J 2.7.7 Consultant agrees to certify and warrant all estimates of Construction Cost prepared by Consultant. Said certifications, shall be in a form and manner as"approved by the City's Project . Coordinator. ~ ` 2.7.8 Consultant represents to City that all evaluations of the City's Project Budget, Consultant generated Statement of Probable Cohstruction Cost, and detailed estimates represent Consultant's best judgment as a design professional familiar. with the construction industry. Consultant cannot and does not guarantee that bids or negotiated prices will not -vary from any' ' estimate of Construction Cost or evaluation prepared or agreed to by Consultant. 2.7.9 Consultant .,agrees that, when the Services to be provided hereunder relate to 'a professional service which, under Florida Statutes, requires a license, certification of authorization, or other form of legal entitlement to practice such services, it shall employ. and/or retain only qualified personnel to provide such services. 2.7.10 Consultant agrees to employ and designate in writing, within-five (5) calendar days after ' receiving its initial Notice to Proceed, a qualified licensed professional to serve as the Consultant's 12 project manager (herein after referred,.to as "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating -all aspects of Services to be provided and .performed .under this Agreement. The person selected by Consultant to serve as Project Manager shall ~be subject to approval and acceptance by City. Replacement (including reassignment) of said Project Manager shall not be made without the prior written approval of the City. 2.7.11 Consultant agrees, within fourteen (14) calendar days of receipt- of written notice to do such from City, to promptly remove and replace Project Manager, or any other personnel employed or retained by Consultant, or any sub_consultant or subcontractors engaged by Consultant, which request may be made by City with or without stating its cause. 2.7.12 Consultant .herein represents to City that it has expertise in the type of ,professional services that will be performed and pursuant to this Agreement. Consultant agrees that all Services to be provided by Consultant pursuant to this Agreement shall be subject to City's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of .Florida, as well. as in accordance with applicable published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies having jurisdiction over the Project or the Services to be .performed by Consultant hereunder. In the event of .any conflicts in these requirements, Consultant shall notify. City of such conflict and utilize its . best professional judgment to advise City regarding resolution of each. such conflict. 2:7.13 Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without City's prior written consent, or unless incident to the proper performance of Consultant's obligations hereunder, or in the course of judicial or legislative- proceedings where such information has been properly subpoenaed, any non-public information concerning Services to be rendered by Consultant hereunder, and Consultant shall require its employees, agents, sub- consultants and subcontractors to comply with the provisions of this paragraph.- 2.7.14 The City and Consultant acknowledge that the Scope of Services does not delineate every detail and minor work task required to be .performed by Consultant to complete the Project. If, during the course of the performance of the Services contemplated in this Agreement, Consultant determines that work should be .performed to complete the Project. which is, in the Consultant's opinion, outside the level of effort originally anticipated, whether or not the Scope of Services identifies the work items, Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain said Project Coordinator's written consent, before proceeding with the work. 13 The Project Coordinator must comply with .Contract Amendment processing requirements as outlined in Article. 1.16, prior to issuance of any written aut~ orization to proceed with Additional- Services to Consultant. If Consultant proceeds with.. additional Services without notifying. and ~~ - 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 herein, whether or not specifically addressed in the Scope of Services: Notice to the. Project Coordinator does not constitute .authorization or approval. by the City to perform the work. Performance of work by Consultant outside the originally anticipated level of effort. without the prior written consent of the City shall. be at Consultant's sole risk. 2.7.15 Consultant shall establish and maintain files of documents, letters, reports, plans, etc. pertinent to the Project. Consultant shall provide City with a copy of applicable Project correspondence for City to file in its filing system. In .addition, Consultant shall provide electronic Project document files to the City, at the completion of the Project. 2.7.16 It is further the intent of this Agreement that the Consultant ,shall perform its duties under this Agreement in a competent, timely and professional manner and that it shall be responsible to the City .for any failure in its performance except to the extent that acts or omissions by the City or others make such .performance impossible. 2.7.17 In the event Consultant is unable to .timely complete the Project because of delays resulting from untimely review by City or other governmental authorities having jurisdiction over the Project, or such delays which are caused by factors outside the control of Consultant, ' Consultant shall provide City with immediate written notice stating the reason for such delay and a revised' anticipated schedule of completion. City, upon review of Consultant's submittal and such other documentation. as the City may require,. may grant a reasonable extension of time for completion of the Project and may provide reasonable compensation, if appropriate. 2.7.18 The Consultant covenants with the City to: furnish its Services hereunder properly, iri accordance with the standards of its profession and in conformance with applicable construction, building. and health codes and other applicable Federal, State and local rules, regulations and IawS, of which it should reasonably be aware, throughout the term of this Agreement. The City's participation in the design and construction of the Project in no way relieves the Consultant of its professional duties and responsibilities under applicable law and under the Contract Documents 14 2.8 Penalties for Consultant Delays: The Consultant agrees to provide, as part of its Basic Services, a detailed schedule, acceptable to the Project Coordinator, showing the time allocated for each phase of the Services (Project Schedule). A reasonable extension of time for completion of the various phases wilt be granted by the Project Coordinator should there be a delay on the part of the City in fulfilling its .part of the Agreement, as stated herein. Such extension of time shall not be cause for any alarm by Consultant for extra compensation. 2.8.1 Liquidated Damages: The City Manager may impose liquidated damages of $200/per day, for unapproved/unjustifiable time delays (other than City-caused) and/or incomplete submittals. 2.8.2 Notification: Each time any portion of the Project Schedule is not met for unapproved/unjustified time delays (other than City-caused), the user City department shall notify the Capital Improvements Office. 2.8.3 Delay in Performance: If the Consultant is delayed in performing any obligation under this Agreement due to a force majeure, the Consultant shall request a time extension from the Project Coordinator within five (5) business days of said force majeure. Any time . extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless additional services are required, and approved pursuant to Article 5 hereof. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City shall designate. in writing a Project Coordinator to act as the City's representative with respect to the services to be rendered under this Agreement (herein after referred to as Project Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define City policies and decisions with respect to Consultant's Services on this Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance with Article 1.16 requirements, including but not limited to the following: a) The Scope of Services to be provided and performed by Consultant hereunder; b) The time the Consultant is obligated to commence-and complete all such~Services; or is .F 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 that the City has available pertinent to the Project, including previous reports and any other data relative. to desigri or construction of the Project. It shall. be fully understood that City; in making such reports, site information, and documents available to the Consultant is in no way certifying representing and/or warranting as to the accuracy or completeness of such data. Any conclusions or assumptions drawn -through examination thereof shall. be the sole responsibility of the. Consultant and subject to whatever measure it .deems necessary to final verification essential to its performance under this Agreement. .Additional Services required due to inaccurate, incomplete or incorrect information supplied by the City may be undertaken by the Consultant as an Additional Service to this Agreement. Consultant shall notify the Project Coordinator, in writing., in a timely manner and obtain said Project Coordinator's written consent, before .proceeding with the work. If Consultant proceeds with the Additional Services without notifying and 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 herein. 3.3 The City has established a Construction Cost Budget for the Project, in the amount of $3,100,000. 3.4 1n the City's sole discretion, the City may furnish legal, accounting and insurance counseling services as ..may be required at any time for the Project, including such .auditing services as the City. may require to verify the Consultant's applications for .payment or to ascertain that Consultant has properly remitted payment due to sub .consultants or vendors working on this Project for which Consultant has received payment from the City. 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project or non- conformance with the Contract Documents., the City shall give prompt written notice- thereof to the . Consultant. 3.6 The City shall furnish required information and services and render approvals and decisions in writing as reasonably expeditious as necessary for the orderly progress of the Consultant's Services and of he Work. No approvals required by the City during the various phases of the Project shall be :unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submissions of Consultant for any reasonable basis. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct by passage~of an enabling resolution or amendment to this Agreement. 16 3.7.1 The City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement, except when noted otherwise (i.e., where delegated to the City Manager or his designee) in this Agreement. ' 3:7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement. or any interest therein and any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of-the majority of the stock of a corporate Consultant. 3.7.3 All required. City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment to this Agreement. 3.7.4 The City Commission shall hear. appeals from- the administrative decision of the City Manager's appointed designee(s), upon the Consultant's written request, in which case the Commission's decision shall be final - 3.7.5 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars .($25,000.00) (or'other such amount as may be specified by the City of .Miami Beach Procurement Ordinance, as amended). 3.8 The City Manager or his designee(s) shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. These authorizations shall include, without limitation: reviewing,. approving, or otherwise :commenting upon the schedules, plans, reports,. estimates, contracts and other documents submitted to the City by the Consultant. 3.8.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's Services. The City Manager, in his administrative discretion,. may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 3.8.2 The City Manager shall be authorized, but not required, at the request of .the 17 -.- Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided,. however, that the Consultant's compensation or other budgets established by this Agreement cannot be increased 3.8.3 The City Manager, or .his designee, shall be the sole representative of the City authorized to issue a Notice to Proceed, as referenced in Article 2 „and the attached Schedule "A" entitled "Scope of Services". 3.8.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. 3.8..5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The Construction Cost .Budget, as established by the City and stated herein, shall not be exceeded without fully justifiable, extraordinary and .unforeseen circumstances, such as Force Majeure, which is beyond the control of the parties. Any expenditure above this amount shall be 'subject to prior City Commission approval by passage of an enabling resolution and amendments to the appropriate agreements relative to the Project, prior to any modification of the Construction Cost. ' Provided further, however, that even in the event of a Force Majeure, as defined in Article 1.11, the City shall have no obligation to approve an increase in the Construction Cost Budget limitations established herein, and, if such budget is exceeded, the City Commission may,. at its sole option and discretion, terminate this Agreement without any further liability to the City. 4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more than five percent (5%), the City Commission shall, at its sole discretion, have any of the' following options: (1) give written approval. of an increase in .the Construction Cost Budget; (2) reject all bids or proposals, authorize rebidding., or (if permissible). authorize a renegotiation of the Project within a reasonable time; (3) abandon the Project and terminate the Consultant's Services for the Project covered by this Agreement without further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the award within the Construction Cost Budget; or (5) cooperate with the 18 Consultant in..reducing the Project scope, construction schedule, and sequence of Work, as may be required to reduce the Construction Cost Budget. In the event the City elects: to reduce the Project Scope, the Consultant shall provide such revisions to the Construction Documents, and provide r rebidding services, as many times as reasonably requested by the City; as a Basic Service, with no additional. cost to the City, in order to bring the bids within five percent (5%) of the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services for this~Project will only be performed by the Consultant following receipt of a written authorization by the Project Coordinator prior to commencement of same. Such authorization shall contain a description of the Additional Services required; an hourly fee, as provided in Schedule "C" with an "Not to Exceed" amount on additional Reimbursable Expenses. (if any); the amended. Construction Cost Budget (if applicable); and an amended completion date for the Project (if any),."Not to Exceed" shall mean. the maximum cumulative hourly fees allowable, which the Consultant shall not exceed without specific written authorization from the City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services requested by the City and all costs applied to such shall be verifiable through time sheet and. reimbursable expense reviews. 5.2 The term "Additional Services" includes services involving the Consultant or any subconsulfants whether previously retained for the Services or not or whether ,participating as members with Consultant or not, subject to the City's right to previously approve any change in Consultants as set _. forth in this Agreement. 5.3 Additional Services may consist of the following: 5.3.1 ~ Serving as an expert witness in connection with any public hearing,. arbitration proceeding or legal proceeding unless such preparation has arisen from the failure ofi the - Consultant to meet the Standard of Care set forth in Article 2. 5...3.2 Preparing. documents for supplemental Work, initiated at the City's request and outside the scope of the .Work specified in the Construction. Documents, after commencement of the construction phase. 5.3.3 Providing such other professional services to the City relative to the Project which arises from subsequent circumstances and causes (excluding circumstances and causes resulting from error, inadvertence or omission of the Consultant) which do not 19 currently exist or which are not contemplated by the parties at the time. of execution of this Agreement. 5.3.4 Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise, expressly .provided :for herein. ARTICLE 6. REIMBURSABLE EXPENSES 6:1 Reimbursable Expenses are an allowance set aside by the City and are not in addition to the compensation for Basic and Additional Services but include actual expenditures made by the Consultant in the interest of the Project. -The Reimbursable Expenses allowance as specified in .Schedule "B," belongs to the City and must be approved in advance.by the City's Project Coordinator. Unused portions will not be paid to the Consultant. All Reimbursable Expenses pursuant to this Article, in excess of $500, must be authorized in advance in writing by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City, along with supporting. receipts, and other back-up material reasonably. requested by the City, and Consultant shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement". 6.2 .Expenses subject to reimbursement in accordance with the above procedures .may include the following.: - 6.2.1 Expense of reproduction, postage and handling of drawings, specifications and other documents, excluding reproductions for the office use of the Consultant and sub- consultants. Courier and postage between the Consultant and its sub-consultants are not reimbursable. 8.2.2 Expenses for reproduction and the preparation of graphics for community workshops 6.2.3 Expenses for fees for all necessary permits. 20 ARTICLE 7. COMPENSATION FOR SERVICES _. . 7.1 The Consultant shalt be compensated the not to exceed; cost reimbursable fee listed in Schedule ``B" for Basic Services, based on the "Hourly Rate Schedule" presented in Schedule "C". Payments for Basic Services shall be made within thirty (30) working days of receipt and approval of an acceptable invoice by the City Project Coordinator. Payments shall 'be made in proportion to the -Services , satisfactorily performed in each .Phase so that the payments for Basic Services for each .Phase shall not exceed the progress percentage noted in the Consultant's Progress Schedule, submitted with each. invoice. No markup shall be allowed on subcontracted Basic Services.. The City and the Consultant agree that the Consultant's fee will be $294,500 for the provision of Basic Services as described in the Agreement and Schedule "A" attached hereto, with a reimbursable expense. allowance of $92,600, as detailed in Schedule "B. 7.2 -Additional Services authorized in accordance with Article 5 will be compensated using the hourly rates forth in Schedule "C". Request for payment of Additional Services shall be included with the monthly .Basic Services payment request noted in Article 7.1 above. All Additional Services must be approved by the Project Coordinator; ' in writing, prior to commencement of same, as noted in Article 5. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B be exceeded without prior written approval from the City Project Coordinator. No markup shall be allowed on subcontracted Additional Services. 7.3 Reimbursable Expenses, as defined in Article 6, shalt be paid up to the ``Not to Exceed" amount - noted in Schedule "B" (approved at $92,600). Request for payment of Reimbursable Expenses shall be included with the monthly Basic Services payment request noted in Article 7. Proper backup must ", be submitted with all reimbursable requests. No .markup or administrative charges shall be allowed on Reimbursable Expenses. 7.4 The City and the Consultant agree that: ' 7.4.1 If the scope of the Project or the Consultant's Services is changed. substantially and materially, the amount of compensation may be equitably adjusted by mutual agreement of the parties. . 7.5 No Retainage shall be made from the Consultant's compensation on account of sums withheld from payments to Contractors. 21 - 7.6 Method of Billing and Payment. With respect to all Services, Consultant shall submit billings on a monthly basis in a timely manner. These billings shalt identify the nature of the work performed; the total. hours of work performed by employee category and the respective hourly billing rate associated with the employee category from the Hourly Rate Schedule. In the event sub-consultant work is "accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings ..shall also itemize and summarize Reimbursable Expenses by category. Where written approval of the City is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such Reimbursable. When, requested, Consultant shall provide backup for past and current invoices that records hours for all Services by employee category and reimbursable by category. ..7.7.1 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 RECORDS 8.1 Consultant shall keep such records and accounts and require any and all Consultant and sub- consultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project, .anal any expenses for which Consultant expects to be reimbursed. All books- and records relative to the Project will be available at afi reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all. work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records shall, pursuant to Chapter 119,. Florida Statutes,. be kept by Consultant in accordance with such statutes. ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 9.1 Electronic files of all documents, including, but not limited to, tracings, drawings, estimates, 22 specifications, investigations and studies .completed or partially completed, shall become the property of the City upon completion, termination, or abandonment of the Project. Consultant shall deliver the ,above documents to the City within thirty (30) days of completion of the Project, or termination of this Agreement, or termination or abandonment of the Project. (Reference attached Schedule "A", entitled `,`Scope of Services" for additional requirements). 9.2 Any re-use of documents by City without written verification or adaptation by Consultant for the specific purpose intended will be without liability to Consultant. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 Termination For Lack Of Funds.. The City is a goverrimental entity and is subject to the appropriation ofi 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 for the Project, the Project may be abandoned or terminated, and the City may cancel this Agreement as provided for. herein without further liability to the City. 10.2 Termination For Cause. The City may terminate this Agreement for cause in the event that the Consultant (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, upon written notice to the Consultant. In the case of termination by the City for cause, the Consultant shall be first granted a thirty (30) day cure period after receipt of written notice from .the City: .10.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant(s) or otherwise. In such event, the Consultant shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete Services, and the cost of completion of such Services which' would have resulted from payments to the Consultant hereunder had the Agreement not been terminated. 10.2.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination, shall be made in accordance with Article 7 herein and. the City shall have no further liability for compensation, expenses or-fees to the- Consultant, except as set forth in Article 7. 23 10.2.3 Upon. receipt of a written Notice. of Termination, the Consultant shall promptly .assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 10.2.4 In the event of a termination for cause, no payments to-the Consultant shall be made (1) for Services not satisfactorily .performed and (2) for assembly of submittal of documents, as provided above. 10:3 Termination For Convenience. The. City, in addition to 'the rights and options to Terminate for F Cause, as set forth herein, or any other provisions set forth in this Agreement, retains the right to terminate this .Agreement, at its sole option, at any time, for convenience, without cause and without penalty, when .in its sole discretion it deems such termination is in the best interest of the City, upon notice to Consultant, in writing., fourteen (14) days prior to termination. In the event City terminates Consultant's services for its convenience, as provided herein, Consultant shall be compensated for all Services rendered up to the time of receipt of said written termination notice, and for the assembly and submittal to the City of documents for the Services performed, in accordance with Article 7 herein, and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 7. 10.4 Termination. By Consultant. The Consultant may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment for the .Services, upon written. notice to the City, thirty (30) days prior to termination. In that event, payment for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination shall be made in accordance with Article 7 herein. In the case of termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt of written notice from the Consultant. 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 10.5 ~lmplementation 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 under this Agreement on the date and to the extent specified in the Notice of Termination; .(2) place no further orders or subcontracts except for any that may be authorized, in writing, by the 24 -. Project Coordinator, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as .provided herein, all documents for the Services .performed, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been . terminated by the Notice Of Termination, and as specifically set forth therein. 10.6 Non Solicitation. The Consultant warrants that it has not employed or retained any company or .person, other than an employee working solely for the Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the Consultant for any reason whatsoever. ARTICLE 11. INSURANCE 11.1 'The Consultant shall comply throughout the term of this Agreement with the ..insurance requirements stipulated herein. It is agreed by the parties that the Consultaht shall not commence with work on .this Project until satisfactory proof of the following insurance coverage has been furnished to the City. The Consultant wilt maintain in effect the following insurance coverage: (a) Professional Liability Insurance in the amount of One Million ($1,000,000.00) Dollars per occurrence, with a maximum deductible of $1'50,000 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 must be named as an additional insured on this policy. (c) Worker's compensation and employer's liability coverage within the statutory limits of the State of Florida. 11..2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial - modifications in the insurance coverage, to the Project Coordinator. ?s 1.1.3 The insurance .must be furnished by an .insurance company rated B+:VI or better, or its equivaleht, according to Bests' Guide Rating Book and must additionally be furnished by insurance companies duly authorized to do business in the State of Florida and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance policies required above. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that the City shall be given thirty {30) days notice prior to expiration or cancellation of the policy. .ARTICLE 12. INDEMNIFICATION 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. 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 rejecfiing 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. 26 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. ARTICLE 14. LIMITATION OF LIABILITY ~~ 14.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on - City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement; so that its liability for any such breach never exceeds the amount of the fees for Services agreed upon under the terms of the Agreement, less any amount(s) .paid to Consultant thereunder. Consultant hereby expresses its, willingness to enter into this Agreement with Consultant's recovery from -the City for any damage action for breach of contract to be limited to a maximum amount of the fee for Services agreed upon under the terms .of the Agreement, less the amount of all funds actually paid by the City to the Consultant Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement in an amount in excess of the amount of fee under any this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant for any action or claim for breach of contract arising out of the, performance or non-performance of any obligations 27 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. ARTICLE 15. NOTICE All written notices given to City by Consultant shall be addressed to: City Manager's Office- c/o 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 City of Miami Beach ~ . -1700 Convention Center Drive - .Miami Beach, Florida 33139 . Attn: Humberto Cabanas All written notices given to the Consultant from the City shall be addressed to: - . ~ James L. McCumber McCumber Golf, Inc. 7502 Plantation Bay Drive. .Jacksonville, Florida, 32244 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, . 28 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.. The laws of the State of Florida shall govern this Agreement. 16.2 Eaual 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. This provision sha!! include, but not be limited to, .the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or compensation; and selection for training, including apprenticeships..: Consultant agrees to furnish City with a copy of its Affirmative Action Policy. 16.3 Public Entity Crimes Act: fn 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 fora public entity crime may not submit a bid on a contract to provide any goods or services fo the City, may not submit.a bid on a contract with the City for the construction or repair of a public building or public work, may not.bids or leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a :' contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this.Section by Consultant shall result in cancellation and may result in Consultants debarment: 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 hasnot paid or agreed to pay any person, company, corporation, individual-or firm ,other than a bona fide employee working solely for Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 29 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 I 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. 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 30 c .its sub-consultants. Compliance with..this subsection shall. not be construed to relieve the Consultant ~. frorim 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 Florida 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 defiried 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, 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.' 31 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. 1.6.12.3 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 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. 32 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 OF MIAMI BEACH ~. v' CITY CLERK ~f I r?(; -MAYOR .., 1 '; _ CONSULTANT . Attest M~1~1~1P~~12. ~~~1.~. ~~C. -, ignature/Secretary Si ature/President Print Name Print Name APPROVED AS TO FORM & LANGUAGE ~ FOt~ ELUTION ~ ~~ <<o ' y At me Date S~.:~ ~f gad 1.~~~~~~~E~al-~~.us ~I~~f.~l~lt~3 N~'c1~a~ ir'S"iEr .'~' ~,~.f~ ~3tt ~~ ~~ L t ~~~ ~1~~. ~~,.~ ~~ 33 SCHEDULE A SCOPE OF SERVICES. 34 Schedule A City of Miami Beach Par 3- Golf Course A/E Scope of Work SCOPE OF SERVICES At the October 14, 2009 Commission Meeting it was determined the best option would be the hybrid park option, with natural grass, 6 tennis courts and a children's water splash pad (interactive fountain) to be located at the most appropriate location, a 9 hole golf course, cart paths, landscaping, irrigation, public restrooms facilities, jogging trail around the perimeter tot Lot, a grove of flowering/fruit tree park, a lake that will serve as drainage irrigation and for fill. functions. The consultant must also address the parking impact and parking needs for the entire facility. There must also be a construction sequencing restrictions into its contract documents to minimize impacts on residents, yet .result in a reasonable and constructible project. The CONSULTANT shall verify ! update the. information presented as existing conditions in the Existing Plans to .the extent necessary to ensure that the proposed improvements do not negatively impact existing /proposed facilities. the design .must-also be in compliance with ADA requirements; -protected and coordinated with proposed work; and proposed improvements are not in conflict with existing conditions and proposed improvements as -described below and not limited to: Conceptual Design. I. Site Analysis & Preliminary Master Planning (1) Thorough review of the property with City staff and consultants to identify specific needs, goals .and objectives. This would include as-built research to identify any constraints on the project site. (2) Create a preliminary master plan. the course that would be presented to the City staff for review and comments. (a) This plan will address the proposed location of all the major components of each golf hole including tees, greens, fairways, lakes and bunkers along with other additional amenities and program items including tennis courts, splash pad, tree grove, jogging trail and tot lot. (b) We would also review the parking impacts to the site that these improvements would make and make recommendations as to the parking needs for the entire facility. - (c) Preliminary planning will include a written narrative discussing the improvements and a report detailing the condition of all support infrastructure including the irrigation and' pump station, drainage structures, and cart paths. This report would also establish preliminary cost estimates to guide the project scope and keep'the project within budget. - (3) Create a final master plan based upon the feedback received from the preliminary master planning. The Final Master Plan will be created that will serve as the basis for the improvements to the facility. (4) Engineer will conduct pre-application- meeting with the permitting agencies and co-consultants. Page 1 of 21 Par 3 -Design Documents ~ - . (1) Once the city has accepted fhe Master Plan and finalized the scope of work we will begin work on the Phase 1, II, and Ill construction - documents. (Z) This package will include all construction drawings for the golf course and other amenities, technical specifications for the work and all standard City of Miami Beach procurement documents for public bid including but not limited to General Conditions and sample contract between Owner and Contractor. (3) 'Specific items to be completed include: (a) 9-hole par 3 course (b) Tennis courts (c) Jogging trail ~ ~ - (d) .Tot lot (e) Children's splash pad (fl Restroom facility . _ (g} Parking lot (h) Tree Grove/Landscaping (i}• Lake & Drainage Design. (j) Lighting Design (k) Irrigation Design • - ~ (I) Any other plans necessary for permits (4) Cost estimates will be prepared for each milestone of the Construction ;- Documents (30%, 60%, 90% and' 100%) (5) At the 60% construction milestone, the engineer will submit the formal permit applications to the appropriate agencies ~• -Bid Award (1) Assist in advertisement of bid (2) Hold a mahdatory pre-bid meeting for all interested. contractors to review the project and provide an open forum for questions. (3) Assist with distribution of bid documents (4) Respond to questions from bidders and issue any appropriate addenda. (5) Work with the city to select the most responsible bidder after bid opening. We will-work with the city as needed until the contract is awarded and signed. - Construction Management Services (1) Overseeing the work .of contractor and presiding over regular construction meetings to address questions and issues that arise as well as reviewing - the work as it related to the budget and schedule. (2) Review monthly payment application requests from the contractor. (3) The architect/project manager will maintain constant communication with the city officials to keep them informed of the construction progress and any issues that may arise during the construction. (4) The architect/project manager will maintain job site construction meeting agendas and minutes of regular construction meetings. Page 2 of 21 - Par 3 (5) Review and approve all shop drawings, respond to RFI"s, review submittal logs, .and review and. approve change orders. (6) Complete project close out process to include review of final as-builts, preparation of final as-builts in AutoCAD format, review of warranty and operating and maintenance manuals, and final permit close out documentation, TASK 1 -DESIGN SERVICES The purpose of this Task is to establish requirements-for the preparation of Construction Documents for the Project. .Task 1.1 requires that CONSULTANT perform a variety of forensic tasks to verify, to the extent practicable, existing conditions and the accuracy of base maps to be used for development of the contract drawings. These tasksinclude, but may not be limited to, upgrade existing survey data, underground utility verification and coordination .with proposed design improvements, inclusive of drawings, specifications .and. front-end documents and' cost estimates. Presentation formats for Review Submittals shall be prepared at the30%, 60%, 90% and 100% design completion stage. Contract documents shall be subject to constructability and value engineering reviews to be performed by. others. The 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. The CONSULTANT shall attend and participate in a community design review meeting and apre-construction kick-off meeting to review the design with the residents. The Firm shall also be responsible for reviewing. and securing regulatory approvals of its contract - documents from all jurisdictional permitting agencies and boards prior to finalization. To facilitate the implementation of a Public Information Program, the selected Firm shall provide electronic files of alf project documents as directed by the City. Task 1.2 discusses requirements for the preparation of contract documents,. inclusive of drawings, specifications and front-end documents. Task 1.3 establishes requirements with regard to constructability and value engineering reviews to be performed by others. . Task 1.4 establishes requirements for the preparation of opinions of total probable cost by the CONSULTANT. Task 1.5 specifies requirements for review of contract documents . with jurisdictional permitting agencies prior to finalization. Task 1.6establishes .requirements for developing final (100%) contract .documents. To facilitate .the Page 3 of 21 Par 3 implementation of a Public Information Program, CONSULTANT shall provide electronic files of .all Project documents, as requested by City. CONSULTANT shall .provide the electronic files for the front end documents, technical specifications, and construction drawings. Task 1.1 -Field Verification of Existing Conditions: The City, in order to expedite the design phase of -this Project has contracted, through the consultant, a Certified Land Surveyor in the State of Florida and shall meet the minimum technical standards identified in Chapter 61G17-6, FAC., to produce a Boundary Survey and Site Specific., Topographic Survey showing elevations within 50 feet of all existing structures located on the Par 3 Golf Course. This survey will be provided in an electronic .format to the CONSULTANT so that the design phase can commence as soon as this Agreement is executed. . The CONSULTANT shall be responsible to supplement the survey procured by the surveyor with the following information but not limited to: .CONSULTANT shall locate and identify all the existing surface .improvements / topographic features that are visible within the .project site, such as the following but not limited to: - Existing valve boxes, water /electrical meter boxes, electrical pull boxes, telephone /cable risers, fences, hydrants, etc. - Above ground and underground utilities, invert elevations of accessible underground utilities, wood /concrete utility poles, culverts, guardrails, pavement limits, headwalls, end walls, manholes, vaults, mailboxes, driveways, side streets, trees and types, landscaping, traffic signage and any other noted improvements. Survey shall identify fence material / height, landscaping plant materials and driveway construction ' materials. Landscaping materials with a trunk diameter greater than 6 - inches in diameter shall be identified. - All buildings including overall dimensions and finished floor elevations within the subject property. • Survey limits shall include the entire project site and an additionab overlap to . encompass all adjoining .areas/ Right of ways, potentially impacted by the project. Page 4 of 21 Par a • Topographic survey /base map shall be prepared in AutoCAD version 14.0 ' and submitted on a CD with one copy on 24-inch by 36-inch .bond paper to the City. CAD mapping shall be performed to a scale of 1:1 in the World Coordinate System. Text size shall be 100 leroy for a final product 'at 1=20 units. • Indicate .geometry of perimeter private property plats (inclusive of fences, landscaping and driveways). Upon completion of the survey, CONSULTANT shall forward the same to the following agencies with a request to mark /identify their- .respective utilities on the survey base, map. CONSULTANT shall coordinate this effort with each agency in an effort to identify -the location of all underground utilities. CONSULTANT shall incorporate utility owner markups /edits into its survey base map file.. CONSULTANT shall contact-the following entities and request that they each verify locations of their existing improvements in the affected areas: • Florida .Power and Light • BellSouth Charter Communications and local Cable ' City WIFI communications Natural Gas Utility • Miami-Dade Public Works Department • Miami-.Dade Water and Sewer Authority • Others as deemed necessary. .The CONSULTANT shall become familiar with, the Project sites through. frequent site visits, research, and examination of any record drawings, as applicable, and shall notify the City of any field, onsite, or off-site conditions not shown or incorrectly shown on record. drawings, as may have been reasonably discovered. At the CONSULTANT's request, the City will facilitate the CONSULTANT's access to the Project site(s) and or . facilities for investigative purposes. Frequent site visits and meetings shall continue through all design phases of this Agreement until the Consultant is thoroughly familiar ' with the existing conditions, any problem areas, and /or existing hazardous conditions or Page S of 21 Par 3 materials. These site visits are part of the CONSULTANT's Basic .Services, are considered .due diligence, and the CONSULTANT shall receive no additional - ~ compensation for such design -phase site visits and meetings. Provided that the CONSULTANT has conducted a good faith investigation, the CONSULTANT .and CONSULTANT's sub-consultants shall not be responsible. or held liable for undiscovered hazardous conditions or materials. Based on the collected data, CONSULTANT shall develop detailed design site plans for the Project. The site plans shall include an overall key map and partial plans scaled at 1- inch equals 20 feet. CONSULTANT shall illustrate proposed improvements on the site plans based on available planning documents and survey provided. CONSULTANT shall prepare final site plans based on the information gathered herein. Copies of base maps shall be distributed to City. Deliverables: • PerForm forensic work as noted to develop final base maps. Deliver five (5) sets of site plans to City. Schedule: • .See Exhibit D. Task 1.2 -Detailed Design: CONSULTANT .shall prepare detailed design documents consisting of architectural ' structural, civil, mechanical, electrical,~landscaping and irrigation and specialties design drawings, as applicable. CONSULTANT shall use City standard details as provided by City, and as deemed appropriate by CONSULTANT. CONSULTANT shall supplement . design documents with its own additional details, as it deems necessary, to provide City. with a complete work product. All drawings shall be prepared using AutoCAD Version 14 software with a layering system as approved by City. The CONSULTANT shall provide technical specifications for. the Project and they shall be prepared in conformance with Construction Specifications Institute (CSI) format. City shall furnish CONSULTANT with standard City specification outlines for Division 1. CONSULTANT shall refrain from ameriding FDOT standard specifications and including same iri .the detail design documents. Any supplier listings required by specifications Page 6 of 21 Par 3 . ~ .shalt include a minimum of two named suppliers. City standard specifications shall ~be provided to 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 City. CONSULTANT shall. edit accordingly to result in a Project specific document Any changes /modifications to the General and Supplemental Conditions shall be subject to review and acceptance by City. CONSULTANT shall attend progress meetings with City, Planning and Parks and Recreation.. staff during the design task. CONSULTANT shall, prepare and maintain a design progress schedule in Microsoft Project Planner: CONSULTANT shall update the schedule and review Project status at each progress meeting. Should City determine that the CONSULTANT has fallen behind schedule, CONSULTANT shall provide a recovery schedule that will accelerate work to get back on schedule. 'For purposes of this Scope of Services, the following will be considered the minimum effort to be provided by CONSULTANT for establishing the detail design milestones: • 30% design completion shall consist of the completed survey /base map work as identified in Task 2.1 with the proposed improvements identified in plan view at a :scale of 1-inch equals 20 feet. A key map shall also be provided which illustrates the relationship .between the drawings and ..its. respective location within the neighborhood., An outline .identifying the anticipated technical specifications to be incorporated into the work shalt also be submitted. CONSULTANT shall provide- its "Budget" level opinion of probable cost, as defined by the American Association of Cost Engineers with the submittal • 60% design completion shall consist of the plan and profile view of all improvements, applicable sections and construction details. Prior to the preparation of the 60% design drawings the CONSULTANT shall incorporate changes to its design based upon its underground utility verification efforts. Plan and profile sheets shall be provided for water and sewer improvements. CONSULTANT shall include the technical specifications and a draft schedule Page 7 of 21 Par 3 of prices bid (bid form) identifying, the ..items to be bid by the prospective contractors with the submittal. CONSULTANT shall provide its "Budget" level opinion of probable cost, as defined by the American Association of Cost Engineers with the submittal. The Consultant shall submit the 60% design to the DRB and/ or the Planning. Department for review and comments. Said comments from the DRB and/ or the Planning Department shall be incorporated -into the 100% design submittal • 100% design completion shall consist of the entire Construction Document set including the front end documents (General and Supplemental Conditions), technical specifications and construction drawings for- all the . work proposed to be completed. CONSULTANT shall provide the detailed construction sequencing restrictions for the City's review. CONSULTANT shall. provide its "Definitive" level- opinion of probable cost, as defined by the American Association of Cost Engineers with the submittal Deliverables: • Furnish sets of design- documents as requested by the City pursuant to Article Six(6) of the Agreement. • Prepare and update Project Schedule, on a monthly basis. Attend progress meetings with City, DRB and/ or the Planning Department and CMR firm. Scheduler • See Exhibit D. • Note: The above 30%, 60%, and 100% design ~- documents completions shown in calendar days . are contingent upon City's reviews occurring within the time frame allowed for final completions of each task. Task 1.2.1 - Geotechnical Evaluation See Task 5.4. Page 8 of 21 Par 3 Task 1.3 -Design / Constructability Review: To verify that all .Design Review meeting comments have been incorporated and design standards have been followed, City and Consultant shall perform reviews of all Project design documents at the preliminary (30`percent completion), intermediate (60 percent completion) and near final (90-100 .percent completion) design stages. The purpose- of these reviews shall be to verify that the documents are consistent with the design intent. The-City and,Consultant shall also review CONSULTANT's prepared cost estimates for the Project at the 30, 60 and 100 .percent submittal stages. Sets of construction drawings and specifications shall be submitted to the City and to the CM at the 30 percent design level completion and at the 60 and 100-percent design level completion. The number of sets are to be determined at a later date and pursuant to Article 6 of the Agreement. These documents will be furnished as bound 8-1/2-inch by. 11-inch specifications, full sets will consist of 24-inch by 36-inch blue line drawings,. or 11" X 17" drawing(s) as requested by the City. City and Consultant and applicable City departments shall. perform reviews on these documents and provide written comments' (in the form of - markups of submitted documents) back to CONSULTANT within the timeframes specified in Schedule D of this Agreement. Following receipt of comments, a meeting shall be scheduled between City, CONSULTANT to discuss the requirements, intent and review of comments..CONSULTANT shall prepare a written memorandum to "address . - how each comment was resolved and incorporated. to the sets. Such written response shall be prepared and submitted to City for acceptance,. within 7 calendar days after the • review session.- CONSULTANT shalt revise documents to include review comments accordingly. In addition, City and Consultant shall perform constructability reviews of the' design .documents relative. to value, construction sequencing and schedule and bid format. The constructability reviews shall be based upon the 60 and 90-100 percent design submittals received from the CONSULTANT and shall be conducted concurrently with the 60 and 90=100 percent design reviews. Meetings shall be held with CONSULTANT and City representatives to discuss review comments,. as required. A detailed review of CONSULTANT's proposed construction sequencing restrictions ,will be performed by City at the 30-60-100-percent completion stages..The CONSULTANT shall note that the City review of the Construction Documents does not relieve CONSULTANT from its responsibility to the City with regard to the quality of its contract documents. Page 9 of 21' Par 3 Deliverables: • Furnish sets of design documents as .requested by the City pursuant to Article 6 of the Agreement. Attend meetings with. City to review and. discuss design, constructability and value comments. • Prepare written responses to comments made during review sessions. Schedule: • Complete concurrently with Design schedule.. Task 1.4 -Cost Opinions: CONSULTANT shall prepare. opinions of probable construction. costs for each design sufjmittal (30, 60) as well as the final (90 -100 percent) completion stage. The accuracy of the cost estimate associated with the 30 and 60 percent completion .stage shall be . +30% to -15% `Budget" Level as defined by the American Association of Cost Engineers. The accuracy of the .cost estimate associated with the 90-100 percent completion stage shall be a +15% to -5% "Definitive" Level Estimate as defined by the American Association of Cost Engineers. All estimates shall be submitted in Microsoft ".Excel" format in accordance with the template approved by City. All estimates shall be furnished bound in 8-1/2-inch by 11-inch size. Based upon CONSUtTANT's cost estimate,. City shall advise CONSULTANT if portions of the Project need to be deleted, phased and/or bid as alternate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise documents to reflect such issues accordingly. In addition, the Consultant shall advise the City immediately when the Project cost estimate exceeds- the budget established by the City. Deliverables: • Prepare opinions of probable costs at the 30, 60, and 90-100 percent completion stages. • Attend meetings with City to review and discuss cost estimates. Page 10 of 21 Par 3 Schedule: • Complete concurrently with Design schedule. Task 1.5 -Community Design Review Meeting CONSULTANT shalt attend and participate in community design review meetings to review the design progress and concept at 60% design completion status. The. City will schedule, find location for,. and notify residents of said meeting. CONSULTANT. shall prepare draft meeting minutes and forward them to City,. who shalt review, provide comments and distribute, accordingly. CONSULTANT base fee proposal shall include participation and attendance of said meetings. Task 1.6 -Document Revisions Based upon the input provided by the residents, CONSULTANT shall incorporate the necessary contract document as approved by the City. Task 1.7 -Permitting Reviews: CONSULTANT shall prepare applications and such documents and design data as may. be required fo procure approvals from all such governmental authorities that have jurisdiction over Project. City shall pay all permit fees. CONSULTANT shall .participate in meetings, submissions, resubmissions -and .negotiations with such authorities. CONSULTANT shall respond. to comments by such authorities through City within 10 calendar days of receipt of comments unless a different time is agreed to by City. It is the intent of this Scope of Services that CONSULTANT shall be the responsible party for formally transmitting and receiving permits to and from the respective authorities. City . shall track and monitor progress on the preparation and .review of permits and subsequent requests for information. it is recognized by City that the time period for obtaining permits is beyond the control of CONSULTANT except for issues concerning .the permitability of the design and CONSULTANT's ability to respond to permitting agency requests for information.. It is the CONSULTANT's responsibility to determine and coordinate with the all agencies which have jurisdiction over the Project. The following governmental authorities that have or may have jurisdiction over Project have been identified, this list is not all inclusive: Page 11 of 21 Par 3 • Miami Dade Water and Sewer Authority - e South Florida Water Management District • Miami-Dade Department of Health . Florida Department of Environmental Protection " • Miami-Dade Department of Environmental Resource Management • .City of Miami Beach Building Department • Department of Environmental Protection " • City of Miami Beach, Public. Works Department • City of Miami Beach Planning Department. •' City of -Miami Beach Fire Department • City of Miami Beach Parks and Recreatioh • City of Miami Beach Police Department " Failure to identify governmental authorities that have jurisdiction over Project at the time . of permitting .scope preparation does not relieve CONSULTANT from responsibility to pursue the permit as described above. Deliverables: ~" • Correspond with jurisdictional authorities to establish permitting requirements. " Revise documents and respond to permitting inquiries as required. • Attend meetings with City to review and discuss permitting status. " Schedule:. Complete concurrently with the design schedule. TASK 2 =BIDDING AND AWARD SERVICES Task 2.1 -Construction Contract Document Review ~- The CONSULTANT shalt assist the City in the bidding and award of the construction contract, and advise and evaluate 'bids. Page 12 of 21 " ' -Par 3 City shall transmit permit .approved contract documents prepared by the CONSULTANT to the City's Risk Management and Procurement Departments .for verification of appropriate insurance and bonding capacity requirements for each Project prior to bid. Various departments within City (Risk Management, Procurement and the City ,Attorney's Office) have non-technical review responsibility for the Construction Contract Documents. CONSULTANT shall assist City in this process by providing three copies of Construction Documents, participating ~ in .meetings,. submissions, resubmissions and discussions with these departments. CONSULTANT shall respond to City comments within ten calendar, days of receipt of comments unless a different time schedule is agreed to by City. CONSULTANT's compensation includes meeting with these departments as requested by the City's Representative. Task 2.2 -Subcontract. Bid Document Delivery CONSULTANT shall provide City with reproducible, camera ready, sets of permit approved Construction Documents. Task 2.3 -Pre-Bid Conference The CM shall conduct one or more pre-bid conferences. CONSULTANT shall attend the pre-bid conference and bid opening for each phase of this Project and review, and advise the City accordingly. Task 2.4 -Addenda Issuance CONSULTANT shall provide, through City, timely responses to the inquiries of prospective bidders by preparing written addenda. Format for addenda shall be as provided to CONSULTANT by City. These queries and .responses shall be documented and a record of each shall be transmitted to City on a same day basis. CONSULTANT shall prepare and distribute necessary addenda as approved by City. Task 2.5 -Subcontract Bidding and Evaluation CONSULTANT shall coordinate the process for evaluation, review and acceptance of ,the bidding. ,The Consultant shalt be present with the City when the bids are opened and shall be evaluated by the CONSULTANT who shall make a recommendation to the City regarding the acceptance and award of bids to qualified responsive and responsible contractors. Page 13 of 21 Par 3 CONSULTANT shall evaluate the bids for completeness, full responsiveness and price, .including alternative. prices and unit prices, and shall make a formal recommendation to City with regard to the award of contract. Non-technical, bid requirements shall be evaluated by others. . ` This Scope of Services includes no allowance for CONSULTANT's time to assist City iri the event of a' bid protest. ~To the proportionate extent CONSULTANT's services are required in the event of a bid protest, due to a .direct action, or lack thereof by CONSULTANT, CONSULTANT shall participate in such activities at no additional cost to City. Task 2.6 - Construction Contract Award CONSULTANT shall provide .sets of .construction contract documents for execution by City within five calendar days of request by City pursuant to Article 6 of the Agreement. Task 2.7 - As-Bid Contract Documents CONSULTANT shall prepare As-Bid construction contract documents, which incorporate the following items: - • 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 Documents to include modifications / revisions .incorporated via contract addenda. CONSULTANT shall prepare As-Bid Construction .Documents and reproduce sets as requested, for distribution to City within .ten (10} calendar days after the. City Commission approval /contract execution. Deliverables: • .Attend and participate in Pre-bid conferences and bid openings. • Respond to questions from prospective bidders and prepare Addenda for distribution by others with in five (5) calendar days from initial date of question. • .Prepare recommendation of award letter. Page 14 of 21 Par 3 • Prepare As-Bid contract documents, reproduce sets and forward to City.. Schedule: • See Schedule Exhibit D. .TASK 3 -CONSTRUCTION ADMINISTRATION SERVICES The CONSULTANT shall perform the following tasks associated with office administration activities related to the construction of the Project. These tasks shall be . performed during the duration of the construction Project. CONSULTANT's compensation is based upon a construction period of (10) calendar months. Task 3.1'- Pre-Construction Conferences: ` CONSULTANT shall attend a pre-construction conference for .the Project. The CONSULTANT shall be responsible for preparation and distribution of meeting minutes to all attendees and other appropriate parties. City shall issue a Limited'. Notice to Proceed at the Pre-Construction Conference. A final Notice to Proceed shall be issued upon, receipt of a final schedule arid procurement of all applicable construction permits from the Contractor. , Deliverables: Attend and participate in pre-construction conferences. Schedule: • As scheduled by City after receipt of Task 3 .Construction Administration Notice to Proceed. Task 3.2 - Bi-Weekly Construction Meetings: CONSULTANT shall .attend bi-weekly meetings with. the Contractor,. City and applicable City representatives on 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. In addition, the CONSULTANT shall review the Contractor furnished two-week look ahead work schedule to allow for proper coordination of necessary work efforts. These meetings shall also serve as a forum for discussion of construction issues, potential changes / conflicts and any other applicable matters. The CONSULTANT shall be responsible for the. preparation and distribution of meeting minutes to all attendees and other appropriate parties within four (4) working days after the progress meeting. Page 1'S of 21 Par 3 Deliverables: • Attend and participate in bi-weekly progress meetings with Contractor and prepare bi-weekly meeting minutes and distribute. Schedule: e Bi-weekly throughout the Project duration. Task 3.3 -Requests for (RFIs): The CONSULTANT will receive, log and process alf RfL's. The CONSULTANT shall - distribute and update the RFI log at each progress meeting. The CONSULTANT shall prepare a response in seven (7) calendar days and return it to City. Deliverables: • Respond to all RFI's and return to Contractor and City's office. Prepare RFI log and distribute at the bi-weekly progress meetings. . Scheduler • Ongoing throughout Project construction duration. ` Task 3.4 -Requests for Changes to Construction Cost and/or Schedule: The CONSULTANT will receive, log and evaluate alf requests for Project cost .and/or schedule changes from the Contractor and report such to the City at the bi-weekly progress .meetings at 'a minimum. The CONSULTANT shall distribute and update the Change Order log at each progress meeting. Changes may' be the result of unforeseen conditions or interferences identified by the Contractor during the routine progress of .work, inadvertent omissions (betterment} issues in the contract documents, or additional improvements requested by the City or CONSULTANT after approval. of the Bid and/or Amendment(s) by the City Commission. Regardless of the source, CONSULTANT will evaluate the merit of the claim as well as the impact of ,the potential change in terms of . .Project cost and the schedule: CONSULTANT will review claims and / or change order requests and provide a detailed recommendation of said review to the City: No claims assistance services are included under this task: Deliverables: • Perform independent review of request for cost increase and/or time extension. • Coordinate and participate in meetings, as required,. with .City and Contractor to resolve and/or negotiate the equitable resolution of request: _ Page 16 of 21 Par 3 a • Prepare and execute change order documentation. • Prepare and update change order log and distribute at the bi-weekly progress meetings. Schedule: • Ongoing throughout Project construction duration. Task 3.5 -Processing of Shop Drawings:. The CONSULTANT will receive, log and distribute shop drawings to its Sub-Consultant's for its review. CONSULTANT shall .have 14 calendar days from the time of receipt in its - office,. to review and return shop drawings to Contractor and City's office. Deliverables:- - Review Shop Drawings and return them to City's office. Schedule: - Prepare and update change order log and distribute at the bi-weekly progress meetings. • On going throughout Project construction duration. Task 3.6 -Field Observation Services: - The. City will provide field staff to observe the construction. of the work. The CONSULTANT shall provide specialty site visits by various design disciplines (civil, structural, mechanical, plumbing, electrical, .and landscaping) on an as requested basis. 'For the purposes of this Scope of .Services,. it is assumed that specialty site visits are included in the Scope of Services and will be provided by the CONSULTANT as required by the Project. Deliverables: Provide specialty site visits as required. Schedule: - Ongoing throughout Project construction duration. .Page 17 of 21 Par 3 Task 3.7 -Project Closeout: Upon .receiving notice from the Contractor advising the CONSULTANT that the Project is substantially complete, CONSULTANT, shall conduct an overview of the Project. The overview shall include development of a "punch list" of items needing completion or correction prior to consideration of • final acceptance. CONSULTANT shall develop the .Substantial Completion Punch list: The Substantial Completion Punch list shall be forwarded to the Contractor. For the .purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the .Project can be utilized for the purposes for which it was intended, and . where minor items riot be fully completed, but all items that affect the operational integrity, and function of the Project are capable of continuous .use. The~CONSULTANT shall assist the City with the review of the City's Building Departments comments in anticipation of a Temporary Certificate of Occupancy (TCO) and Certificate of Occupancy (CO) and shall enforce the contract documents with respect to the Contractor's responsibilities to obtain said TCO grid CO. The project warranty period does not commence till final CO is obtained. • The CONSULTANT upon notification from the Contractor that all remaining "punch list" items have been resolved, the CONSULTANT, in conjunction with appropriate City staff, .shall perform a final review of the .finished Project. Based on successful completion of all outstanding work items by the Contractor, CONSULTANT shall assist in closing out the construction contract. This shall include, but not limited be to, preparation of record • drawings (based on markups forwarded by Contractor through City), and certifying record drawings to the various affected permitting authorities. This certification shall be based on the CONSULTANT having received and reviewed all applicable test data, daily observation reports, record drawing markups, submittals, change orders and performed final walk through of the completed .work during substantial and final completion punch -list walk thru. . Deliverables: • Attend field meetings to review substantial completion and develop "Substantial Completion punch lists". • Certify Project completion to appropriate agencies at the Substantial completion of Project and at Final. Completion (TCO and CO). Page 18 of 21 Par 3 Schedule: • • In compliance with the General Conditions • of the Construction Contract. TASK 4 -ADDITIONAL SERVICES . No additional services are envisioned at this time. However, if such services are required during the performance of the Work, they shall be requested by City and negotiated in accordance .with contract requirements. Note that a separate Notice to Proceed is required prior to performance of any Work not expressly required by this Scope of Services. If CONSULTANT, proceeds with out. of scope of work without proper authorization, it does so at its own risk. TASK 5 -REIMBURSABLE EXPENSES Task 5.1 -Reproduction Services: CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports, contract documents and miscellaneous items, as .may be requested by City. • Unused amounts in this allowance shall be credited back to the City at the completion of the Project. Task 5.2 -Travel and Subsistence: The CONSULTANT shall be reimbursed at the United States Internal Revenue Service Established Rates for Travel and Subsistence cost, shall be limited to the noted not-to- exceed amount as outlined in Schedule B of this agreement. Task 5.3 - Survevin CONSULTANT shalt arrange for and coordinate the efforts of a licensed' surveyor to prepare a survey of the project limits which meets the requirements of Task 1.1. Cost shall be limited to the noted not-to-exceed amount as outlined in Schedule B of this agreement. Page 19 of 21 Par 3 Task 5.4 - Geotechnical Evaluation CONSULTANT shalt arrange for and coordinate the efforts of a geotechnical professional, who shall conduct a field exploration program to identify typical geotechnical conditions throughout the project site to ascertain the sub surface conditions with respect to its drainage design and structural characteristics. The program will consist of sufficient quantity,.. depth and type of ;borings to adequately define the soil characteristics for the purposes of design. Actual locations shall be as directed by CONSULTANT. Cost shall be limited to the noted not-to-exceed amount as outlined in Schedule B of this agreement. . Minimum Drawing Requirement The composite set of drawings to be produced shall contain sufficient information and detail to clearly define all proposed improvements in terms of quantity, quality and location. All drawings and details shall be to a scale sufficient to be legible. The CONSULTANT shall propose a drawing list to be reviewed and approved by the City. Site Plans Existing Conditions -Site Survey - to include property lines,.. sidewalks, pavement, landscaping, .existing site improvements and- buildings, fencing, lighting, over-head and underground utilities, .and dimensions of buildings, pavement areas, fencing, etc. Demolition -Clearly depict existing conditions to be demolished or modified. Proposed Improvements.- Clearly depict all new design elements including sidewalks, cart paths, pavement areas, landscaping, buildings; recreational courts and fields, tees, greens, golf holes, fairways, lakes, bunkers, splash pad, tree grove, tot lot, fencing, jogging trails, lighting, utility modifications, replacements, utilities, drainage, etc. Enlarged Site plans -Where necessary to clearly define Project requirements, .provide enlarged. site plans for specific areas of improvement. . Building Drawings All. site conditions, buildings to be demolished, renovated or constructed shall be detailed in the Project drawings in sufficient detail to clearly and thoroughly depict the intended improvements or modifications and shall at a minimum include drawings from all Page 20 of 21 Par- 3 involved disciplines: Architectural, Golf CourseArchitecture, Interior design, Civil, ` Landscape. Architecture; Irrigation, Structural, Mechanical, Plumbing, and Electrical. . Drawings shall be organized by site areas and by discipline: Page 21 of 21 Par 3 35 Schedule B Gity of Miami Beach Par 3 Golf Course . Compensation Fee Schedule Project Item ~ ~ Fee Phase I -Conceptual Design.. $50,000.00 Phase II =Construction Documents (30%) $75,000.00 Phase III -Construction Documents . $115,000.00 ' (60%, 90%, 100%) Bid Award $9,500.00 Construction Management Services $45,000.00 Totaf.Fee $294,500.00 Reimbursable Items Surveying $36,000.00 . - Geotechnical Testing. $4,500.00 Groundwater Monitoring Wells $22,100.00 Travel Expenses $27,500.00 Reproduction, Printing & Shipping Costs 2 500..00 Total Reimbursables ~ $92,600.00 SCHEDULE C HOURLY BILLING RATE SCHEDULE Please refer to attached Schedule. 36 J Q U rn w c ~ - 2 U ~ a~ Q d `o w ~' Q U~~~ ~ ~ c q Z . w ~ _ ~ ~~w w ~ a cn O ~ LL U ~ ~ ~ c V ~UU c° w ,v > -N J ~' MM ICJ O ~ ~ .~ . y.... 0 ~'+ ++ U U V N C ~ LL ~'n~ ~m~'~~ m ~ -a ~ c ~ ~ Z ~' U a~i -° N ~ ~ o ~ a ~ m acn w 'o u, 'o °? ~ .~ E m N a~ a o a w U~~ 0 O 0 0 0 O N M ~ H ( p O O Lf~ ~ ~ N ~ O O tf~ 00 ~ ~ l~ O 0 0. ~ ~. ~ N ~ tf~ 0 0 ~. ~ O n O ~ M ~ O N O ~ M O r ~ ~ M O ~. 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F 1 £ 3 S S I S Y v# $ "E E€ ;~ ~ E 'm S E~~ L ~ !~ . i 1 g ~ ~ -4~+ ~~Pa:~ R,X~X a'eX ~.~; gX ~ s; ~ ,8€~, a ~ I - ° U ~ ~ a 1 ~ g i= :~ a _ ~ s g i ~ S ~ ~ n jo '~ '~ !~ € ~ ' € ~ ~ ° ~ 4 ~ ~~ ~ ~ €~ u U ~, p jg g a > x ~e .o n 3 .Z Ia ~ i j ~ i° I . r F ~ ~u ~ ~. 18 '~ ~ ~ 8 ` a ~ m ~ ` e 4 ~ t2 i ~ a ~I l n 1 Re { P 6 ~ ~ ~ '6 n ¢ ( j ~ ' ~ _ 7 { i ! _ ,.a ~ f ~ { 9 I E i , i ~ £ ° , ~ ~' ' ' ' ~ ' ° ' , , ; i ~ %m ~ ~~~i ILIi i~ t=I~I~ ~IPI ~ I~1 ~~I ~Ii li I ~I~I s=1j Ll~ Ii 1i 1i~i Ii I t sl~I i I~ _I~; ~I i I i:li~i i ~l _ SCHEDULE .E Please refer to attached Schedule. Please refer to attached Schedule. SCHEDULEF 39