Eastern Engineering Group CompanyAGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
EASTERN ENGINEERING GROUP COMPANY
-, - PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES,
ON AN "AS-NEEDED BASIS", FOR PROJECTS IN WHICH THE BASIC CONSTRUCTION COST DOES
NOT EXCEED $2. MILLION OR FOR STUDY ACTIVITIES WHEN THE FEE FOR SUCH PROFESSIONAL
SERVICES DOES NOT EXCEED $200,000
- Resolution Na 2010-27415 ,
CITY APPROVED A & E FORM (AUGUST 2010)
TABLE OF CONTENTS
- DESCRIPTION PAGE.
ARTICLE 1 DEFINITIONS ~ 2
ARTICLE 2. BASIC SERVICES 7 -
.ARTICLE 3. THE CITY'S. RESPONSfBILITIES - - 13
- ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 16.
ARTICLE 5. ADDITIONAL SERVICES 17
ARTICLE 6. REIMBURSABLE EXPENSES 18.
.ARTICLE 7. COMPENSATION FOR•SERVICES 19 ,
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 20
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS ~ 20
, ARTICLE 10. TERMINATION OF AGREEMENT 21 ,
.ARTICLE .11. INSURANCE 23
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 24 -
ARTICLE 13. ERRORS AND OMISSIONS ~ 24
ARTICLE 14. LIMITATION OF LIABILITY - 25 -.
ARTICLE 15. NOTICE 26 - .
. ARTICLE 16. MISCELLANEOUS PROVISIONS 26
SCHEDULES: ~ -
NOTE AGREEMENT SCHEDULES 32
SCHEDULE A SCOPE OF SERVECES 33
. SCHEDULE B CONSULTANT COMPENSATION 34
SCHEDULE C HOURLY BILLING RATE 35
SCHEDULED CONSTRUCTION COST BUDGET 36
SCHEDULE E PROJECT SCHEDULE 37:
" SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 38
"SCHEDULE G INSURANCE AND SWORN AFFIDAVITS 39
' SCHEDULE H BEST VALUE AMENDMENT 40
- ~ `ii -
"CITY APPROVED A & E FORM (AUGUST 201-0)
f
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
EASTERN ENGINEERING GROUP COMPANY
FOR THE
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES, ON
AN "AS-NEEDED BASIS", FOR PROJECTS IN WHCH THE BASIC CONSTRUCTION COST DOES NOT
EXCEED $2 MILLION OR FOR STUDY ACTIVITIES WHEN THE fEE FOR SUCH PROFESSIONAL
SERVICES DOES NOT EXCEED $200,000
This .Agreement made and entered into this~?O day of ~~~i~IP-cRL2010, by and between the CITY OF
MIAMI .BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal
offices at 1700 Convention Center Drive, Miami Beach, Florida, 331.39, (hereinafter referred to as City), a.nd
Eastern. Engineering Group Company, a Florida corporation having its principal office at 3401 N.W. 82nd
Avenue, Suite 370, Miami, Florida 33122 (hereinafter referred to as Consultant).
WITNESSETH:
WHEREAS, the City intends to undertake a project within the City of Miami''Beach, which is more
particularly described in the Scope of Services attached as Schedule "A" hereto, and wishes to engage the
Consultant to provide specific professional services including, without limitation., A/E services, for the Project,
at the agreed fees set forth. in this Agreement; and
WHEREAS, the Consultant desires to contract with the City. for performance of the aforestated
professional services relative to the Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement
herein contained, agree as follows:
.. 1
CITY APPROVED A & E FORM (AUGUST 2010)
.ARTICLE 1. DEFINITIONS
- ~ 1'.1 CITY (OR.OWNER): The "City" shall mean the City .of Miarni ..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 fo include any duly authorized representatives designated in writing
.(including the Project Coordinator) with respect to any specific matter(s) concerning the Services
.and/or this Agreement (exclusive of those authorizations reserved to the City Commission or
regulatory or administrative bodies having jurisdiction over any matters} related; to the Project, the
Services, and/or this Agreement).
1:4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualification (RFQ)
No. 01-09710, .entitled "FOR PROFESSIONAL ARCHITECTURAL, LANDSCAPE
ARCHITECTURE; .PLANNING & URBAN -DESIGN .AND ENGINEERING SERVICES IN
VARIOUS PROFESSIONAL SPECIALTIES ON AN "AS-NEEDED BASIS", FOR PROJECTS IN
WHICH THE ,BASIC CONSTRUCTION COST DOES NOT EXCEED $2 ,MILLION OR FOR
STUDY ACTIVITIES WHEN THE FEE FOR SUCH. PROFESSIONAL SERVICES DOES NOT
EXCEED $200,000" issued by the City in contemplation of this Agreement, together with all
amendments thereto (if any), and the Consultant's proposal in response thereto (Proposal), which is
incorporated by reference to this Agreement and made a part hereof; provided, however; that in the
event of an express conflict betvveen the Proposal Documents and this Agreement, the Agreement
shall prevail.
1.5 CONSULTANT:.The Warned entity on page 1 of_this Agreement, the "Consultant" shall mean the
architect/engineer who has entered into a contract with the City to provide the Services described
under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed
to include any officers, employees, -sub-consultants, agents, and. any' other person or entity acting
under the supervision, direction, or control of Consultant. Any sub-consultants retained by Consultant
for the Project shall be subject to the prior written.. approval of the City Manager. Consultant shall
provide the Project Coordinator. with copies of the contract between ,Consultant and any sub-
consultant's. Any such contracts shall contain provisions that preserve and' protect the rights of the
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CITY APPROVED A & E FORM (AUGUST 2010)
City under (this .Agreement. Nothing contained iri this Agreement shall create any contractual
- relationship between the City and sub-consultants. Any approval of asub-consultant by the City shall
not,. iri' 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, a"nd 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. ,
1.6 :PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual designated in
' . ,writing by the City Manager who. shall. be the City's authorized .representative to coordinate, direct, -and
review (ori behalf of the City) all matters. related to the. Project during the design and construction of the
.Project (unless expressly .provided otherwise in this Agreement or the Contract Documents).
1.7 [Intentionally Omitted]
. 1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shalt perform
in accordance with the terms of the Agreement (and as required to complete the Project), as further
described in Article 2 and Schedule "A" hereto. I,n addition any Services not specifically addressed as
,; " Additional. Services (as defined herein) shall be considered Basic Services.
1.9 PROJECT: The "Project" shall mean that certain City capital project that~has been approved by .
the City Commission and is described in Schedule "A" hereto.
_ 1.9.1 . Project Cost:.. The "Project Cost", shall mean the estimated total cost of the Project, as, "
prepared and: established. by the City, including the estimated Construction Cost and Soft Costs.
The Project-Cost may, from time to-time, be revised or adjusted by the City, in its sole discretion,
to accommodate approved modificationsor chaliges to the Project or scope of work. ~- ~ .
. ~ 1.9.2 Proiect:Scope: The "Project Scope" shall mean the description of the Project in Schedule ,
<<A,, .hereto.
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which.is the actual total
cost to the City of the Work (as established in the Contract Documents, as they may be amended from
time to time), including a contingency allowance. for unforeseen conditions, not to exceed 'ten percent
. (10%) of the construction cost for new construction, or twenty percent (20%) .of the construction cost for
rehabilitation of historic buildings.
.. 3 -
' 'CITY APPROVED A & E FORM (AUGUST 2010) ,'
For Work not constructed, the Construction Cost shall be the same as the lowest bona. fide bid or
competitive bid received and accepted from a responsive and responsible bidder or proposer for such
Work.
f
1.10.1 Construction Cost Budget: The "Construction Cost. Budget" shall mean the amount
budgeted by the City for the Construction Cost, as set forth in Schedule "A".hereto.
1:.10.2 Statement OfProbable Construction Cost: The "Statement. of Probable Construction
. ~ Cost" shall. mean the latest approved written estimate of Construction. Cost submitted by
Consultant to the.City, in a format approved by, the Project Coordinator.
For Work which .bids or proposals have not been let,. the Statement of Probable Construction Cost
shall be the same as the Construction Cost.
~- 4.11 fORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible
force occasioned by violence in nature without the interference of humane agency such as hurricanes,
tornadoes, floods, -loss caused by fire and other similar .unavoidable .casualties; or by changes in
4 Federal, State or local laws; ordinances, codes or regulations enacted after the date of this Agreement ;
or other causes beyond the parties' control which have, or may be reasonably expected to have, a •
material adverse effect on the Project, or on the rights-and obligations of the .parties under this
.Agreement and which by the exercise of due diligence, such parties shall not have been able to avoid;
.provided, however, that inclement weather (except as noted above), the acts or omissions of sub-
consultants/sub-contractors, market conditions, labor conditions, construction industry price trends, and
similar matters which normally impact on the construction process SHALL NOT be considered a Force
Majeure.
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' anyclaim.by the Consultant for extra compensation, unless additional services are required, .and
approved pursuant to Article 5 hereof. ~ `
1.12 CONTRACTOR: "Contractor"-shall mean the individual or individuals, firm, company, corporation,
joint venture, or other entity contracting with City for performance of the Work covered in the Contract
Documents. -
. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all
exhibits, addenda, and written amendments issued thereto), and the documents prepared by Consultant
4 .
CITY APPROVED A & E FORM .(AUGUST 2010)
`in accordance with the requirements of the Scope of Services in Schedule "A" hereto (that form the
basis for which the City can receive bids -for the Work included. in the documents). The' Contract
,Documents. shall .also include, without limitation (together with all exhibits, addenda, and written
amendments issued` thereto), the invitation to bid (ITB), instructions to bidders, bid form, bid bond, the
Contract for :Construction, surety payment and .performance bonds, Conditions of the Contract- for
Construction [General, Supplementary, and other Conditions], Divisions 0-17, Construction Documents,
an approved Change :Order(s); approved Construction Change Directive(s), and/or approved written
order(s) for a minor change in the Work.
,1.14 CONTRACT FOR CONSTRUCTION: ."Contract for Construction" shall mean the legally binding
agreement between City and. with Contractor for performance of the Work ;covered in the Contracf
Documents.
. 1.15 CONSTRUCTION- DOCUMENTS: "Construction Documents" shall mean the final plans;
technical specifications, drawings, documents, and diagrams prepared by the Consultant pursuant tb
this Agreement, which show the locations, characters, dimensions and details of the Work. to be done,
and which are part of the Contract Documents..
1:16. CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification. to the
Agreement, approved by the. City- (as specified. below) and. executed between City and Consultant,
covering changes, additions, or reductions irr the terms of this Agreement including, without limitation,
authorizing .a change in the Project, or`-the method and manner of performance thereof, or an
adjustrnent,in the fee and/or completion dates.
Contract Amendments shall be approved by the City Commission if they exceed twenty-five thousand
dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less
(or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the. City
~, Manager reserves-the right to seek and obtain concurrence of the City Commission for approval of.any
such Contract Amendment. '
1.1'7 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the
Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and which
. have. been duly authorized, in writing, by .the City Manager or his authorized designee, ;prior to
commencement of same.
5
CITY APPROVED A & E FORM (AUGUST 2010).
'. 1:18 WORK: "Work" shall mean all labor; materials, tools, equipment, services,' ..methods,
procedures', .etc. necessary or convenient to performance by Contractor of all duties and obligations ,
proposed by the Contract Documents.
' ~ 1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant
performed pursuant to or undertaken under this Agreement.
1'.20 ~ SOFT COSTS: "Soft Costs" shall mean costs related to the Project- other than Construction
Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing,
general consultant, financing, and permitting fees, etc.
1.21 BASE B1D: "Base Bid" shall mean the elements contained in the Construction Documents
-recommended by th"e Consultant (and approved by the City) as being within. the Construction Cost
Budget. "Base Bid" shall not include Additive Alternates or Deductive Alternates.
1.22 SCOPE OF SERVICES: "Scope of Services" shall include. the Project Scope, Basic Services,
and any Additional Services (as approved by the City), all as described in Schedule "A"-hereto.
. 1..23 SCHEDULES: '"Schedules" shall mean the various schedules attached to this Agreement
and referred to as follows:
'Schedule A -~ Scope of Services.
Schedule B -Consultant Compensation. ~ ~
' Schedule C -Consultant Hourly Billing Rate Schedule.
Schedule: D -Construction Cost Budget.
Schedule E - Project Schedule.
Schedule F - General Conditions of the Contract for Construction .
Schedule G -Insurance Requirements and .Sworn Affidavits .
Schedule H -Best Value Amendment ~ -
ARTICLE 2. BASIC SERVICES
j
2.1_ The Consultant shall provide Basic Services for the Project, as required by the .Contract
Documents and as set forth in Schedule "A" hereto.
2.2 The Services will be commenced upon issuance of the first Notice to Proceed which -shall be
issued by the Project Coordinator and counter-signed by Consultant. Subsequent Notices to Proceed
E shall also be issued by the Project Coordinator. '
A separate Notice to .Proceed shall be required .prior to commencement of each Task (as same
are set forth in Schedule "A" heretol.
2.3 As it relates to the. Services and the Project, Consultant warrants and represents to City that it '
is knowledgeable of Federal, State, and local. laws codes, rules and .regulations applicable in the
. jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes,
. ~ and State of Florida nodes, rules: and regulations, and aocal (City of Miami Beach and Miami-Dade
County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws"). As they relate
to the Services .and to the Project, the Consultant. agrees to comply with. all such Applicable .Laws,
whether now in effect or as may be amended or adopted from time to time, and shall further take into
' account all known pending changes to the foregoing of which it should reasonably be aware.
Recognizing that the construction of other projects within the City may affect scheduling of .the
construction for the Project, the Consultant shall diligently coordinate performance of the Services with
. , the City (through the Project Coordinator) in order to provide for the safe, expeditious, economical and
efficient completion of the Project, without negatively impacting concurrent work .by others. The
Consultant shall coordinate the Services with all of its sub-consultants, as well as other consultants,
including, without limitation, City provided consultants (if any).. ~ -
2.4 The Consultant warrants and represents to `City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised. in the
design of comparable projects in South Florida. Consultant warrants .and represents to the City than it
is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the
Services. Consultant warrants and represents to City that it is. responsible for the technical accuracy
of the Services (including, without limitation, the Design Documents contemplated in Schedule "A"
hereto).
CITY APPR0~IED A & E FORM (AUGUST 2010)
', , 2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning, design,
bidding/award, construction administration, and Additional Services {as may be approved]), all as
.further described in Schedule "A" thereto; and shall also include any and all of Consultants
responsibilities and obligations with respect to the Project, as sef forth' in the General Conditions of the
Contract for Construction (attached as Schedule, "F" hereto).
2.5.1 Planning Services:
Consultant shall provide planning. services for the Project, as required by the Contract .
Documents and as set forth in Task 1 of Schedule "A" hereto (entitled. "Planning Services").
2:5.2 Design Services:` }
" Consultant shall prepare Design Documents'for the Project, as required by the Contract
Documents and as set forth in Task 2 of Schedule ``A" hereto (entitled "Design Services")
2.5.3 Bidding Arid Award Services:.
Consultant shall provide bidding and award"services for the. Project, as required by the Contract
Documents and as set forth. in Task 3'of Schedule "A" hereto (entitled "Bidding and Award
Services").
2.5.4 Construction Administration Services:
Consultant shall provide construction administration services for the Project, as required by.the
Contract Documents and as set forth in Task 4 of Schedule "A" hereto (entitled "Construction
Administration Services"). "
2.5.5 .Additional Services: "
if required (and so approved) by the City, Consultant shall provide Additional Services, as set
forth in Task 5 of Schedule "A" hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals issued
by the City. shall not constitute nor be deemed a release of the responsibility and liability of the
Consultant (or"of any of its officers, employees, sub-consultants, agents, and/or servants), for the
accuracy and competency of its/their designs, working drawings, plans, technical specifications, or
- other technical documents, nor shall such approval and/or decisions be deemed to.be an assumption
of such responsibility by the City for a defect, error or omission in designs, working drawings, plans,
'" technical specifications, or other technical documents; provided, however, that the Consultant shall be
entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished .
by the City pursuant to this Agreement.
8
CITY APPROVED A & E FORM (AUGUST 201-0)
- 2.7: TIME:.It- is understood that time is of the essence in the completion of the Project and, in this
- respect, the parties agree as follows:
2.7.1- Term: The term of this .Agreement shall commence upon execution by the parties
(subject to approval of the Agreement by the Mayor and City Commission) (the Effective Date),
and shall be in effect until all Services are completed or until the. work and/or services under the
Notices to Proceed in force at the. end of the stated period of time .have .been completed and. the
Services accepted, whichever may be later:
'2.7.2 The Consultant shall perform the Services as expeditiously as. is consistent with the
standard of professional skill and care required by this Agreement, and the orderly progress of the
Work. ~ '
2.7.3- T.he Services shall be performed in a .manner that shall conform with the- approved. ,
- Project Schedule, attached to as Schedule "E" hereto. The Consultant may submit requests for
an adjustment to the Project Schedule, if made necessary because of undue delays resulting from
untimely review taken by the City (or other governmental authorities having jurisdiction over the -
Project) to approve the Consultant's submissions, or any other portiori of the Services requiring.
approval by the City (or other governmental authorities having- jurisdiction over the Project).
Consultant shall immediately provide the Project Coordinator with written notice stating-the reason
for the particular delay; the requested adjustment (i.e. extension) to the: Project Schedule; and a •
revised anticipated schedule of completion.. Upon receipt and review of Consultant's request (and
such other documentation as the Project Coordinator may require), the Project Coordinator may
grant a reasonable extension of time for completion of the particular work involved, acid authorize
' that the appropriate adjustment~be made. to the .Project Schedule. The Project Coordinator's
approval (if granted) shall ;be in writing.,
2.7.4 Nothing iri.this Section 2.7 shall prevent the City from exercising its rights to terminate
. the Agreement,. as provided elsewhere herein:
2.8 Consultant shall use its bestefforts to maintain a constructive, professional, cooperative working
relationship with the Project Coordinator, Contractor, and any and all other individuals and/or firms that
have-been. contracted, or otherwise retained, to perform work on the Project. •
2.9 The Consultant shalt perfoi-rn its duties under this Agreement in a competent, timely and
professional manner, .and shall be responsible to the City for any failure in its performance; except to
the extent that acts or omissions by the City make such .performance impossible.
9
• CITTY APPROVED A & E FORM. (AUGUST 2010) •
The Consultant is responsible for the professional quality, -technical accuracy, completeness,
- performance and coordination of all work required under the Agreement (including the work performed
by sub-consultants), within the specified time period and specified cost'. The Consultant shall perform
the work utilizing the- skill, knowledge, and judgment ordinarily possessed and used by a proficient
consulting with respect to the disciplines required for the performance of the work in the State of
Florida. The Consultant is responsible for, and shall represent to City that the work conforms to City's
requirements, as set forth in the.Agreement. The Consultant shall be and remain liable to the City for
. alt-damages fo the City caused by the Consultant's negligent acts or errors or omissions in the
- ~ ,performance of the work. In addition- to all other rights and remedies, which the City may have, the
Consultant shall, at its expense, re-perform all or any, portion of the Services to correct any
- deficiencies which, result from the Consultant's failure to perform in accordance with the above
standards. The Consultant shall also be liable for the replacement or repair of any defective materials
_ and equipment and re-performance of any non-conforming construction services resulting from such
- deficient Consultant services for a period from the Effective Date of this Agreement, until twelve (12)
months following final acceptance of the Work, and for the .period of design liability required by
- applicable law. The Project Coordinator shall notify the Consultant, in writing, of any deficiencies and
shall approve the method and timing of the corrections. Neither the City's inspection, review, approval
,~ ~ or acceptance of, nor payment for, any of the work required. under the Agreement shall be construed to
relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the
Agreement, nor constitute a waiver of .any of the City's rights under the Agreement, or of any cause of
action arising out of the performance of the Agreement. The Consultant and its sub-consultants shall
. be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by
any failure of the Consultant or its sub-consultants to. comply with the terms and.. conditions of the
Agreement or by the Consultant or any sub-consultants' misconduct; unlawful acts, negligent: acts,
errors or omissions in the performance of the Agreement. With respect to the performance of work by
sub-consultants, the Consultant shall, in approving and accepting such work, ensure the .professional
. quality, completeness; and coordination of.thecub-consultant's work.
2.9:1 The Consultant shall be responsible for. deficient, defective services and any resulting
- ~• deficient, defective construction services re-performed within twelve' (12) months following final
acceptance and shall be subject to further re-performance, repair and replacement for twelve
(12) months from the date of initial re-performance, not to exceed twenty-four months (24) from
. ~ final acceptance. ~ .
. 2.9.2 ,Consultant Performance Evaluation: The Consultant is advised that a performance
evaluation of the work rendered throughout this Agreement will be completed by the City and
- kept in the City's files for evaluation of future solicitations.
~p
CITY APPROVED A & E FORM (AUGUST 2010)
2.10 The City shalt have the right, at any time, in its sole and absolute discretion, to submit for
review to other consultants (engaged by the City at its expense) any or all parts of the Services and
. the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review,
oc consider any work performed by Consultant (including, vuithout limitation, contractors, other design
professionals,, and/or other consultants retained-.by the City), the intent of such requirement is to
enable the Consultant to receive input from others' professional expertise to identify any
discrepancies,' errors or omissions that are inconsistent with industry standards for design or
construction of comparable projects; or which are inconsistent with Applicable Laws; or which are
inconsistent with standards, decisions or .approvals provided by the City under this Agreement.
Consultant will- use reasonable care. and skill, in accordance and consistent with customary
professional standards, in responding to items .identified. by other reviewers in accordance with this
subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation
(and.vvhere applicable),~via a set of .marked-up drawings and specifications. Consultant shall. address
- ~: comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as .
,- possible under the circumstances, taking into account the timelines of the Project Schedule.
2.11 [Intentionally Omitted] ~ -
2.12 Consultant .agrees that when any portion of the Services relates to a professional service ,
~~which, under ,Florida Statutes, requires a license, certificate of authorization, or other form of legal
entitlement to_ practice and/or perform such Service(s), it shall employ and/or retain only qualified duly
licensed certified personnel to provide same.. -
2.13 Consultant agrees to designate, in writing, within five (5) calendar-days after issuance of the
first Notice to Proceed, a qualified licensed professional to serve as its. project .manager {hereinafter
{ referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act
on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the
Services. Consultant's Project Manager: (as well as any replacement) shall be subject to the prior
. written approval 'of the. City Manager or .his designee -(who in this case shall be the Project
Coordinator).. Replacement (including reassignment) of an approved Project Manager shall not be
-made without the prior written approval of the City Manager or his designee- (i.e. the Project.
_ .Coordinator).
- - 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt. of written notice from
the City Manager or his designee (which notice shall state the cause therefore), to promptly
. remove and replace a Project Manager;-or any other personnel employed or otherwise retained
by Consultant for the Project (including, without limitation, any sub-consultants).
11
-CITY APPROVED A & E FORM (AUGUST 2010)
2.14 Consultant agrees not to divulge," furnish or make available to any third party(ies), any non-
public information concerning the Services or the Project, without the prior written consent of the City
Manager or his-designee (who shall be the Project Coordinator), unless such disclosure is incident to
.the -proper performance of the Services; or the disclosure is required pursuant to Florida Public
Records laws; or, in the course of judicial proceedings, where such information,, has been properly '.
subpoenaed. Consultant sha11 also require its employees and sub-consultants to comply with this
subsection.
:2.15 The City and.Consultant acknowledge that the Services do not delineate every detaiP and minor
work task required to be .performed by Consultant to complete the Project. If, during the course of
.` performing of -the Services, Consultant determines that work should be ,performed to complete the
Project which. is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated
in the Scope of Services, Consultant shall. promptly notify the Project Coordinator; in"writing, and shall
obtain the Project Coordinator's written consent before proceeding with such work. If Consultant
. proceeds with .any. such additional work without obtaining the prior written consent of the Project '
Coordinator, said. work shall be deemed to be, within the original Scope of Services, and deemed-
included as~ a Basic Service (whether or not specifically addressed in the Scope of Services). Mere .
notice by Consultant to the Project Coordinator shall not constitute authorization or approval by the
.. City to perform such work. Performance of any such work by Consultant without the .prior written
consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and. all Project. documents .and
records pertinent to the Services and shall provide the City, upon request, with copies of any and all
" . , such "documents and/or records. In addition, Consultant shall provide electronic document. files to the
City upon completion .of the Project.
2.17 The City's participation in the design and construction of the Project shall'in no way be deemed '
to relieve the Consultant of its professional duties and responsibilities .under the Contract Documents
or under Applicable Laws. ,
" 2.18 GREEN.BUILDING STANDARDS:
The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter
100 of the City Code, asboth may be amended from time to time, addressing applicable'Leadership in
`Energy and Environmental Design (LEED) compliance requirements.
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CITY APPROVED A & E fORM (AUGUST 2010)
2.49 SUB-CONSULTANTS: All services provided by sub-consultants shall' be consistent with
those commitments made by the Consultant in its Proposal and during the competitive solicitation
selection process and interview. Such services shall be undertaken and ,performed pursuant to
appropriate written agreements between the Consultant and the sub-consultants, which shall contain
. provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in
this Agreement shall create any contractual relationship between the City and the sub-consultants.
The Consultant shall not retain, add,, or replace any sub-consultant without the prior. written approval of
the City Manager, in response to a written request from the Consultant stating the reasons for any
proposed substitution. Any approval of asub-consultant by the City Manager shall not in any way shift
the responsibility for the quality and acceptability by the City of the services performed by the sub-
consultant from the Consultant to the City. The quality of services and acceptability to the City of the
services .performed by sub-consultants shall be the sole responsibility of Consultant. The Consultant
shall cause the names of sub-consultants responsible for significant portions of the Services to be
inserted on the plans and specifications.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
- ~ 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall 6e the City's
- authorized representative to coordinate, direct, grid review alf matters related to this Agreement and
the Project during the design and construction of same (except unless otherwise expressly provided in
this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without
.limitation) to transmit instructions, receive information, and. interpret and. define City policies and
decisions with respect to the Services and the Project. However, the Project Coordinator is not .
authorized to issue any verbal or written orders or instructions to Consultant that would have the affect
(or be interpreted as having .the effect) of modifying or changing, (in any way), the following.:
a) the Scope of Services;
b) .the time within which Consultant is obligated to commence and complete the Services; or
c) the amount of compensation the City is obligated or committed to pay. Consultant.
r
3.2 The City shall make available to Consultant all information that the-City has in its possession
pertinenf to the Project.- Consultant hereby agrees and acknowledges that, in making any such
information available to Consultant, the City makes no express or implied certification, warranty,
. and/or representation as to the accuracy or completeness of such information. The Consultant.
understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems
13 .
CITY APPROVED A & E FORM (AUGUST 2010)
necessary all information furnished by the City, and that it is solely responsible for the accuracy ands
applicability of all such information used by Consultant. Such verification shall •include, without
limitation, visual examination of existing conditions in all locations encompassed by the Project, where
- such examination can be made without using destructive measures (i:e. excavation or demolition).
~, - Survey information shall be spot checked. to the extent that Consultant has satisfied itself as to the
reliability of the information. ~ }
. 3.3 {Intentionally Omitted] .
3.4 At any, time, in his/her sole discretion, the City Manager may furnish accounting, and insurance
counseling services for the. Project (including, without limitation, auditing services to verify the
Consultant's applications for payment, or to ascertain that Consultant. has properly .remitted payment
due to its sub=consultants or vendors).. ,
. 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non-
conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt
` written notice thereof to the Consultant.
3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render
- any administrative. approvals and decisions required under this Agreement, in writing, as reasonably
- expeditious for the orderly progress of the Services. and of the Work. No City ,administrative
. (proprietary) approvals and/or decisions required under .this Agreement shall be unreasonably
conditioned., withheld, or delayed;- provided, however, that the City shall. at all times have the right to
- approve or reject any such requests for any reasonable. basis.
3.7 The City ,Commission shall be the final authority to do or to approve the following actions or -
conduct, by passage of an enabling resolution or amendmentto this Agreement: ..
3.7.1 Except where otherwise expressly noted iri the Agreement or the Coritract
- Documents, ,the City Commission shall be the body to consider, comment upon, or approve
any amendments or modifications to this Agreement.
3.7.2 The .City Commission. shall be the body to consider, comment upon, or approve any
as"signrnent, sale,. transfer or subletting of this Agreement. Assignment and transfer shall be
defined to also include sale of the majority of the stock of a corporate consultant.
l4 .
CITY APPROVED A & E FORM (AUGUST 2010) ,
3.7.3 Upon written request from Consultant, the City Commission shall hear•appeals from
administrative decisions of the City Manager or the Project Coordinator. in such cases, the
Commission's decision shall be final and binding upon all parties. _
3.7.4 The City Commission 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 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the
• City's primary representative to whom, administrative (proprietary) requests for decisions and
approvals required hereunder by the City shall be made. Except where otherwise expressly noted in
. this Agreement or the Contract Documents,. the City Manager shall issue decisions and:authorizations
which. may include, witfiouf limitation, proprietary review, approval, or comment upon the schedules, . .
.plans, reports, estimates, contracts, and other documents submitted to the City by Consultant..
3.8.1' The City Manager shall. have prior review and approval of the Project Manager (and
• ` any replacements) and of any sub-consultants (and any replacements).
3.8.2 The City Manager shall decide, and .render administrative (proprietary) decisions on
_ matters arising pursuant to this.-.Agreement which are not otherwise expressly provided for in
this Agreement. In his/her discretion, the City Manager may also consult with the City
.Commission on such matters.
3.8.3 At -the request of Consultant, the City Manager shall be authorized, but nofi required,
to reallocate monies already budgeted toward payment of the Consultant; provided,
however,. that the Consultant's compensation (or other budgets established by this
Agreement) may not be increased without the prior approval of the City Commission, which
• approval (if granted at all) shall be in its sole and, reasonable discretion. .,
• 3.8.4 (Intentionally Omitted]
3.8:5 The City Manager may approve Contract Amendments which do not exceed the sum
- of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified 6y
the City of Miami Beach Purchasing Ordinance, 'as amended); provided that no such
amendments increase any of the budgets.established by this Agreement: .
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CITY'APPROVED A & E FORM (AUGUST 2010)
,_ 3.8.6 The City Manager may, in his/her sole discretion, form a~commitfee or committees, or
' inquire of, or consult with, persons for the purpose of .receiving advice and '
recommendations relating,.to the .exercise of the City's powers, duties,.and responsibilities
. under this Agreement or the Contract Documents..
3:8:7 The City Manager shall be the City Commission's authorized representative. with .
- regard to acting on behalf of the City in the event of issuing any default notice(s) under this
Agreement, and,_ should such default remain 'uncured, in terminating the Agreement `
(pursuant to and in accordance with Article 10 hereof).
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
' 4.1 The City has established the Construction Cost Budget for the Project, as set forth in Schedule
_ , ~ "D", attached hereto,
4.2 Consultant. shall certify and warrant to the City all estimates of Construction Cost prepared by `
Consultant.
4.3 Consultant shall warrant .and represent to the City that its review .and evaluation of the
Construction Cost Budget, Statement of Probable Construction .Cost, and any other cost estimates
prepared (or otherwise provided) by Consultant for the Project, represent Consultant's best judgment
as an experienced design professional familiar with. the construction industry; provided, however, that
' Consultant cannot (and does not) guarantee that bids or negotiated prices will .not vary from any
estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by
Consultant:
4.4 The Construction Cost Budget (as established in Schedule "D" hereto) shall not be exceeded
without fully justifiable, extraordinary, and unforeseen circumstances (such 'as Force Majeure) which
are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City
Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City
Commission. The City Commission shall have no obligation to approve an increase in the
Construction Cost Budget and, if such budget is exceeded, the City Commission 'may, at its sole and
' reasonable discretion, terminate this. Agreement (and the remaining Services) without any further-
- liability to the City. '
4.5 If the. lowest and best base bid. exceeds the Construction Cost Budget by more than five percent '
_ (5%), the City Commission may, at its sole option and discretion, elect any of the following options: (1)
' 16
CITY APPROVED A & E FORM (AUGUST 2010) '
,approve an increase fo the Construction Cost Budget; (2) reject all bids,- and (at its option) authorize
rebidding of the Project; (3) abandon the P"roject and terminate the remaining Services without .any
further liability to the City; (4) selecf as .many Deductive Alternatives as may be. necessary to bring the
lowest and best bid within the Construction Cost Budget; or (5) work with the Consultant to reduce the
Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary,
to reduce the Construction Cost Budget. to the event the City elects to reduce the Project Scope, the
Consultant shall provide any required revisions to the Coritract Documents (including, without
limitation, the Construction .Documents), and provide re-bidding services, as many times as reasonably
. requested by the City, at no additional cost to the City, in order to bring any resulting, responsive
and responsible bids within five percent (5%) of the Construction Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consultant following receipt of written authorization
by the Project Coordinator (which authorization.. must be obtained prior to commencement of any such
additional work by Consultant). The written authorization shall contain a description of the Additional
Services required;. an hourly fee (in_accordance with the rates in Schedule "C" hereto), with a "Not to
Exceed" amount; .Reimbursable Expenses. (if any) with a "Not to Exceed" amount; the amended
Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an
amended Project Schedule (if applicable). "Not to Exceed" shall-mean the maximum cumulative hourly
fees allowable. (or, in the case of Reimbursable Expenses, the maximum cumulative expenses
allowable), vvhich the Consultant shall not exceed. without further written. authorization of the Project
Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work
requested (or, in the case of Reimbursables, for the expenses), -and all costs applicable to same shall
be verifiable through time sheets (and, for Reimbursables, expense reviews). '
5.2 Additional Services may include, but not be limited to, the following:.
5.2.1 Providing additional work relative to the Project which. arises from subsequent
circumstances and causes which do not currently exist, or which are ,not contemplated by
the parties at the time of execution of this Agreement (excluding circumstances and causes
- resulting. from error, omission, inadvertence, or negligence of Consultant).
5.2.2 Serving as an expert witness in connection with any public hearing, arbitration
proceeding, or legal proceeding, unless the subject matter at issue-has ariseri from the error
omission, inadvertence, or negligence of Consultant. .
5.2.3 {Interitionally Omitted]
CITY APPROVED A & E FORM (AUGUST'2010)
17
5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts
(except for Contract Document revisions and re-bidding services required under Section 4.5
hereof, which shall be provided. at no additional cost to City). ~ ~ -
ARTICLE 6. REIMBURSABLE EXPENSES -
6.1 Reimbursable .Expenses are an allowance set aside 'by the City and shall include actual
expenditures made by the Consultant in the interest of the Project: The Reimbursable Expenses
allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City. Any
money not directed to be used by City for Reimbursable .Expenses shall .remain with the City (i.e.
unused portions will-not be paid to Consultant).
' Notwithstanding the above, .any Reimbursable Expenses in excess :of $500 must be authorized, . in-
advance, in writing., by the. Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall
be submitted to the Project Coordinator (along with any supporting receipts and other back-up material
requested by the Project. Coordinator). Consultant shall certify as to each such invoice and/or voucher
that the amounts and items claimed as reimbursable are ``true and correct and in accordance with the
Agreement."
6.2 .Reimbursable Expenses may include, but not be limited to, .the following:
6.2..1 Cost of reproduction, courier, and postage and handling of drawings, plans,
specifications, and other Project documents (excluding reproductions for the office use of
the Consultant and its sub-consultants, and. courier, postage and handling costs between
the Consultant and its sub-consultants):
6..2.2. Costs for reproduction. and preparation of graphics for community workshops.
6.2.3 Permit fees required by City of Miami. Beach regulatory bodies having jurisdiction
over the Project (i.e. City permit fees). '
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CITY APPROVED A & E FORM (AUGUST 2010)
ARTICLE 7. COMPENSATION FOR SERVICES .
7.1 .Consultant's "Not to 'Exceed" fee for provision of the Services shall be negotiated between.City
and' Consultant, and shall be set forth in Schedule "B" hereto.
7.2 Payments for Services shall be made withih forty-five (45) calendar days of receipt and approval
of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the
Services satisfactorily performed, so that the payments for Services never exceed the progress
percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-
. up shall be allowed on subcontracted work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth
in Schedule "C," attached hereto. Any request for payment of Additional Services shall be included
- with a Consultant payment request. No mark-up shall be allowed on Additional Services (whether
. sub-contracted or not). .
7.4 Approved.,Reimbursable Expenses shall be.paid in accordance with Article 6 hereto, up to .the
"Not to Exceed" Reimbursable. allowance amount in Schedule "B" hereto. Any request for payment of
Reimbursable Expenses shall also be included with Consultant's payment request. No mark-up shalt
be allowed on Reimbursable Expenses.
7.5 ESCALATION: During the Terris of this Agreement, the City may, Eby written directive approved
and executed by the City Manager, adjust the fees included in the Hourly Billing Rate Schedule in
Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a year to year basis.
Such .adjustment will be based on the cumulative change of the CPI for the Miami urban area,
provided that in no event shall-any the annual increase exceed three percent (3%).
7.6 No retainage shall be made from the Consultant's compensation on account of sums withlield by
the City on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a
timely manner, but no more than once on a monthly .basis. Invoices shall.. identify the nature and
extent of the work performed; the total hours of work performed. by employee category; and the
respective hourly billing rate associated therewith. in the event sub-consultant work is used, the
percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional
Services and/or Reimbursable Expenses. A copy of the written approval of the Project Coordinator for
the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice.
. 19
.CITY. APPROVED A & E FORM (AUGUST 2010)
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 disbursemenf of same.. •
= ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
' 8:1 All books,. records (whether financial or otherwise), correspondence, technical documents, and
any other records or documents related to the Services and/or Project will be available for examination •
and audit by the. City Manager, or his/her authorized representatives, at Consultant's office (at the
address designated in Article 15 ["Notices"]), during customary .business hours. All such records shalt
be -kept at least for ~a period of three• (3) years after Consultant's completion of the Services.
Incomplete 'or incorrect entries in such records and accounts relating personnel services and
expenses may be grounds for City's disallowance of any #ees or expenses based upon such entries.
Consultant shall. also bind its sub-consultants to the` requirements of this Article and ensure
compliance therewith ,
• ~ ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
- 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, -
calculations, specifications, models, photographs,. reports, :surveys, investigations, and any other
- - documents. (.whether completed or partially completed} and copyrights thereto for Services performed
.. - _ ° or produced in the performance of this Agreement, or related to the Project,. whether in paper or other
hard copy medium or in electronic medium, except with respect to copyrighted standard details and
designs owned by the Consultant or owned by a third party and licensed. to the Consultant for use and
reproduction, shall 'become, the property of the City. Consultant shall deliver all such. documents to the ,
. Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of
expiration or earlier termination of this Agreement as the case may be).'. However,. the City may grant
an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted
materials or portions thereof as authorized by the City Manager in advance and in writing, In addition,
- • .the Consultant shall not disclose, release, or make :available any document to any third party without
.,~ ao
.- CITY-APPROVED A & E FORM (AUGUST 2010) ~ '
... - 1 .. - ...
prior written approval from the City Manager. The Consultant shall warrant to the City that it has been
. granted a license to use and reproduce any standard details and designs owned by a third party and.
used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein
shall be deemed to exclude any document from Chapter 119, .Florida Statutes.
9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior
' written:approval of the City Manager.
~- , 9:3 ~At- the City's option, the Consultant may be authorized, as an Additional Service, to adapt
copyrighted material for additional or other work for the City; however, payment to the Consultant for
such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt
the original copyrighted material to a new site. -
9.4 The City shall have the right to modify the .Project or any components thereof without permission
from the Consultant or without any additional compensation to the Consultant.. The Consultant shall
" ; be released from any liability resulting from such modification.
9.5 The Consultant shall=bind all sub-consultants to the Agreement requirements for re-use of plans
arid specifications.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity .and is subject to the
appropriation of funds by ,its legislative body in an amount sufficient to allow continuation of its
performance in accordance with the terms and conditions of .this Agreement. In the event there is a
lack of adequate funding either for the Services or the Project (or both), the City may terminate this
Agreement without further liability to-the City..
10.2 TERMINATION' FOR CAUSE:- The .City, through the City Manager, may terminate this
Agreement for cause, upon written'notice to-Consultant, in the event that the Consultant (1) violates
any .provision of this Agreement or performs same in bad faith; (2) unreasonably delays the .
performance of the Services or any portion thereof; or (3) does not perform the Services or any ,portion.
thereof in a timely and satisfactory manner.. In the case of termination for cause by the City, the
Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial
written notice of default from the City).
2l
CITY APPROVED A & E FORM (AUGUST 2010)
. 4
40.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole
option' and discretion, may take over the remaining Services and complete them by
contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City. .
for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is
defined as the difference between the actual cost of completion of the Services, and the cost
- of completion of such Services had' the Agreement not been terminated..
10.2.2 In the event of termination for cause by the City, the City shall only be obligated to
pay Consultant for those Services. satisfactorily performed and accepted. prior to the date of
termination (as such.-date is set forth in; or can be calculated from, the City's initial written
• default notice). Upon payment of any amount which may be due to Consultant pursuant to
this-subsection 10.2:2, the City shall have no further liability to Consultant.
10.2,3 As a condition precedent to release of any. payment which may be due to Consultant
under subsection 10.2.2, the Consultant shalt promptly assemble and- deliver to the Project
Coordinator any and,. all. Project documents prepared (or caused to be prepared) by
• Consultant(including, without limitation, those referenced in subsection 9:1 hereof). The City
-shall not be responsible for. any cost incurred by Consultant for assembly, copy, and/or
delivery of Project documents pursuant fo this subsection.
10.3 TERMINATION FOR CONVENIENCE:. In addition to the City's right to terminate for cause, the
City through the City Manager, may also terminate this Agreement, upon. fourteen (14) days prior
written notice to Consultant, for convenience, without cause, and without. penalty, when (in .its sole
discretion) it deems such termination to be in the best interest of the City. In the event the City
-. terminates the Agreement for convenience,, Consultant shall be compensated for all Services
satisfactorily performed and accepted up to the termination date (as set forth in the City's written
notice), and for Consultant's .costs in assembly and delivery to the Project Coordinator of the Project
documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due
to .Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant.
1.0..4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for
cause, upon thirty (30), days prior written notice to the City, in the event that the City willfully violates
any provisions of this Agreement or unreasonably delays payment of the Services or. any portion
#hereof. In the event of a termination for. cause by Consultant, the City shall pay Consultant for any
Services satisfactorily performed and accepted up to the date of termination; provided, however, that
the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's
initial written notice).
22
CITY APPROVED A & E FORM (AUGUST 2010)
10.4.1 The Consultant shall have no right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for ,cause or
' .for 'convenience), .the Consultant shall. immediately, upon .receipt 'of the City's written notice of
termination: (1) stop-the performance of Services; (2)-place no. further orders or issue ariy other
" subcontracts; except for those which may have `already been approved, in writing, by the Project
Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble aII Project
documents (for delivery to the Project Coordinator)..
ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following
`. required' insurance coverage in ful(force and effect. The Consultant shall not commence any work until - " '~
satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator:
(a) Professional Liability Insurance, in the amount of one million dollars ($1,000,000.00.), per
occurrence, .with a maximum deductible of $150,000 per occurrence, $450,000 aggregate.
Consultant shall notify the Project Coordinator, in writing,' within thirty (30) days of any claims
filed or made against its Professional Liability Insurance policy.
(b) Comprehensive General Liability Insurance, in the amount of one million dollars
($1,000,000:00), Single Limit Bodily Injury and Property Damage coverage, for .each
occurrence, which shall include products, completed operations, and contractual liability
coverage. The City. of Miami Beach, Florida must be named as an additional insured on this
' . policy.
(c) Worker's Compensation and Employer's Liability coverage within _the statutory limits
required under Florida law.
11.2 The Consultant must give the Project Coordinator at leasf thirty (30) days prior written notice
` of cancellation or of substantial modifications in any required insurance coverage. All certificates and
endorsements shall contain this requirement. "
1.1.3 The insurance must be furnished by an insurance company .rated B+'.VI or better, or its
equivalent, according to .Bests' Guide Rating Book, and by insurance companies duly authorized to do
business in the State of Florida, and countersigned by the company's Florida resident agent.
23 ,.
._ CITY APPROVED A & E FORM (AUGUST 2010)
11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required-
.~ insurance policies. The City reserves the right #o require a certified copy of such policies, upon written
request to Consultant.
ARTICLE 12. INDEMNIFICATION AND HOLD 'HARMLESS
12..1 Pursuant to Section 725.08; Florida Statutes, the Consultant shall indemnify and hold
harmless the City and ifs 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 rejecting any submissions by the Contractor, or
other acts of the Consultant, the City in no way assumes orshares any responsibility or liability of the
Consultant (including, without limitation its sub-consultants and/or any .registered. professionals.
- (architects and/or engineers) under this Agreement).
ARTICLE 13. ERRORS AND OMISSIONS
13'.1 ERRORS.AND OMISSIONS: It is specifically agreed that any construction changes
categorized by the City as caused by an error, an omission, or any combination thereof ih 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.
24
..CITY APPROVED A & E FORM (AUGUST 2010) '
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 resulf 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
The City desires to enter into this Agreement only if in so doing the City can .place a limit on .its liability
for any cause of action for money damages due to an alleged breach by the City of this Agreement, so
that its .liability for any such breach never exceeds the "not to exceed" amount of the fee paid to
•, Consultant under this Agreement, less any amount(s) actually paid ~ to Consultant hereunder.
Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery
- ,from the City for any damages for action for .breach 'of contract to be limited to Consultant's "not to
exceed'' fee under this Agreement, less any amount(s) actually paid, by the City•'to the Consultant
hereunder.
• _ Accordingly, and notwithstanding .any other term or condition of this Agreement, Consultant hereby
agrees that the City shall not be liable to Consultant for money damages due to an alleged-breach by
the, City of this Agreement, in an amount in excess of the "not to exceed amount" of Consultant's fees. .
under-this. Agreement, which amount shall be reduced by any amount(s) actually paid by the City to
Consultant hereunder. -
Nothing contained in this subsection., or elsewhere in this Agreement, is in any way intended. to be a
waiver of the limitation placed.. upon City's liability, as set forth in Section 768.28, Florida Statutes.
25
CfTY.APPROVED A & E FORM (AUGUST2010)
ARTICLE 15. NOTICE
All written notices given to City by .Consultant shall be addressed to:
. City Manager's Office -
City of Miami Beach -
1700 Convention Center Drive
Miami Beach, Florida 33139
- Attn: Jorge Gomez, Assistant City Manager
With a copy to: •
- Capital .Improvement Projects Office
-City of Miami Beach
1700 Convention Center Drive
J Miami Beach, Florida 33139
Attn` Charles Carreno, CIP Director
• All written notices given to the Consultant from the City shall be addressed to:
Eastern Engineering Group Company
3401 N.W. 82"d Avenue, Suite 370 - -
- -Miami, .Florida 33122
Attn:. ~ Raissa R. Lopez, P.E., President
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified .mail, •
. return receipt requested. •
ARTICLE 1$. MISCELLANEOUS PROVISIONS
4 16.1 VENUE: This Agreement shall be governed by, and-construed in accordance with, the
laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of
. laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,
Florida, if in-state court, and the U.S. District Court, Southern District of Florida; in federal court. BY
ENTERLNG 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.
26
• CITY APPROVED A & E FORM (AUGUST 2010)
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not
discriminate" against any employee or applicant for employment for, work under this Agreement
because of race, color, national origin, religion, sex, gender identity; sexual orientation, disability,
marital or familial status, or a.ge, and will take affirmative steps to ensure that applicants are employed
and employees are treated during employment without regard to race, color, national origin, .religion,
sex, gender identity, sexual orientation, disability, marital or familial status, or age,
. 16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the
" convicted. vendor list following a conviction for a public entity crime may not submit a bid 'on a contract
to provide any goods or services to the City, may not submit a bid' on a contract with the City for the
construction or .repair of a public building. or public work, may not bid on leases of real property to the
City, may not be awarded or .perform work as a contractor, supplier, subcontractor, or subconsultant
under a contract with. the City, and may riot 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 ofi being placed. on the convicted vendor list. For violation of "this subsection by
Consultant, City shall have the right to terminate the Agreement without any liability to City, and
pursue debarment of Consultant .
16.4 ~ NO CONTINGENT FEE: Consultant warrants .that it has not employed or retained .any
company or person, other than. a bona fide employee working solely for Consultant, to solicit or secure
this.Agreement, and that it .has notpaid or agreed to pay any person, company,'corporation, individual
", or firm, other than a bona fide employee working solely for Consultant, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
. Agreement. For the breach or violation of this subsection, 'City "shall have the .right to terminate the ,
Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise
recover) the full amount of such fee, commission, percentage, gift,'or consideration.
16:5 LAWS AND REGULATIONS:
16.5.1. The Consultant shall, during the Term of this Agreement, be governed by
Federal, State, Miami-Dade County, and City laws, ordinances, and codes which may~have a
bearing on the Services involved in the Project.
27
CITY APPROVED A & E FORM (AUGUST 201.0)
16.5.2 .Project Documents. In accordance with ~ Section 119.07 {3) (ee), Florida
Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptiohs,". all
building plans,. blueprints, schematic drawings, and diagrams, including draft, preliminary, and
final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection
and copying of public records), '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 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 alf times.. -
16.5.2.4 A log is developed to track each set of documents logging in the date,
time, and name of the individual(s) that work on or view the documents.
16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without
added compensation, all necessary supplemental documents to correct errors,. omissions, and/or
ambiguities which may exist in the Contract Documents .prepared by Consultant, including documents
prepared by its sub-consultants. Compliance with this subsection shall .not be construed fo relieve the
Consultant from any liability resulting from any such errors, omissions, and/or ambiguities in the
Contract Documents and other documents or Services related thereto.
CITY APPROVED A & E FORM (AUGUST 2010)
28
1.6.7 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 defined in the Agreement. The Consultant shall have no claim
against the City as a result of the City electing. to retain or utilize such other architect, engineer, design
professionaf, 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.
- 16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself,
his/her partners, successors, legal representatives and assign's 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 shalt afford the City (through the City Commission) the.
opportunity fo approve or .reject all proposed assignees, successors or other changes in the ownership
structure and composition of the Consultant. Failure to do so constitutes a breach. of this Agreement
by the.Consultant.
• 16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of
the Services prescribed herein, it shall be the responsibility of the. Consultant to provide all salaries, .
wages, materials, equipment, sub-consultants, and other purchased services, etc., as necessary to
complete said Services. ~ ~ ,
16,12. INTENT OF AGREEMENT.:
_ 16.12.1.. The intent of the Agreement is for the Consultant to provide design services, and to
include all necessary items for the proper completion of such services for a fully functional
Project which, when constructed iri accordance with the design., will be able to be used by the
29
• CITY APPROVED A & E FORM (AUGUST 2010)
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 benefif 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..
T6.12.3 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.
AAccordingly, 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 egiaaLdignity herewith.
' [REMAINDER OF THIS PAGE.LEFT INTENTIONALLY BLANK]
30
CITY APPROVED A & E FORM (AUGUST 2010)
F:\PURC\$ALL\Maria\RFO'S\09-10\RFO-01-09-10 AE Rotational List\Agreements\Eastern Engineering Company.doc
31
CITY APPROVED A & E FORM (AUGUST 2010)
. AGREEMENT SCHEDULES
' ~ NOTE: WITH THE EXCEPTION OF SCHEDULE "C" (CONSULTANT'S HOURLY BILLING RATE
SCHEDULE), THE ATTACHED SCHEDULES ARE FOR ILLUSTRATIVE ,PURPOSES. WHEN.
CONSULTANT IS ASSIGNED A PROJECT AND/OR STUDY ACTIVITY (IES) UNDER THE TERMS OF
THE AGREEMENT, THE SPECIFIC SCHEDULES PERTAINING TO THAT PROJECT AND/OR STUDY
ACTIVITY (IES) (LE. THE SCOPE OF SERVICES; CONSULTANT COMPENSATION; CONSTRUCTION
COST BUDGET; PROJECT. SCHEDULE; INSURANCE REQUIREMENT; ETC)' SHALL BE NEGOTIATED
AND ATTACHED AND, ALONG, WITH THE TERMS OF THE AGREEMENT, SHALL BE THE AGREEMENT
THAT GOVERNS FOR THAT PARTICULAR PROJECT AND /OR STUDY- ACTIVITY (IES).
. 32. '
CITY APPROVED A & E FORM (AUGUST 2010)
SCOPE. OF seskv‘ces
33
•
PRPRovev.) & E. CO\ti (P.UGUSI 2.0A0)
- _ SCHEDULE B
CONSULTANT COMPENSATION
' Schedule of Payments
Planning Services * $XXXXXXXX
Design Services* - $XXXXXXXX
Bidding and Award Services ~ $XXXXXXXX
Construction Administration ** $XXXXXXXX
`Reimbursable Allowance*** $XXXXXXXX
Historic Preservation Board /Design Review Board (if required) $XXXXXXXX
Note*: These services will be paid lump sum based on percentage complete of each phase as
identified in the individual tasks.
Note**: Construction Administration will be paid on a monthly basis upon commencement of
' construction.
In "the event. that, through no fault of the Consultant, Construction Administration services are
required to~be extended, which extension shall be subject to prior City approval, and what shall be at
` the City's sole discretion, .the Consultant agrees to extend said services for $XXXXXX, per month, for
the duration required to complete the Project.
Note***: The Reimbursable Allowance belongs to the City and.must be approved in writing, in
advance, by the Project Coordinator. Unused portions will not be paid •to the Consultant.
34
CITY APPROVED A & E FORM (AUGUST 2010)
SCHEDULE C
HOURLY BILLING RATE SCHEDULE
Project Princi al
$
150.00 Project Engineer (Coastal or
Other)
$
101.00
Project Mana er $ _ 120.00 Sr. Field Services Professional $ 101.00
Senior Civil Engineer $ 1.20.00 ~ Field Services Professional $ 70.00
Civil En ineer $ 101.00 Threshold Ins ector $ 120.00
Senior Electrical En ineer $ 120.00 Structural S ecial Ins ector $ ~ 95.00
Electrical En ineer $ 101.00 Technical Editor $ . 65.00
Senior Mechanical En ineer $ 120.00 Senior GIS S ecialist $ 101.00
Mechanical En ineer $ 101.00 G1S'S ecialist $ 75.00 .
Senior Structural En ineer $ 120.00 Staff En ineer/Geolo ist /Scientist $ 82.00
Structural En"ineer $ 101 i00 Landsca e Desi er $'_ 83:00
Senior Environmental En ineer $ 1.20.00 Planner $ - 101.00
Environmental En ineer
$
101.00 -Project Principal (Structural
En ineer
$
150.00
Environmental Technician
$_
65.00 Project Manager (Structural
~ En ineer)
$
120.00
Environmental S ecialist $ 55.00 ~ CAD Technician (Structural $ 55.00
Environmental Permit
S ecialist
$
55.00
Traffic En ineers
$•
.101:00
Pro"ect Scientist $ 105.00 Cost Estimator $ 65.00
Senior Surve or. $ 120.00 S ecifications. Writer $ 55.00
Surve or
$
101.00 Construction Administrator /._
Mana er ~
$.
82.00
Surve or Su ort Staff $ 60.00 Senior Project Mana er $ 120.00
Senior Architect $ 120.00 MEP Project En ineer $ 120.00
.~
Architect
' $ '
101.00 Horticultural/maintenance
Consultant
$ '
75.00
Senior Desi er ' $ 120.00 Irri ation En ineer $ 82.00
Desi ner $ 83.00 Job Ca taro- $ 80.00
Senior Urban Planner $ 120.00 Interior Desi , er $ 83.00
Senior CAD Technician $ 60.00 ~ Princi al/Director of Desi n
$
120.00
CAD Technician ~ $ 55.00'
Senior Landsca e Architect $ 120.00
Landsca e Architect $ 101.00
.Clerical $ • 35.00
Administrative Assistant $ 35.00
Surve Crew Part of 2 $ 122.33
Survey Crew Party of 2 w/
GPS
$"
146.53
_ Surve Crew Part of 3 $ :148.21
Survey Crew Party of 3 w/
GPS
$
171.31
..Surve Crew Pa ~ of 4 ~ $ 183.75
Surve Crew Part of 4 w/ GPS $ 217:50
Sr. Ins ecfor (CEI) $ 90.00
Inspector (CEL Field or
Construction)
$
82.50
'
SCHEDULE D
COSTRUCTION COST BUDGET
36
SCHEDULE E
PROJECT SCHEDULE
37
SCHEDULE F
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
38
CITY APPROVED A.& E FORM (AUGUST 2010)
39
• &�RM IP�GVST 2.00Orr PPPRo�Ep P
I
F'
' .~ ® ~
ACORL7 CnERT:IFiCAT"E OF ~LIABtL[TY O'NS~UR~4~V`CE
~,,, DATE (MMIDDIYYYY)
09!07/2010
PRODUCER. Fa,c#30~j-[>,1'8_8t}1:8 Phone#.305-41-$-8411 ~
Westward Insurance Services, Inc ."
2500'NW 79th Avnenue - THIS CERTIFICATE IS ISSUED AS A MATTER OF:INFORMATION
ONLY AND CONFERS NO 'RIGHTS UPON -THE CERTIFICATE
HOLDER. THIS CERTIFICATE -DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE-POLICIES ;BELOW.
Suite 282
Doral,.'sFL 33122
INSURERS AFFORDING COVERAGE
,NAIC#
INSURED Fax# ~ Phone# - - - INSURER-A: SUA~InSUrance COCn ` an. ~ 101 Q9
Eastern>Engmeenng Group Inc INSURERB: '
3401'NW 82 Avenue INSURER C: National Group'Ihsurnace Corn an 1`2992
Suite `370 - INSURER D: National Grou' Insurance Com an 1:2992
Dural. FI `3'31.22 INSURER e: Bristol West lnsurahce'Com an 12461
e u.v crvauca
LISTEDBEL0W HAVE BEEN ISSUED'TO THE INSURED.NAMED ABOVEFOR THE POLICY. PERIOD INDICATED. NOTWITHSTANDWG
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ICIES O
INSU
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OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
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EQUIREMENT
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ANY
MAY~PERTAIN; THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED.HEREIN?IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS"SHOWN MAY HAVE.BEENREDUCED BY PAID CLAIMS.
INSR , DD' -
POLICY NUMBER 'POL`ICKEFFECTIVE
DA ' MM D YYY POLICY-EXPIRATION
DATE M DD ~ LIMITS
ILITY ~ - ~ ~ - EACH OCCURRENCE ~ $ 1 ,000,000 -
~.~ GEN ERAL LIAB
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C ~ CIAL GENERAL LIABILITY _ ~ PREMISES' Ea'occurence ,
$
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CLAIM JAC6274P090821-001 08/21/10 08/21/11 PERSONALaADVINJURY $1,000;OQO
' - ~ - - ~ - - GENERAL AGGREGATE -$2,000,000
TE LIMIT APPLIES PER:
' PRODUCTS -.COMP/OP AGG $ EXCIUded
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~ AUT OMOBILE.LIABILITY ~ - - ~ - ~ COMBINED SINGLE LIMIT ~ ~ $1,000,000
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ANY AUT
ALL OWNED AUTOS ~. ~ " : ~ - BODILY INJURY $
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( $
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ITY - ~ ~ ~ ~ ~ ~ AUTO ONLY - EA ACCIDENT ~ $
GA RAGE:LIABIL
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OTHER THAN EA ACC $
ANY AUTO
- ~. ~ .AUTO ONLY: AGG $
ELLA LIABILITY
B EACH OCCURRENCE $ -
EXCESS/UM
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^ CLAIMS MADE I ', rr,,
I V AGGREGATE
OCCUR ~~
`
$
E $
DEDUCTIBL
RETENTION $ $
WC STATU- 0TH-
WORKERSCOMP.EN$ATION
A AND~EMPLOYERS':LIABILITY ~ "Y'!N
Y PROPRIETOR/PARTNER/EXECUTIVE - - -
E.L. EACH ACCIDENT -
$ 100,000
~
AN
OFFICER/MEMBER EXCLUDED? - WSAUIEC12076302 09/23/1 O 09/23/11 000 '
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$
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E.L. DISEASE -POLICY LIMIT
$ 100,000
SPECIAL PROVISIONS below
OTHER ~ ~ ~ ~ -.
B ~ .
DESCRIPTION.OFOPERATIONS 1 LOCATIONS / VEHICLES I EXCLUSIONSADDED BY ENDORSEMENT /SPECIAL PROVISIONS
RFQ-01-09/10 Professional Architecture and Engirieering:Services.
"The City of Miami Beach:is an additional ihsured:uhder the Generaland Auto liability".
CERTIFICATE'HOLDER fax# rnone7f ~.arv~.c~-~t+rrvr~ -
SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRATION
" Attn: Kenneth PatterSOn - OffICe ASSOCIate V ~ ~ ~ DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
' Clty .Of Mlaml .Beach ~ ~NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO.DO SO SHALL
PfOCUrement DIVISIOn IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER; ITS AGENTS OR
1700 COnVentlOn Center DfIVe ~ REPRESENTATIVES.
Miami Beach, FL 33139 AUTHORI E RESENTATIVE
ACORD25 (2009101) , 1988-20 9 AC ~ D CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of~ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If 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).
:DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
Client#~ 12398
F~STFNf;31
ACORD
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
TM
•;~ 9/07/2010
PFYJDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION"
ISU Suncoast Insurance-Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P
O: Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33622-2668
813 289-5200 INSURERS AFFORDING COVERAGE NAIC #
INSURES INSURER A: Beazley Insurance Company, Inc. 37540
Eastern Engineering Group
- INSURER B:
3401 N.W. 82nd Avenue
~
.
- - ~ INSURER C:
Suite 370
INSURER D:
Miami, FL 33122
INSURER e:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~
1 SR
LTR DD'
NSR
TYPE OF INSURANCE
POLICY NUMBER POLICY EFFECTIVE
DATE MM/DDIYY POLICY EXPIRATION
DATE MM/DD/YY
LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY
_ _
~
_
,~. _,. DAMAGE TO RENTED
PREMISE-S (Ea occurrence _ .. $
...
CLAIMS MADE ~ OCCUR -
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $
POLICY PRO LOC
JECT
AUT OMOBILE LIABILITY
~ COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
ALL OWNED AUTOS '
BODILY INJURY
$
' SCHEDULED AUTOS (Per person) ~
- HIRED AUTOS - -
BODILY INJURY $
NON-OWNED AUTOS (Peracciderit)
• ~ / ~
PROPERTY DAMAGE
-
$
(Per accident)
GARAGELIABILITY ~ ~ AUTO ONLY - EA ACCIDENT $
ANY AUTO - EA ACC
OTHER THAN $
AUTO ONLY: ~ AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR ~ CLAIMS MADE ~ AGGREGATE $
DEDUCTIBLE
RETENTlOM $ $
WORKERS COMPENSATION AND Y ~ ~..
EMPLOYERS' LIABILITY T Y
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED?
If yes
describe under E.L. DISEASE - EA EMPLOYEE $
,
SPECIALPROVISIONS below E.L. DISEASE -POLICY LIMIT $
q OTHER Professional V10566100101 01/08/10 01/08/11 $1,000,000 per claim
Liability $1,000,000 annl aggr.
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Professional Liability coverage is written on a claims-made and reported basis. RE: RFQ-01-09/10
Professional Architecture and Engineering Services -
City of Miami Beach
Procurement Division
Attn: Kenneth Patterson-Office Assoc V
1700 Convention Ceriter Dr
Miami, FL 33139
liM1Y V LLL/1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THEISSUING INSURER WILL ENDEAVOR TO MAIL ~,~ 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
REPRESENTATIVES.
A~U7) ORIZED REPRE(~~S,/EAUNTATIVE
~.•~b
• •---•• -~ ~~~~'~~~/ I or L iFJL/ULbZ/IVIL34ZUtS LN-q O ACORD CORPORATION 1988
i~_.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If 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).
_ DlSCLA!MER_._ _ ~ ..-- - - - - ~ ~-- --- ~ -
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized. representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend,. extend or alter the coverage afforded by the policies listed thereon.
~•~~ ~ ~~°° ~•~~~ ~ or c iFJL/UL6L/ML34ZU8
SCHEDULE H
BEST VALUE AMENDMENT
The Consultant. agrees to abide by all the required documentation of the City's Performance Information
Procurement System and submit the weekly reports.
40
CITY APPROVED A & E FORM (AUGUST 2010)