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Agreement with James B. Pirtle Construction AGREEMENT FOR PRE - CONSTRUCTION SERVICES' BETWEEN CITY OF MIAMI BEACH, FLORIDA, AND JAMES B. PIRTLE CONSTRUCTION CO., INC., DBA PIRTLE CONSTRUCTION COMPANY, FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES PURSUANT TO RESOLUTION NO. 2011 -27708 ENTITLED "CONSTRUCTION MANAGEMENT AT RISK PRE- CONSTRUCTION SERVICES FOR THE PROPERTY MANAGEMENT FACILITY PROJECT ". a THIS AGREEMENT made and entered into this da of A16VU 1 (�'lZ, 2011 b and between the Y Y CITY OF MIAMI BEACH, a Florida municipal corporation whose address is 1700 Convention Center Drive, Miami Beach,' Fl. 33139 (hereinafter City), and .JAMES B. PIRTLE CONSTRUCTION CO., INC., DBA PIRTLE CONSTRUCTION COMPANY, a Florida corporation whose address is 5700 Griffin Road, Suite 200, Davie Florida, 33314, (hereinafter Construction Manager or CM). WITNESSED: WHEREAS, the City intends to build a new Property Management Facility located at 1833 Bay Road, Miami Beach Florida, and desires to engage the services of CM; and WHEREAS,. the CM desires to act as Construction Manager At -Risk to the City to provide the services as t set forth in this Agreement. NOW THEREFORE, in consideration of the covenants and conditions herein contained, and other good t and valuable consideration, the sufficiency of which is hereby acknowledged, City and CM agree as follows: ARTICLE DEFINITIONS The following terms shall have the meanings specified below; any capitalized terms referred to herein and not defined shall have the meanings set forth in the Agreement between City and Construction Manager: 1.1 Architect/Engineer or A /E: The "Architect/Engineer" or "A/E" shall mean that person or firm designated as the architect /engineer for the Project, or any portion thereof. Also referred to as the Consultant, this entity has entered into a separate agreement with the City for design services for the Project, said Agreement attached and incorporated as Exhibit VII hereto (also referred to as the A/E Agreement). For purposes of this Agreement, the Architect/Engineer of record for the Project is Wolfberg Alvarez & Partners Inc., whose principal address is 1.500 San" Remo Avenue, Suite 300, Coral Gables, Florida, 33146. 1.2 Bonds: The "Bonds" shall mean the Public Construction Payment Bond and the Public Construction Performance and Guarantee Bond furnished by the Construction Manager as required by this Agreement. 1.3 Bond Premium: The term "Bond Premium" shall mean the direct cost of the premium paid .for the Bond (s). 1.4 .Budget: The minimum amount established_ by the City for this Project. CM herein acknowledges that, prior to execution of this Agreement; it has received" the City's written Budget for the Project. 1.5 City or Owner: The "City" or "Owner" shall mean the City of Miami Beach, .a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and may 1 also be referred to as the "Owner" in this Agreement. The City, as a governmental entity, 'is subject 'to the availability of funds 'and annual appropriation of funds by its legislative body and other governmental authorities or sources of revenue, in an amount to allow continuation of its performance under this Agreement. In the event of lack of funding for this Agreement, or the Project subject to this Agreement, this Agreement may be terminated by the City pursuant to the procedures set forth in Subsection 6.2. 1.6 City Commission: "City Commission" shall mean the governing and legislative body of the City. 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. 1.6.1 The City Commission shall be the body to consider, comment upon, or approve of any.amendments or modifications to this Agreement. 1.6.2 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, or any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporation. 1.6.3 All City Commission approvals and authorizations shall be expressed by.passage of an appropriate enabling resolution and, as determined by the City if applicable or required, by the execution of an appropriate'. amendment to this Agreement. 1.6.4 The City Commission shall approve or consider all contract amendments which exceed the sum of Twenty -Five Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified by the City of - Miami Beach Code in its Procurement Ordinance, as same may be amended from time to time. 1.7 City Manager: The "City Manager" shall mean the Chief Administrative Officer of the City. The City Manages shall be 'construed to include any duly authorized designees, including, a Program Coordinator, and shall serve as the City's representative to whom administrative requests for approval shall be made and who shall. issue, authorizations exclusive of those authorizations reserved to the City Commission, to the CM. 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 CM. pursuant to the Scope of Services set forth in this Agreement, as same may be amended from time to time. 1.7.1 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 he shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the CM's work.. 1.7.2. The City Manager shall additionally be .authorized, but not required; upon written request of. the CM, to reallocate monies already budgeted toward payment of the CM; provided, however, that he cannot increase the CM's compensation or other budgets established by this Agreement. 1.7.3 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: 1.7.4 The City. Manager or his designee shall be the representative, on behalf of the City authorized to issue a Notice to Proceed. 2 1.7.5 The City. Manager may approve contract amendments which shall not exceed the sum of Twenty---', Five Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified by the City. of Miami Beach Code, in its Procurement as same may be amended from time. to time. 1.7.6 The City Manager may, in his 'sole discretion, forma committee .or ,committees, or inquire of or con su It, with persons for the purpose of..receiving advice and recommendations" relating to the exercise of his powers, - duties and responsibilities under this Agreement: 1.8.CM Principal: The "CM Principal" shall be the person; designated by the Construction Manager as .its senior - representative to the City. "The CM Principal - shall perform .those duties required in this. Agreement and shall. have the.authority to commit and obligate the CM, and to fully act for the CM in all maters. 1.9 Claim: A "Claim" is a- demand, assertion, dispute or other such claim by one- of the parties hereto arising out of -or based upon the terms and conditions of the Contract Documents, .1.10 Contract Amendment or Change Orders:: "A Contract Amendment" or'"Change Order shall - mean a written order to the Construction, Manager.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 ofr performance thereof, or an ,adjustment in the fees or completion dates, as applicable; and executed by the City, CM and the A/E. Contract Amendments and /or Change Orders affecting changes to the: Work shall be countersigned by the CM and the A/E: Contract Amendments and /or Change Orders shall be approved by the City Commission if they exceed Twenty -Five Thousand Dollars and 00 /100 ($25 or by the City Manager if- they are Twenty -Five Thousand :Dollars and ,00/1 -00 ($25,000.00) or less in amount (or such .other amount as may be specified by the City of Miami Beach Code, in its Procurement Ordinance, as sarrie.may be amended from time to time),. Even for Contract Amendments and /or Change Orders for less than Twenty -Five Thousand` Dollars and o0 /100 ($25,000.00) the City Manager shall retain the right to seek and obtain concurrence of the City. Commission for approval of any such ContractAmendments and /or Change Orders 1,11: Construction Change Directive: The term "Construction Change Directive" shall mean a written directive effect changes to the Work, prepared by the A/E and executed by the.City. 1.12 Construction Estimate: l"he term ".Construction Estimate'' shall mean ,a cost estimate for the completion of the entire Scope of Work for the Project, which estimate shall include all components of the Cost of the- Work, as ; well as the Construction Fee for the Project. This 'estimate is :initially established as $3,608,823, which is the sum budgeted by the City for the construction cost for the Project. 1.13 Construction Manager (CM): The firm of JAMES B. PIRTLE CONSTRUCTION. CO., INC., DBA PIRTLE -CONSTRUCTION 'COMPA►NY; a Florida corporation whose principal, address is 5700 - Griffin Road, Suite 200, Davie Florida, 33314, as selected by the City pursuant to Resolution No. 2011- 27708, to provide Construction Management At -Risk services for this Project: Acceptance of the GMP by the City shall result in the CM functioning from that point forward as a General Contractor under the terms and conditions of the Contract Documents, as same' may be amended, which will go into effect at the time .of GMP acceptance. 1.14.1 (Intentionally :Omitted) 1.14.2 The CM shall be liable for its services,_ responsibilities and liabilities under this Agreement, as well . as the'.services; responsibilities and liabilities of any subconsultants; -and any other person or entity acting under the direction or control of the CM. When the term "CM" or. "Construction . Manager." is used in this Agreement, it shall be.deemed to include any subconsultants and any other person or entity acting. under the direction or control of CM. Any subconsultants retained by CM pursuant to this Agreement and. the Project, must receive the prior written approval of the City. . 1.15 (intentionally Omitted) 1.16 Construction Phase Services: The term "Construction Phase Services" ..shall mean and anticipates, in: a subsequent amendment to this Agreement, and further., in the event the -City approves the GMP, the services to be performed by or through the CM during the Construction Phase of the Project, including, without limitation, the ' Work for the Project, and such other, services as called for by this Agreement and any amendments hereto, or reasonably inferred there from. 1.17 Construction Schedule: The term "Construction Schedule" shall mean a critical path schedule' or other. construction schedule, as defined and. required by the Contract Documents. 1.18 Construction Team:: The term . "Construction Team" shall mean the : constru -tion team consisting of representatives Hof the `City, CM, and the A/E. .1.19 - Contingency: The term "Contingency" shall mean a line- item contingency amount contained in the Schedule of Values for the Project, which contingency amount, if- accepted by the City, .shall be:.included within the GMP for the Project, and shall accordingly be referenced in the [GMP] Amendment to this Agreement.' Pursuant Ao said Amendment, the Contingency shall be used as a source of funds for the costs reasonably and necessarily incurred.and. paid by the CM. 'The Contingency shall be in an amount, which the CM believes, in its best judgment, is reasonable to cover construction related costs which were not specifically foreseeable or quantifiable as..of the date the Guaranteed p Y q . Maximum Price was established, including but not limited to the following:, :correction of minor defects or .omissions in the Work not° caused by the CM's negligence; cost overruns due.to the default of any subcontractor or supplier; minor changes caused by unforeseen or concealed site conditions; and minor changes in the Work not Involving 'adjustment in the Guaranteed Maximum . Price or extension of the completion date and -not inconsistent with the approved final plans and specifications. 1.19.1: Draws may ,be charged against the Contingency only with the City's written consent, which shall not be unreasonably withheld or. delayed. The Contingency excludes, and shall not .be used for, costs incurred to demobilize and remobilize due to suspensions ordered by the Owner, or for the Owner requested Changes to the Work, all of which are to be treated by Change Order: 1.19.2: Upon making a draw against `the Contingency; the CM shall - increase the relevant budgeted line items by the amount of the .draw; and decrease the respective contingency line item accordingly. The CM shall maintain records satisfactory to the City to document each draw against each Contingency. - ; 4 1:193: To the extent that any portion of the Contingency remains. unallocated on the ' date of Final Completion and after the issuance of final payment for. the Project, which remaining portion of the Contingency shall accrue to the benefit of the City. : ,1.20 Contract:.. The term "Contract" means the contract formed by all of the .Contract Documents; including this Agreement and any amendments hereto. 1.21 Contract Documents: The ``Contract Documents" include. Resolution No. 2011 - 27708;: this Agreement, and all attachments, exhibits, and amendments thereto; the A/E: Agreement; attached as Exhibit VII 'hereto;- and such other documentation as may be listed as an attachment and /or'an exhibit to this Agreement..: ' Upon execution of the GMP Amendment, the Contract Documents shall be. expanded to include, in addition to those items listed above, those documents _identified by the GMP Amendment: and, the attachments and exhibits thereto: 1.22 Contract Time: The time period defined within this Agreement for the' CM to submit the GMP: 1.23 Drawings: The ",Drawings" shall refer to the graphic and pictorial provisions of the Work identified .as. the 'Drawings in'the GMP Amendment; Change Order, or Construction Change Directive issued and executed.in ." accordance with the Agreement, including without limitation, all notes schedule and ,legends on such Drawings.. 1.24 General: Except as defined herein, or as otherwise defined in the Contract Documents. words which have well - known, technical meanings or otherwise have accepted - construction industry meanings are used in the 'Contract Documents in accordance with such well -known or accepted meanings. 1 25 General Contractor: The term . "General Contractor" shall refer to the CM after acceptance by the City of the GMP Amendment.. The CM shall be licensed as 'a General Contractor pursuant to Chapter 489, Florida Statutes: 1.26 Guaranteed Maximum Price: The term "Guaranteed Maximum Price" or "GMP" shall mean the sum ,certain set forth in the GMP Amendmentas the Project price that the CM guarantees notao exceed for the Project for all services within the Agreement, as same shall be amended upon acceptance of the .GMP by the City, but . which shall not include the Preconstruction Services fee: 1.27 .GMP Amendment: The term "GMP Amendment" shall .mean the GMP Proposal for the Project, roject if any, accepted by the City, in: its sole discretion, in substantially the same form as attached as Exhibit "I", (or a phased portion thereof) hereto, which Amendment shall automatically become a part hereof upon the City's and CM's :execution of the same and. shall establish, among other things, the GMP, the names of the CM's on site- management and supervisory personnel for the Project; and the Contract Time for the Project. 1.28 GMP Proposal:. The term "GMP Proposal" shall mean a proposal for completing the Project, which proposal shall include the proposed Guaranteed Maximum Price for the construction of the Project, as provided .by the CM and accepted :by the City, based upon the Drawings. and Specifications; the. Contract Documents; and the Memorandum of Changes_ The City has no obligation .to accept the GMP Proposal regardless of the amount or its. relationship to estimates provided. . 5 1.29 Laws: The term "Laws" shall`.include. all Federal, State, County .and local laws, statutes, regulations,' ordinances, :rules and building codes applicable to the. Project including, without limitation, orders of any public, authority having jurisdiction over the Project, building, labor, safety, licensing or environmental laws and. local building codes, building standards and trade practices affecting, the Project, as.same may be amended from time to .time. 1.30 Memorandum of Changes: The term "Memorandum of Changes" shall mean a written summary of the CM's recommended .modifications to the Drawings and Specifications relating to the Project based on an .evaluation of the Project requirements; on and off -site development; survey .requirements; and Project budget requirements; and a review of the design documents; and the. Drawings and Specifications; and the Contract Documents. 1.31. Phase I (30 %) 7 Schematic - Design Documents: The term "Phase 1 (30 %)- Schematic Design Documents" shall mean Drawings and :other documents illustrating the scale .and relationship of the Project components, and as .further defined. by the -A/E Agreement. CM's knowledge of and coordination with : said + - Agreement is required as part of the delivery of CM's services pursuant to this Agreement and the. GM_P.' Amendment. 1:32. Phase 11 (60 %)- Design Development Documents: The, term "Phase 11 (60 %)- Design Development' Documents" shall mean the. Drawings: and Specifications and other, documents which fix and describe the size. and character of the entire Project as to architectural, structural; _mechanical and electrical systems, materials and such other elements, as may be appropriate, and as further defined by the A%E Agreement. CM's .knowledge of and coordination with said Agreement Js required as part of the delivery of CM's services pursuant to this .'Agreement and the GMP Amendment. :1.33 Phase III (100 %) - Construction Documents: The'term "Phase lll.(100 %)- Construction Documents" shall mean the Drawings and - Specifications setting forth in detail the requirements of the construction -.of the Project, and as further defined by the A/E Agreement. CM's knowledge of and coordination with.said Agreement is required as part of the delivery of CM's services pursuant to this:Agreement and the GMP Amendment. 1.34 Preconstruction Services Fee: The term "Preconstruction Services Fee" shall mean the fixed fee for the CM's services contemplated in this Agreement, in the amount of $44;713, which. fee includes all direct and indirect costs incurred by the Construction Manager in the proper performance of the Pre- Construction. Phase Services contemplated under this Agreement. 1.35 Preconstruction Phase Services:. The term "Preconstruction Phase Services" shall. mean the services which the Construction Manager shall perform in reviewing the design and for the bid and award phases of the Agreement, and culminates with exercise by the City of one of the , City's options. regarding the GMP Proposal: 1.36 -Project: The term "Project", shall mean that certain City construction project referenced' In,- 'Resolution No. 2011- 27708 involving the demolition of existing City -Owned building and site located at 1833 Bay Miami Beach, Florida, and' the construction of the new Property Management Facility at that site. The City anticipates that the Project will be phased and.that each phase, as set forth below, will require a separate 'GMP Amend me final phasing of'the Project will be mutually* determined'by the CM, the A/E and the City. jointly: The phasing plan outlined below may be' different from the plan agreed upon by the A /E, C'M and the City.. The total. GMP.. Amendments will comprise the entire Project. The City anticipates . the following Phases for the Project:: Phase One Demolition of existing b ildingr inclusive ,of site and providing temporary power and mobilizing construction trailer. Phase Two: Construction of new Property Management Facility: 1.37 Schedule of Values: The term "Schedule of Values shall mean the. schedule of values, setting forth the detailed cost breakdown, including labor, 'materials'and waxes, of the GMP set forth in the applicable. GMP Proposal,. the sum 'of which, shall not exceed the GMP: 1.38 Scope of the Work The term "Scope - of the Work" shall mean all services, labor, materials equipment, operations and construction management services that are indicated in, or reasonably inferable from the Contract Documents. 1.39 Specifications: - The. "Specifications" consist, of any and all written requirements for materials equipment, construction systems, standards and workmanship for the . Work which are identified as the Specifications in - the G.MP Amendment, Contract Amendment(s), or Construction Change Directives) issued and executed in accordance with the Agreement:.. .1.40 Subconsultants: 1.40.1 A "Subconsultant" is, a person or entity which has a direct contract with -the CM to perform or supply a .portion .of;the Work and the term includes such Subconsuttant's authorized representatives. CM shall_ obtain prior written approval of the City prior to changing or modifying :the subconsultants and other professional associates. Any such services performed by any Subconsultants shall be passed through to - City without additional charge by. the CM.` All such work shall be itemized on invoices from such Subconsultants, showing work performed and charges incurred. 1.40.2 The CM represents to the City that 'it has made and will make reasonable investigation of all Subconsultants to *be utilized in the performance of work /services under this Agreement to determine that they possess. the skill, knowledge and experience necessary to enable them to perform the, work /services required. Nothing in this Agreement shall relieve the CM of its prime and sole responsibility for the performance of any work /services under this Agreement. 1.40.3 .All rates, multipliers and any other fees charged by any Subconsultants -shall be not more than those rates, multipliers and other fees in any contracts that any such Subconsultants may have either with the , City directly or as a Subconsultant under some other City agreement or more than whatis typically charged in the industry. 4.40.4 CM shall bind each and every approved Subconsultant to"the terms stated, in this Section and shall " require,the proper licensing of such Subconsultants. 1.40.5 If any- of'the services outlined in this Agreement are. furnished by CM ,by obtaining the services of - Subconsultants, CM shall provide City with proposals and contracts between the Subconsultants and CM 7 outlining the services to be performed and the charges for same, together with any other documentation required ` bY_ City. 1.41 Substantial Completion: The term - "Substantial Completion" is as defined in the Contract 'Documents, as same may be amended: 1.42 Substantial Completion Date: The "Substantial Completion Date" shall mean the date which - the WE certifies to the City by means of a certificate of Substantial :Completion as the date when the. CM has achieved completion of the Project (or any phase thereof) in accordance with the General Conditions of the Contract Documents and applicable laws and the City of Miami Beach Building Department 'issues a Certificate of Occupancy (CO) or (Certificate of Completion(CC). for Renovation Projects :) Notwithstanding the preceding, -if a situation arises beyond the control of the CM, and the, issuance of a Certificate of Temporary Occupancy (TCO) is granted by the. Building Department, then the City may deem at its sole and reasonable discretion that' the Project (or any phase thereof) has been Substantially Completed_ 1.43 Substitutions: if a certain brand of materials, products, equipment or. system, is specified Jn the Construction Documents, it is required .for the purpose of establishing -a level of quality desired or purpose designated. Should CM find it necessary or desirable ,to use a materials, products, equipment or system other than that specified, the CM, shall secure from the City, through A/E Written approval for the use of the alternate materials, products; equipment or system. The CM shall make such request,."in writing, .not later than. forty -five . (45) days after the award of the Contract and before ordering any materials, products, equipment or system requiring approval The City is not obligated to consider Requests for . S.ubstitution or resubmittal of previously rejected substitutions after forty -five (45) days of Contract award. The City is not obligated ,to approve Requests,,, for Substitutions and has the discretion to require CM to provide the materials, products, equipment.'or systems as. specified in the. Construction Documents. In no case shall_ the CM 'be entitled 'to 'additional time and /or money arising .out of City's,failure -to approve Requests for Substitutions. 1:43.1 Requests for Substitutions shall be. submitted as follows: a): Submit five (5) copies of the Request to A/E. b): Describe in detail (complete with test reports, catalogs,: brochures and black or blue line prints of drawings) the material, equipment; product or system and changes or adjustments to other Work affected. Submit.samples when requested: CM is responsible for denoting all instances wherein the, proposed substitution differs from the item specified. c): Include "cost breakdown" of item specified and of proposed substitute for which request is made. Include costs of adjustments to other Work affected. Include any variation in operating, maintenance or replacement costs, and length of time product has-been: available on the domestic market: .. d): State amount deducted or added to Contract amount or state i „ no change" Contract amoun t. The City's decision on approval or rejection of a Request for Substitution will ..be final. Approval or rejection of a request will be based in part on A/E's opinion as to adaptability, durability, quality, aesthetics, contract amount change, life cycle functions or other considerations the City determines appropriate as compared to the specified _ 8 or noted item(s): Should the City, during the :course of the Work, find it necessary or desirable 'to use a material, equipment, product or system other than specified; the City shall notify CM, in, writing. Should CM accept the . proposal without a change in Contract price or time, it shall be considered an approved substitute: If A/E requests a sample of a specified material, product, element of work or approved 'substitute, Construction Manager.shall provide same.' If the sample is approved, all subsequent materials used in the'Work shall be equal in every respect to the sample. if the sample. is not approved, the CM shall provide,,an acceptable sample. . 1.44 Taxes: The term "Taxes" shall mean all taxes related to the performance of the Work or any portion thereof, including but not limited to, all sales, consumer, ' occupational, excise, social security, unemployment compensation and similar taxes. 1.45 Mork: The term "Work" means all supervision, labor materials and equipment required by the .Contract Documents to be provided by or through the CM:for the entire Project and.all other services - necessary to fulfill the CM's obligations hereunder to perform the Scope of the Work, including, as context may require, any r portion of the Work with_ respect to the Project: The uncapitalized term work is used in its ordinary sense. 1.46 Proposal Documents: (Intentionally Omitted). 1.47 Force M'ajeure: " . Force Majeure" shall -mean any delay.. occasioned by superior or irresistible force(s) occasioned by violence in nature without -the interference of human agency such as" hurricanes; tornados, flood and loss caused by fire and other similar unavoidable casualties; changes in federal law, 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 City and the .CM 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`.48 Value Engineering; Value Engineering is a project evaluation technique used during the design.. phase which seeks to reduce costs and /or increase value by analyzing the functional requirements of .a project's materials, methods, components and :subsystems consistent with specified performance reliability, maintainability, aesthetic; safety, and security criteria to ensure that. it provides the. best use of available project funds ARTICLE II RELATIONSHIP OF CITY AND CONSTRUCTION MANAGER 2.1 The CM accepts the relationship of trust and confidence established between it -and the City by this Agreement. The CM represents that it will - furnish its best skill and judgment in performing the CM's services and the Work, and shall always act to further the interest of the City in the expeditious completion of the Project, at the lowest responsible cost to the City, and in strict accordance with the Contract Documents and _prudent and customary construction practices. - 9 City and warrants and represents 2.2' By signing this Agree'ment,'the CM accepts a fiduciary duty with the to the -City -that the CM: ; a): has all Licenses and certifications required by applicable"law to perform the CM's services and the Work; b): is experienced in all aspects of preconstruction and construction planning for projects similar to . the�Project;. c): will:act in the City's highest and best interest `in. performing the CM's services and the Work; and d) that no employee or affiliate of the CM, including all subconsultants; subcontractors. and suppliers, at any tier has been convicted-of a public entity crime, pursuant to Section 287.133, Florida Statutes, within the' preceding thirty- six.(36) months from the date of execution of this Agreement. The CM acknowledges 'and agrees that the City is relying. on these representations and covenants as a . material inducement to enter into this Agreement. ARTICLE 111 THE CONSTRUCTION MANAGER SERVICES 3.1 GMP. Amendment: The parties are entering into this Agreement. before Contract Documents are sufficiently to establish. the, GMP; therefore, it is anticipated that one or. more. GMP Amendments will be.. executed to establish the GMP and incorporate subsequent documents that'fully "" describe the scope of the Work included.in the GMP. Each such Contract Amendment and additional Contract Documents,shall become'a part.of .this Agreement as if fu11y set -forth herein. Following the issuance of the initial Notice to Proceed from. the City; the GMP - for the Project must be established no later than, 200 calendar days from the date, the City issues a Notice to Proceed-to the A/E, for Task 2- Design Services of Schedule A, of the A/E Agreement'l(see attached. Project Schedule in Exhibit otherwise this Agreement shall terminate pursuant to Article VI herein. The : City ' that the Project will be phased and that each phase, as set. forth below, will require a : separate GMP Amendment. The total GMP Amendments will comprise the entire Project. Phase One: Demolition of existing building inclusive of site and .providing temporary power and mobilizing construction trailer. Phase Two: Construction of new 'Property Management Facility. 3.2 The services of the CM .shall include, but are not limited to, those described or specified herein.. The services described herein shall not be deemed to constitute a comprehensive specification having the eff ect of excluding services not specifically mentioned. The CM's .services shall include, without limitation, all .of the P- reconstruction. Services set forth in this Agreement and, upon approval by the City of the GMP, and as contemplated in the GMP Amendment (or Amendments), and such other amendment(s) as necessary to fix and describe the parties' respective rights and responsibilities with respect to the Work and the ' Project, all - of the Construction Services required' to complete the Work in strict accordance with the Contract Documents, and to 10 deliver the Project to the City at or below the GMP,. when established; and within the Contract time: 3.3 Pre-Construction Services `. 3.3.1 Generally:, The. CM shall. review Project requirements, existing on -site and off -site development S urveys and preliminary, budget, and make recommendations t0 -t City for .revisions, The Construction Manager shall prepare. a preliminary Project Schedule in .accordance with the. Contract Documents and in coordination with the_City and the A/E, identifying all phases,_ critical - path activities, and critical duties of each of the Project team members. The CM shall at each remaining design phase (i.e. Phase 17-(30 %), Phase' ll- (60 %0), Phase III- (100 %), review the plans and advise.the City and the A/E regarding the, constructability of the design, and of any errors, omissions, or conflicts it discovers_ The CM shall prepare an outline of proposed bid packages' and detailed cost estimates, and advise the City regarding trends in the construction and labor markets that�may affect the price or schedule of the Project. The CM shall attend all-Project related meetings. The CM's Preconstruction'Services shall be provided, and the City shall compensate Construction Manager for such services, `based upon a fixed fee, in the amount of $44,713 representing the CM's total fee. At the. conclusion of the Preconstruction Services, the CM shall, without assuming the duties of the A/E, warrant to the City,: that the plans, specifications, and other Contract .Documents are consistent,' practical, feasible and constructible, and that the Project is constructible' Within the Contract Time. ARTICLE. IV DUTIES AND RESPONSIBILITIES The CM shall.perforrri the following responsibilities and duties: 4.1 All CM procedures, recommendations, documentation, record retention, . etc. must conform . to the Project requirements including applicable sections of the City's procedures, AE's procedural manual; master specifications; general conditions of the Construction Agreement; (and other) applicable codes, regulations and procedures that may be required at the State, County., City or any agency; utility..or similar governmental entity. 4.1.1 Develop, for City approval and for full compliance by CM, of 'a Project specific procedures manual detailing . the entire, Project process, including at minimum the following: a) Exhibit 1, (GMP Amendment); Exhibit II (Schedule);. Exhibit III :(Declaration); Exhibit IV (Sworn Statement Section, 287.133(3)(a)FS on Public Entity Crimes; Exhibit V (Questionnaire); Exhibit VI (insurance Checklist);. Exhibit VII (A/E Agreement); Exhibit-.VIII (General Conditions of the Construction Contract); Exhibit IX. (Best Value Amendment); Exhibit. X. (Qualification .Submittal : Documents);and this Agreement. b) Construction coordination, scheduling, communication and documentation, procedures among the CM, the A/E, subcontractor(s), subconsultant(s) and other departments or organization's. who require coordination with and /or input into the Work. c) Project reports (monthly). d). -Request for Information. 11 e), Contract Amendrnent(s) process. f) Shop Drawing submittal. g) Project closeout. Said procedures. manual to be presented no later than with first application for payment. 4.ZCoordination and Scheduling 4.2.1 Coordination with A /E: CM shall maintain an ongoing working relationship with the A/E.. However, nothing in this Agreement shall be construed to mean that the CM assumes any of the responsibilities or. duties of the A/E.. The CM shall be solely. responsible for construction means, methods, techniques, sequence and procedures used in the construction of the Project and for the safety of its personnel, property and its operations for performing in accordance with the CM's Agreement with the City.., The A/E is responsible for the requirements of the "Project,. as indicated in'the Agreement between the .City .and the A/E. .The CM's services shall be rendered compatibly and in cooperation with. the A/E':s services to the City. It is not. intended that'the services of-the A/E and the CM be competitive or duplicative, ,but rather be complimentary, 4.2.2 Scheduling: The CM shall meet immediately upon execution of this Agreement with the A/E and City representatives to review A/E Agreement (final) and the Project, as referenced in Schedule D of the A/E Agreement. The CM shall ensure that the parties jointly review, modify as necessary, and agree to a single design schedule, to be called the. revised most current schedule to the A/E Agreement. This schedule shall be submitted to the�City- within fourteen (14) days of execution of this Agreement. Should the parties not be able to reach final, agreement on a revised schedule for purposes of the Project, which include(s) .a schedule for all CM, services, which the CM believes to be fair, reasonable, and , in the. best interest of the Project. The City shall then determine What schedule is to be utilized, and the City's decision with regard to same .shall be final,, and binding upon the, parties. . .4.3 Design Phase 4.3.1 Review of Design Documents: The CM shall review the design documents and make recommendations to the City*and to the A/E as to constructability, cost, sequencing, scheduling, and the time of construction, as to clarity, consistency and coordination of, documentation. The recommendations resulting :from such review will be provided to the City and A/E in writing and as notations on the design' documents. This review.. and the 'accompanying writing notations shall be submitted with the documents for .review by the City at each Phase of design review as noted in the A/E Agreement (Exhibit'Vll). 4.3.2, Responsibillity: The CM, as a result of the above -noted review of the design documents. and recommendations provided to. the City, shall utilize its best efforts to assure the coordination of drawings.with the._ .-written specifications. This includes but is. not limited to, the CM's review. of the construction documents in coordination of the drawings and specifications themselves, with the existing buildings and sites to ensure proper coordination and constructability and lack of conflict, and to minimize unforeseen conditions.' The CM shall, during this phase, be responsible for the proper identification and location of all utilities, services, and other underground facilities which may impact the Project. The CM specifically agrees that no Contract Amendments shall be requested by the CM or considered by, the City for reasons' involving conflicts in the documents, , . 12 questions'.of .clarity with regard to documents, incompatibility, or conflicts':between the documents and. laws, the existing conditions, utilities, and unforeseen underground conditions: 4.3.3 Preliminary Scheduling: The CM will submit to the A/E for :comments and to the City; for approval, a proposed schedule for the Project at the time the Phase 111 -100 %0 Construction Documents are to be submitted .to the City for review_ That schedule shall include, such bid and construction activities as well as reasonably outline the approach the CM intends to take for the Project:- This requirement is in addition - to any other scheduling requirements which may be contained in the contract documents and shall. be compatible with same. The `CK shall include. in the above -noted .schedule a proposed construction sequencing plan for the Work.. 4:3.4 Estimating and Cost, Control: The.. CM shall prepare detailed cost estimates and updates throughout: the design phase leading up to bidding phase of the. Project. The CM shall submit same with the submittal of each phase of design review in accordance with the most current Schedule D of the A/E Agreement • and..at such other, times as it may be requested by the City. The estimates by the CM shall show the estimated . amount.of`the GMP. They shall be in such detail as the City may ,require, and .shall. not exceed the construction budget of $3,608,823(Budget). a) Should the CM's estimated GMP exceed the Budget, the CM shall include with` said estimate written suggestions for bringing the Project within Budget. The, City, at its sole option, may adjust the Budget or Jt may direct the .CM to coordinate with the A/E to reduce the estimated cost of the Project through Value Engineering, re- design by the A/E, : re- estimating, obtaining additional - pricing, scope reduction and /or other at no cost to the City; or it. may choose to continue.. under subparagraph (b) below.. b) The City shall determine, after receipt and review of each estimate, :whether the CM shall .continue to °perform..the services of the Agreement without requiring adjustment of the most current CM- estimated. GMP. The City may, at its sole option, determine to proceed with the Project without Budget. adjustment or any other change to the Project. This shall in no way .obligate the City to .accept the CM's GMP Proposal whether or not it is within the estimate or whetheror not it is within the Budget. The City in this. and , all cases may reject the GMP at its sole discretion, and proceed' to exercise its options as identified in - this Agreement. c) The CM and A/E shall advise the City immediately when the-A/E.-or CM estimate exceeds the Budget. 4.3.5 General Coordination: The CM shall coordinate with and include activities in both the schedule referred to in this Section and other schedules required 'in the. Contract Documents the work of consultants, testing labs, and. other consultants employed by the City as well as the reviews required by City and other, agencies and the A/E. 4.3.6 Permits and Fees: The CM will be responsible for coordinating with the A/E the submittal of all required documents for permits including without limitation, any.required revisions and re submittals necessary to 13. obtain a permit, from the City of Miami Beach Building, Department. CM shall be responsible. for obtaining - and all, permits and paying any and all related fees for the Work. The City shall not pay the CM any. additional sums beyond the Preconstruction Services Fee and GMP for these services, Fees for building permits issued by the City of Miami Beach shall be waived. Fees for other permits shall be the responsibility.of the.CM. 4.3.7 (Intentionally Omitted) 4.3:8 Memorandum of Changes: The �CM shall -submit.to the. City the CM's Memorandum of Changes in sufficient time and as schedu led :so. it may be reviewed by the A/E and the City against the Contract Documents and any corrections, modifications, additions, 'or changes be incorporated -prior to commencing.the,Bid and Award Phase. The Memorandum of Changes shall in a summary of all recommendations made by 'the CM in - fulfilling the CM's duties with regard , to the Contract Documents. 'The CM shall identify any, recommendations not incorporated into the documents. The City shall either direct that same be incorporated or explain in writing why th*e recommendation is rejected. 4.4 Bid and Phase 4.4.1 Prequalification. The CM shall .prepare a subcontractor's prequalification plan in compliance with the requirements currently: determined by the City. The CM -shah submit to the City.the CM's list of pre - approved subcontractors for each element of the Work to. be subcontracted by the CM. This Fist shah be developed by the execution by the CM of the subcontractor 's.prequalification plan noted above The City reserves`.the right to reject` any subcontractor. proposed for any,bid to be considered by the C.M. Any claims, objections or disputes arising out of the prequalification plan or list are the,responsibility of the -CM. The CM shall hold harmless, indemnify, and' defend the City, its officers, employees, and agents, in any matter arising out of the- _pregu.alification .plan and /or the subco'ntractor's list, except where the sole cause of the` matter is a, City'directed decision. 4.4.2 Scope of Work - The.CM shall ,receive subcontract proposals which, when combined with the work the -.CM - intends to do with Jts own forces shall represent the entirety of the Scope of Work required of this Agreement: 4.4.3 Pre -Bid Conferences: The -CM shall schedule and conduct pre -bid conferences for subcontractors and the City to ensure the availability of such subcontractors, material suppliers, etc: for this- pre -bid conference. The CM shall be solely responsible for the content of the pre -bid conference; 4.4.4 Subcontract Bidding: The CM - shall schedule, in coordination with the A/E and the City, the acceptance, review and award of the bids to qualified responsive and responsible subcontractors. Said bids from . subcontractors shall be'. in writing and shall. be opened and reviewed with the A/E and the City prior to award by the CM. - 4.5 The Guaranteed Maximum Price 4.5.1 Calculation /Negotiation of the Guaranteed. Maximum Price: After, taking, reviewing and identifying the lowest acceptable bids from responsive and responsible subcontractors, the CM shall propose to the City, a Guaranteed Maximum Price, which shall be the sum of the proposed subcontracts and the CM's General Conditions (including any fee,: profit, overhead and all like amounts) and the agreed upon Contingency. The Guaranteed Maximum Price shall be the full and complete amount for.which the CM agrees to go forward 14 p _ from the receipt of subcontract bids to the full completion of the Project. 4.5.2 Acceptance of. GMP:. Upon acceptance and execution of. the GMP Proposal by the City, the :CM shall . enter into subcontract agreements with the subcontractors selected for the amounts included :in the GMP Proposal for that .s work, and shall function as a General Contractor and comply with the Contract Documents accordingly with regard to the Project .as well as a CM with regard to other services required ,by the Contract Documents. 4.6 Time of Performance : 4.6.1 Conformance with Approved Schedule: The CM shall perform all the duties required by this Agreement in such a way and time as to conform to the most current Schedule °D" of the A/E Agreement. 4.6.2. Review and Acceptance of Schedule :. In executing the Agreement, the . CM acknowledges specifically that the CM has reviewed the most current Schedule "D" of the A/E Agreement, has - given any necessary Jnputto the City regarding any need to modify that schedule. to accommodate the CM at Risk process,, and shall not be entitled to additional' time or money in order, to conform the CM services ,to that schedule. 4.6.3 Preparation and Delivery of the CM at Risk Schedule: Within fourteen (14) days of the effective : date of this Agreement, the CM shall present to.. the City a schedule for the CM's duties,, deliverables, and . requirements showing the start and completion of design phase activities to. be performed. by the CM. This schedule shall be in conformance with the most current Schedule. "D" of.the A/E Agreement: 4.7 ..PAYMENT BREAKDOWN PRE SERVICES . 1. Design Review, Constructability & Value s Engineering , $13,543 2. Review of -On -site & Off -site Conditions $3,395. . 3. Cost Estimating & Cost Controls $4 .. Scheduling $1,785 5 Bidding (GMP Submittal & Negotiations) $14,720 6. e- Builder License $2,400 7.. Contingency : $4;065 �8. TOTAL PRE- CONSTRUCTION SERVICES FEE .$44,71 15 4.7:1 Application Payment Submittal: The CM shall submit monthly an 'app n for payment for licatio the proportional amount of- Preconstruction Services Fee which shall be determined by dividing . the Preconstruction Services Fee by., the number of months from the . effective date ' of this Agreement - until the scheduled submittal ,of the 'GMP proposal by .the CM.. 'Delays to the schedule shall result .in re- calculation of the monthly application amount by dividing the amount of Preconstruction Services Fee remaining by the number of,' months currently remaining until .the first submittal of GMP Proposal. 4.7:2 Time Extensions: In the event the performance 'of the CM is .delayed , by reasons outside the CM's control', the CM `shall request in writing. an extension of time for the contract requirements of this Agreement. Said -' request for extension shall include a proposed revised schedule, and documentation as to the cause of the delay. The CM's sole remedy for delays which impact the time of performance of this Agreement shall., be `a time extension.. No damages for delay shall accrue to the benefit of the CM as a result of any delays to the ._.performance of this Agreement. Specifically, the CM.agrees'that.the failure of the A/E to maintain the design schedule shall be' non- compensable to the CM and CM's sole remedy shall be an extension of time: , 4.7.3 Extra Services Should the CM be requested or required by the.City to provide services which the CM believes are outside and /or in addition to the scope of-this Agreement, the CM shall within five (5) days of; being requested to perform such services, notify the City in writing of the CM's opinion that they are extra services -to this Agreement, the reason the CM believes they. are outside the scope of this Agreement, and the proposed costs, and impact, if any, for the performance of same. The City may direct the CM to proceed with such services pending a final' determination as to the-compensation. In such case, the. CM's right o consideration, shall -not be-waived by proceeding as directed. 4.8 City's Right - to Require Documentation and Audit. The .City may, as deemed necessary, require from the CM support and /or documentation for any submission. Upon execution of the Agreement, the CM .agrees that the .City shall have unrestricted access during normal working hours. to all CM's records relating to this Project including -.hard copy as well as electronic records for a period of three years after final completion: ARTICLE!/. GMP PROPOSAL AND ACCEPTANCE /REJECTION 5.1 Subcontract Bids The CM shall open subcontract bids from the pre- approved list of potential subcontractors at a time,and .place' scheduled with the City's. Project.Coordinator and such other City Representatives in attendance. The CM shall provide a summation and analysis of the apparent low subcontract bids including the identity of any apparent low subcontract bidders which the CM does, not wish to employ. Such identification and proposal of non- utilization by the CM shall require specific written reason for same.. 5.2 CM Fee, Profit, General Conditions, Contingency:: The .CM shall propose the amount to be included in the GMP for its General Conditions costs and the Contingency, as defined herein. The CM's General Conditions shall be a line item, included in, the Project's schedule of values and is to be paid on a monthly basis 16 according to the percentage complete of.the Project. 5.3 - GMP Proposal:. The sum- of Section 5.1 and 5.2 shall comprise the proposed GMP for the 'Project and ahall form the basis of negotiations between the CM and the City. A) The . City shall have the option of accepting or rejecting the GM.P as presented by the CM. Should the GMP be accepted; the GMP Amendment reflecting that acceptance will, be executed; and the. Contract Price increased by the GMP. amount, Should the GMP not be accepted,. the City may at. its option; b) Reject the GMP and direct the. A/E and CM to investigate,,, redesign, develop for City. approval value engineering possibilities, and .other cost savings and to -.re- submit a new lesser,. proposed GMP." This may at the City's option, include reduction in scope. All to be done at no additional cost to be City. c) Reject the GMP, take possession of the plans and specifications, and bid the 'work to a General Contractor or otherwise complete with other forces or take such action,. any, that the City may .determine is in its. best interest. In ..this event, the CM. shall not perform nor be compensated for," any services on the Project beyond the agreed"' Pre-Construction Services .Fee herein'. 1n the event any option under -this :subparagraph is chosen by the City, the, CM Js obligated to immediately turnover to the ".City all plans specifications and other project' related documentation, d) If and when accepted by the City, - the GMP shall'be formalized by'the execution of the GMP Amendment (Exhibit 1): - 1"e) The City shall determine, after .each - negotiation session, unless agreement is reached, if further negotiations are warranted. If not, the negotiations. shall be declared not to be successful . and the City shall take possession and .oWnership' of all documents produced for the design and bid Phases, .Pay the CM any " remaining undisputed fee, and proceed under the requirements noted under this paragraph, and the City and CM. shall be °mutually released. from any further obligation each to the other. f) The City shall have no obligation to accept the GMP Proposal of the CM regardless of that Proposals' relationship to the Budget or the most current estimate or for any other reason. g) Should.'the Construction Manager realize any savings from the negotiated. Schedule of -Values, the City shall receive 75% of said savings with no .line item. integrity. The City reserves the right to audit all contract related documents at any time during the Project and at the - end of the Project. ARTICLE VI TERMINATION 6.1 Termination for Cause The City may terminate this .Agreement for cause in the event that the CM (1) violates any provisions of this Agreement or performs same in bad faith; or (2) unreasonably delays the performance of the work /services contemplated under this Agreement (hereinafter referred, to in this Article VI as the "Services "), and CM; fails to . 17 cure same within thirty (30) days following written notice to CM. In that event, such, termination shall become effective, upon seven (7) days written notice to CM 6 1 >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 orotherwise. 'In such event, the CM 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 CM hereunder had the Agreement not been terminated. 6.1.2 Payment only for Services satisfactorily performed by the CM and accepted by the City prior to receipt of a. Notice of Termination for Cause, shall be made in accordance with this Article.VI herein and the City shall have 'no further liability for compensation, expenses or fees to the CM. 6:1.3 Upon receipt of a written Notice of Termination, the CM 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. 6.1.4 In the event of.a termination, for cause,. no payments to the CM shall be made (1) for Services not satisfactorily performed, as same shall be determined at the City's option and discretion; and (2) for assembly of submittal of documents, as provided above. 6.2 Termination for Convenience The City, in addition to the rights and options to Terminate for Cause, as set forth above., 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 Jt deems such termination. is in the best interest of the City, upon. notice to CM, in writing, fourteen.',(14) days prior to termination. 6.2.1 In the event the City terminates the CM's Services for its convenience, as provided herein, the CM 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 . VI -.herein, and the City shall' have no further liability for compensation, expenses or fees to .the CM, except as set .forth in this Article VI. 6.3 Termination by CM The CM 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, and has failed to cure same within thirty (30) days following written notice from the CM. In that event, CM - may terminate this Agreement upon written notice to the City, which termination shall become effective thirty -- (30) days from the date of said Notice. In that event, payment for Services satisfactorily performed. prior to the date of termination shall be made in accordance with this Article VI. 6.3.1 The CM shall have no right to terminate this Agreement for convenience of the ,CM. . 18 6.4 Implementation of Termination: In 1he. event. of termination, either for cause or for convenience, the CM, 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. City,. prior to their occurrence; .(3)' terminate all orders and subcontracts to the extent that they relate. to the performance. of the Services terminated by the Notice of Termination; (4) promptly assemble and . ..submit' as provided herein, all documents, for the services performed, including .drawings, .calculations,. specifications, correspondence, and all other relevant materials affected 'by the termination;, sand (5) complete performance of any Services as shall not have been terminated by the . Notice of Termination and as specifically set -forth therein_ 6.6 fNon- solicitation: The CM warrants that. it has not or retained any company or person, other than an employee working " solely-for -the. CM, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or Y ' other. person any fee, commission, percentage, gift or other consideration contingent upon or resulting from the' award or execution of this Agreement. For: breach or violation of this warranty, the City has the right to terminate this Agreeme Iiability:to.the CM for.any reason whatsoever. ARTICLE VII v ]NDEMNIFICATION 7.1 CM shall, at all times hereafter,, indemnify, hold harmless and defend the City, its officers, employees, contractors and /or agents from.and against any claim, demand -or cause of action of any kind or nature arising out of the negligent act, error or omission of CM, its officers, employees, contractors (including, without limitation., Subconsultants), and /or agents, in the performance of any work and /or services under this Agreement. 7.2 In the event that CM abandons this Agreement or :causes it to "be terminated by City, CM shall 'indemnify, hold - harmless and defend. the City, its officers; employees, contractors and /or agents .against any loss pertaining to such termination. 7.3 CM hereby affirms that it shall be responsible forthe acts, errors and omissions of its Subconsultants and it shall indemnify, defend and save harmless .the City, "its officers,, employees;. contractors and agents from any and all claims by'third parties which may arise on account of services rendered by Subconsuitants. 7.4 The provisions of this Section shall survive the expiration or earlier termination of this Agreement. ARTICLE VIII - MISCELLANEOUS 8.1 Ownership of Documents: All finished, or unfinished documents, data, studies, . surveys, drawings, maps, models, photographs and reports prepared or provided by CM in connection with this Agreement shall become, the property of the City, and shall be delivered :by CM within ten (10) days after receipt of written notice. Any re -use of documents by City without written verification or adaptation by CM for. the specific purpose intended will be without liability to CM. . 19 8.2 Records: CM shall keep such records and accounts and require any and all CM and Subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project, and any expenses for which CM expects to be reimbursed. All books and records relative to the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept by CM in accordance with such statutes. 8.3 Equal Opportunity Employment 8.3.1 CM agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, disability, or sexual orientation and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to sexual orientation, race, color, religion, sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or compensation; and selection for training, including apprenticeships. CM agrees to furnish City with a copy of its Affirmative Action Policy. 8.4 Public Entity Crimes Act In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a CM, 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 CM, supplier, subcontractor, or subcontractor 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 CM shall result in cancellation and may result in CM's debarment. 8.5 (Intentionally Omitted) 8.6 Assignment This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CM, under any circumstances, without the prior written consent of City. 8.7 Insurance The CM shall comply throughout the term of this Agreement with the insurance requirements stipulated herein. It is agreed by the parties that the CM shall not commence with work on the Project until satisfactory proof of the following insurance coverage has been furnished to the City. The CM will maintain in effect the following insurance coverage: ; (a) C0fnpVensiKe GPrteral LlabiliteInsurance in the amount of $1,000,000.00 Single Limit Bodily • • • . • . • • • % f • ` I . 444rrr •••• 0600 0 0 000 �aJ�� v - / 2 - 13 - J] 20 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. (b) Worker's compensation and employer's liability coverage within the statutory limits of the State of Florida. (c) Business Automobile Liability Insurance with minimum limits of one million dollars ($1,000,000) per occurrence combined single limit for bodily injury liability and one million dollars ($1,000,000) per occurrence for property damage liability. Coverage must include owned vehicles and hired non -owned vehicles. The City must be named an additional insured in this policy. 8.7.1 The CM must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage to the Project Coordinator. 8.7.2 CM shall provide to City a Certificate of Insurance or a copy of all insurance policies required by this Section. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that City shall be given thirty (30) days written notice prior to expiration or cancellation of the policy. Should CM fail to obtain, maintain, or renew the policies of insurance referred to herein, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by the City in obtaining same shall be repaid by CM to City, plus ten percent (10 %) of the amount of premiums paid to compensate City for its administrative costs. If CM does not repay City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12 %) per year until paid and such failure shall be deemed an event of default hereunder. 8.8 All Prior Agreements Superseded /Amendments This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8.9 Notices Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: •.• •.• . •.• •.• • . . • . . . • . : . jL °13-11 21 FOR CITY OF MIAMI BEACH Fernando Vazquez. P. E. Director, Capital, Improvement :Projects Office ..City of..Miami Beach 1700 ' Convention Center Drive Miami Beach, Florida 33139 FOR CONSTRUCTION MANAGER; Michael S. Geary Executive Vice President James B. Pirtle'Construction Co., Inc., dba Pirtle Construction Company 5700 Griffin Road, Suite 200 Davie; Florida, 33314 8.10 Interpretation The'language of this Agreement has been agreed to.by. both parties to express their mutual intent and no rule of strict construction shall be.applied against either party. hereto. The 'headings contained in this Agreement are reference purposes _only and shall not .affect in any. way. the meaning. or' interpretation of this All, personal pronouns used in this Agreement shall include :the plural; .and vice versa, unless the context otherwise requires. Terms such.as "herein," " hereof, "hereunder," and "hereinafter" refer to this Agreement as a whole and not to an articular sentence, paragraph, or section where the a ear unless the .context otherwise requires., y .p Y pP Whenever is made 'to a Section or Article of this Agreement, such reference is to'the Section or Article `. - as a whole-, including - all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such`Section.or Article: $.11 Protection of Records ',CM shall protect from harm and damage all data, drawings,. specifications, designs models, photographs, - reports, surveys and other .data created or provided in connection with this. Agreement (collectively, City Property), while such data and materials are in , CM's possession. Such duty , may include, but is not limited to, making .back -up %copies, of all .data stored by electronic device on an media 'taking reasonable actions to', dams e b Y Y Y 9 9 . i impending flood or storm (including,, but not limited to, removing the City Property, to a safe location), and establishing and enforcing, such security measures as are reasonably .available, considering the customary practice within CM's trade or possession. 8.12 Exhibits and. Attachments In the event .of conflict between the terms contained- in this 'Agreement and the terms. contained . in any of the documents attached - or. incorporated herein, the terms of this Agreement shall control and shall be given full effect.. 8.13 Observance of Laws Throughout the term of this Agreement, the CM shall, keep fully informed of -all federal,, state and .local laws, ordinances, codes, rules, and regulations, and all orders, and decrees of bodies or tribunals having Jurisdiction, or authority which, i.n any manner, affect work authorized under the terms of this.Agreement, and shall further take into account aII' known pending changes to the foregoing of which it should be reasonably aware.. The CM shall, at all times observe and comply with all such laws, ordinances, regulations orders, and decrees. 8.1 4 Agreement Severable: No Waiver . In the event any provisions of this Agreement shall' be held to be, invalid .and unenforceable, the remaining provisions shall be valid and binding .upon the parties: One or more - waivers by either party of any provision, -term, condition Or covenant 'Shall .not be construed- by the .other party as a :waiver of a subsequent breach of the same bythe other party.: 8.15 City's 'Own Forces The City reserves the right to. perform construction and operations related to: the Project with the City's own forces, and to award contracts in connection With. Project which are not part of the CM's responsibilities under this.Agreement:.: .8.16 Governing Law -and Exclusive Venue This Agreement .shall be governed by, and construed in accordance with, the laws of the State. of Florida, both substantive and remedial, without regard .to principles of conflict of'laws.. The exclusive venue.for any litigation. ` arising - out of this Agreement shall -be Miami -Dade County, Florida, 'if in state court, and the U..S. District .Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CM 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: 8.17 Limitation of Liability 8.17.1 The City: desires to enter into this Agreement oniy 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 fee paid to CM herein; less any sums paid by the City. CM hereby expresses its willingness - t&-enter : into this Agreement with CM's recovery from the City for any .damage action for breach of contract to' be limited Jo: a maximum the .fee. paid to CM herein, less any sums paid by the City.. Notwithstanding anything to the contrary in this Agreement, the limitation of liability in this Article ,8.17.1 shall only. apply, to .Preconstruction Phase Services. _ 8.17.2'Accordingly and. notwithstanding,any other term or condition of this Agreement, CM hereby- agrees - that the City shall not be liable to CM for damages in an amount, in excess the fee paid to the CM herein, less.any sums .paid .by' the City, for any action or claim for breach of contract arising out of the performance or 'non- performance of any obligations imposed upon.the City by this Agreement. Nothing contained in this subparagraph or elsewhere in'this Agreement is in any way intended to be a waiver of the (imitation placed upon City's liability as set forth in Section 768.28,, Florida Statutes. Notwithstanding anything .to the contrary in this Agreement, the limitation of liability in . this 'Article: 8.172'shall only apply to Preconstruction Phase Services. 2 3 -8.17.3 Ln no event shall either party be liable for any indirect, incidental, , special, or consequential damages,Jncluding, without limitation, loss of profits, revenue. or use incurred by either party or any, third party, whether; in an action 'in contract or tort, even ,if the other party or any: other .person has been advised .of the possibility of such damages. (Remainder of this page left intentionally blank); . � p 9 Y . 24 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written.. ATTEST: THE'CITY OF MIAMI BEACH Robert.Parcher City Clerk Mat Herrera Bower, Mayor •ATTEST: Construction Manager: James B. Pirtle Construction CO.,, Inc., dba Pirtle Construction Company . Florida .Contractor .License: ,(CGC001110). B By: Darrell Lipman, Trea rer / Secretary Michael S. Geary; Executive Vice Presi n APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION f tt rney Date 25 EXH IBIT .I D RAFT GMP AMENDMENT No. "EXHIBIT 1" TO:THE AGREEMENT FOR PRE - CONSTRUCTION SERVICES BETWEEN 'THE .CITY OF MIAMI BEACH; 'FLORIDA, AND (INSERT NAME, OF ' :CONSTR , TfON :..MANAGER) FOR CONSTRUCTION MANAGER RISK SERVICES PURSUANT TO RESOLUTION NO. (INSERT �RESO #) {ENTITLED "CONSTRUCTION MANAGEM RISK PRE CONSTRUCTION SERVICES FOR THE INSERT NAME P OJEcrjj THIS GMP AMENDMENT NO. , 'made and - entered into as. of this day- of . {"GMP Amendment No F..._ ") amends that certain Agreement between ,Owner . the CITY OF MIAMI BEACH, FLORIDA . (also, City) and Construction, Manager, (Insert' Narhe .,. Construction; Manager), (hereinafter 'Construction Manager or CM), made as of the day of , for'the following described Project: (Insert I?ro�ect Name, address and legal description WHEREAS, the Owner` and the. . Construction Manager have agreed to amend the Agreement in the. manner set forth herein: NOW, THEREFORE, ,in consideration of the mutual 'promises and covenants contained :herein, in the Agreement and. the other Contract Documents and for such other good and valuable consideration, the receipt and sufficiency of.which is - hereby. acknowledged, the Owner and the Construction Manager do hereby agree as , follows: . 1. This GMP Amendment' No., is executed in connection with, and is ' deemed to ' be part of the Agreement and the Contract Documents. Wherever the terms of this GMP Amendment No. and the. terms of. the Contract Documents are. in conflict, the terms of this GMP - Amendment No. , shall govern and control_ The terms used herein, unless. otherwise defined in this GMP Amendment No. shall have the meanings ascribed to them in the Contract Documents. 2. The following are hereby incorporated into the Contract Documents and made part thereof: a. The construction documents listed on Attachment], attached hereto,. which are made a part of the Contract Documents by this reference (the "Construction Documents "), and -b. The specifications listed on Attachment 11, GMP Amendment No. , attached hereto, which specifications are made a part of the Contract Documents by this reference (the "Specifications");: and c. Those documents listed on Attachment III, Additional Contract :Documents, refer to the executed pre- construction services agreement, attached, hereto, . are made a part of the Contract - Documents by this reference; and d. Those 'documents listed. on Attachment IV, GMP Amendment N'o. GMP Book. 2 inclusive Hof Constructioh Manager's Proposal, Qualifications and Assumptions attached hereto, are made a part of the Contract Documents by this reference; and e. Those' documents listed on Attachment V the Construction. Manager's Salary and Wage Schedule attached hereto, are made part of the contract Documents by this reference;, . and f. The Scope of the. Work for the Project, (Insert , Name ; of Project) contemplated in this GMP Amendment No, and, as described in: Attachment ' 1, GMP Amendment- No. is hereby incorporated into the Work; and g. T e Project Schedule will .be provided for this :Project and is set forth o'n Attachment VII GMP Amendment No. attached 'hereto; =are made a part hereof by' this reference; and - h. The Construction Manager's Onsite Management and Supervisory. Personnel fora this Project shall be set forth herein, and incorporated �as.Attachment Vll.to this Agreement. , is The date of Commencement for the construction of the Project (Insert Name of Project).in this GMP Amendment No. ,shall commence upon the issuance of Notice To Proceed (NTP) # 2, by the parties.hereto (.the "Date of Commencement "). j. The Construction Manager shall achieve Substantial Completion of the Work 'for this Project (Insert ';Name of Project) contemplated in this GMP Amendment No. , no Later than (Insert "Contract Time "). calendar days from the issuance of NTP # 2, the Date of Commencement (the "Contract Time "), and Final Completion, not later than thirty (30) calendar days from the date of Substantial Completion. Failure to meet either the Substantial Completion or ''Final Completion dates shall be a material breach of this Agreement and liquidated damages will be assessed thereinafter. k. Upon failure of the Construction Manager. to substantially: complete: the Work . contemplated in. this GMP Amendment No. , within the specified period of - time,, plus any approved time extensions, Construction Manager shall pay to 'the City the sum of $ (Insert per diem Lqudated Damages) for each calendar day after the time - specified in subsection 20) of this Amendment: 1. The Guaranteed Maximum Price' (GMP) for the Scope of Work" contemplated in this GMP : Amendment No. for the Project (Insert Name of I ,rd t,), is hereby guaranteed by : the Construction Manager not to' exceed the sum of (Insert GMP /Contract Amount) (GMP Amendment No. ), based upon the entire Scope of the Work as described in the. Contract. Documents, as amended herein, and including, but not limited to, the Construction Documents and the Specifications, subject ..only to additions and deductions by Contract Amendment(s) or Construction Change Directive, as provided in the Contract Documents. -The GMP for GMP Amendment No is more particularly itemized in the Schedule of Values. prepared in' accordance with the terms of the. Agreement, which 27 Schedule of Values, is attached hereto as Attachment VIII -GMP Amendment No. and madea part of the:" Contract'Documents by this'reference. Included'in the Schedule of Values. and tspedfically identified herein, the Contingency as defined in Article 1'.19 of the .Pre= Construction Services Agreement is, in: the amount of (Insert Contingency Amount), M. Should the Construction Manager realize :any .savings .from the negotiated Schedule; of Values, incorporated `as Attachment VIII he City shall receive 75% of said savings with no line item" integrity. The City reserves the right to, audit all contract related documents at any "time .durin,g the. Project and at the end of :the Project. n. The Construction Manager shall provide Commercial General Liability .Insurance; Automobile Liability Insurance, Worker's 'Compensation Insurance, and Bu"ilder's Risk Insurance in compliance with. the provisions of Article il; Insurance,and' Bonds of the General Conditions of the Contract for Construction. o. The Construction Manager,.shall provide the Public Construction Payment Bond and the Public Construction Performance and Guarantee Bond, in compliance with the provisions of ,Article 11, Insurance and Bonds �of the General Conditions of the Contract for Construction. B executin this -GMP Amendment No. the Construction Mana acknowledges . p�" y 9 er 9 -�, that it "-has ascertained 'and verified all existing underground utilities and has coordinated + 1 7 all correct locations for points of connection for all "utilities, if any, required for this Project and. has, identified all clarifications and •qualifications for this Project, if any. Utility - Locations shall be identified by - the. Construction Manager and all existing. . utility connections will be napped as needed, as noted. in the Qualification and Assumptions - Statement. q. To. the extent that the Owner has authorized "the Construction Manager, in ,writing, to perform the Work contemplated in this GMP Amendment. No. for this Project with the Construction' Manager's own. forces, the salary_ and wage - schedule ..for the Construction Manager's personnel performing such portion of the'Work, agreed upon by the City .and the Construction' Manager, shall be as set forth on Attachment V' GMP Amendment No. , attached .hereto, and is..made a part of the Contract Documents by - this reference. The Construction Manager warrants and represents that the salary and wage schedule includes the :Co mparable market rates .(including any a nd, all benefits, contributions and insurance) charged :by the Construction .Manager for comparable': contracts to other business and :individuals for similar services, and that such rates are not higher than the standard paid for this Project (Insert�Nam'e of�Prolect). r: Except. as expressly provided herein .above, all of the terms, conditions, -covenants, agreements and understandings contained in the Pre- Construction Contract Documents 28 (and as .may have been amended pursuant to GMP Amendment No. and this GMP Amendment No. J , shall remain unchanged .and in full force and effect, and the same hereby expressly ratified. and confirmed..by the City and Construction Manager.. S. This GMP Amendment may be executed in several counterparts, each of which shall` be deemed an original but all of which shall constitute one'and the same instrument. ;(Remainder of`this .page left..intentionally blank) . 29 IN; WITNESS WHEREOF, the parties have set their.hands and seals the day and year'first above written. ATTEST. THE CITY OF MIAMI BEACH Robert Parcher, City Clerk Mattie Herrera - Bower, Mayor ATTEST: : Construction Manager: James.B. Pirtle Construction Co.; Inc., dba Pirtle. Construction Company Florida Contractor License':, (CGC001110) By: By: . . Darrell Lipmah,'Treasurer / Secretary Michael Geary, Executive Vice President . - EXHIBIT] GMP AMENDMENT NO. ATTACHMENT I CONTRACT DOCUMENTS: THE CONSTRUCTION D000MENTS'DATED ATTACHMENT II CONTRACT DOCUMENTS: 'THE SPECIFICATIONS DATED ATTACHMENT Ili CONTRACT DOCUMENTS,: GENERAL.AN'D SUPPLEMENTARY CONDITIONS EXECUTED PRE = CONSTRUCTION SERVICES AGREEMENT.DATED ATTACHMENT IV, CONTRACT DOCUMENTS: GMP.BOOK: CONSTRUCTION VANAGER'S PROPOSAL' QUALIFICATIONS AND ASSUMPTIONS DATED ATTACHMENT -V CONTRACT DOCUMENTS: CONSTRUCTION MANAGER'S SALARY- AND WAGE SCHEDULE ATTACHMENT VI CONTRACT DOCUMENTS:.: PROJECT SCHEDULE DATED ATTACHMENT VII CONTRACT DOCUMENTS; ONSITE SITE MANAGEMENT AND SUPERVISORY PERSONNEL ATTACHMENT VIII CONTRACT :DOCUMENTS: SCHEDULE OF VALUES DATED EXHIBIT 11 PROJECT SCHEDULE '2 EXHIBIT III DECLARATION JJ- DECLARATION TO_ City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division l Miami Beach, Florida 33139 F Submitted this 9th day of May , 2011. The undersigned, as propose, declares that the only persons interested in this proposal are named herein; that no other person has any .interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other- person; and that this response is in every respect fair and made in good faith, without collusion or fraud. :.. _ ..The_ -P roposer a tees if .this - ._res onse is accepted, to -- execute- an appropriate Cit .of Miami _ P 9 P P Y _ Beach document for establishing a formal contractual relationship between the consultant and the._Gity_.of._Miami_.Beach,_ Florida,. for the performance - of all - requirements -to which -the response pertains. The Proposer states that the response is based upon the documents identified by the following number:.RFQ No. 21- 10/11. a AIGNATURIE Mike Geary t PRINTED NAME i Executive Vice President TITLE (IF CORPORATION) A i �e v ... - , OFF' :• _ - - May 5, 201,1 RFQ No:21- 10111 City of Miami Beach 38 of 54 Poge 58 . - 7 § t: .. EXHIBIT IV SWORN STATEMENT S.ECTION.287.133 (3).(A) FS ON PUBLIG ENTITY CRIMES. . _ 34 F - t SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. _ This sworn statement is submitted to The City. of Miami Beach [print name of public entity] B Mike Geary, Executive Vice President [print individual's name and title] For Pirtle Construction, Inc. [print name of entity submitting sworn statement] Whose business address is 175 SW 7 Street, Ste 1906,.'Miami, FL 33130 - _ And (if applicable) its Federal Employer Identification Number (FEIN) is 59 -1211364 (If the Entity has no FEIN, include the Social Security Number of the individual signing thi sworn. statement: --- ._- - - - - -, -- - --- -) _ ,... __- _- __--- � - - - -- - ---- --- - -- I understand that a "public entity crime" as, defined in Paragraph 287.133(1)(g), Florida Statutes, means 'a 'violation of any state or federal law -by_, al person with respect to and directly related to:the transaction of b "usiness with any business with •any public entity. . - with -an - agency or= political - subdivision of -any other.�state o.r .of_. the_ - United States, - _ncluding,_ -- _ but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political 'subdivision of any other state or of the United States and I involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought i by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or ! entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of .a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of -an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or. a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, i shall be -a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted Kill `I RFQ No: 21 -10/11 May 5, 2011 f , , 39 of 54 I City of Miami Beach {, ,,;._} -- - - - - -- . -__- . - - - - -- - - - - - -- Page 59 i 4 , of a public_ entity crime in Florida during the preceding 36 months shall be f considered an affiliate: I understand that a "person" as defined in Paragraph ' Florida Florida Statutes means, any natural person or entity organized under the-laws of any state or of United States with the legal power to,enter into a binding contract and which. bids or applies bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business, with a public entity. The term "person" includes those officers, directors, executives, partners lshareholders, employees, members, .and r agents who are active in management of an entity. Based on information and belief, the statement which I have marked below - is true in _ relation to the entity submitting this sworn statement. [Indicate which statement applies:] X Neither the entity_ submitting this .sworn statement, nor. any officers, directors, executives, partners, - ' _ shareholders, employees, members, or agents who are active in neither- 'the management of the entity;' nor any affiliate of the-.entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one. or - more of its officers,. directors, executives, partners,: shareholders; employees; members or agents who - are active in management of the entity or an affiliate of the entity .has, been charged with and convicted of a public entity -crime subsequent to July 1, 1989. - The entity submitting _thisTswQrn_statement_or_ one- -or. =- more -of- its - office rs directors--- --- --=— __- .�__.._�__�_._� -� . executives, partners, shareholders, employees, members, or agents who are active In -the management of the entity, or an affiliate of the entity as ty been charged. l with and convicted of a public entity, crime subsequent to July 1, 1989: However, there has been a _subsequent proceeding before a Hearing Officer of the- State of Florida,. Division -of Administrative He and the Final Order entered b the y hearing Officer; determined- :that_.it. was.. not , in the - public- interest -to interest submitting this sworn statement on the convected vendor list. [Attach a copy of the final order] . I UNDERSTAND THAT THE SUBMISSION - OF THIS, FORM TO THE CONTRACTING � OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1'(ONE ) ABOVE IS FOR THAT PUBLIC ENTITY ONLY:AND,.THAT THIS F ORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR, TO ENTERING INTO A CONTRACT IN' l �4 EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE iN THE INFORMATION CONTAINED _ IN THIS FORM. 5 .. , [$igna.ture] Sworn to and subscribed before me this C day of 1Y\n, ;`fig- ":�o 11 Personally known '+►' OR , Produced identification ` Notary Public - State of "� v . My commission expires (Type of Identification) {Printed typed or sf Notary - Public) l LAURA DUPY F. MY COMMISSION # DD 905986 € May 5, 2011 EXPIRES: August 20, 201:3 'E � City of Miami Beach 1 � * ° ,:. `�?; Bonded Thor Notaiy Public Underwriters RFQ No: 21 -10/11 � 0 of 54 r' 1 � Page 50 ----- - - - - -- a . a EXHIBIT V QUESTIONNAIRE QUESTIONNAIRE Proposer's Name: • Pirtle Construction Company Principal Office Address: 5700 Griffin Road, Suite 200. 175�SW 7 Street, Suite 1906 Davi FL 33314 Miami, FL 33130 Official Representative: _ . Mike Geary, Executive Vice President., Individual _ -_ - (Circle- One').'.-.-- _.._.. _.. -__ _. _ _ __. _._ _,_ if a ,Corporation, answer this: ---_._.- When Incorporated: - - �:- 1.9 68 - - - -- - - - - -- -- - - ---------------- - _ -- -_._._ - - - - ------- -- - - - -- - - - -- - - - -- - - - - - -- - _ __._T In what State:' Florida ., If=a- Foreign- Corpo ration: = Date of Registration with Florida Secretary of State: N/A Name of Resident Agent: • N/A Address of Resident Agent:. N/A , President's Name: James B. Pirtle - F Vice President's Name:. . • Mike Geary Treasurer's Name: Darrell Lipman d May 5, 2011 RFQ No: 21 -10/11 1 99 7 City of Miami Beach 41 of 54 ,., ' Page 61 t Members of Board of Directors: James B. Pirtle, Mike Geary, Jessie Brewer, LEED AP BD +C, Gary Pirtle LEER AP BD +C, William Ellis, LEED AP BD +C, Darrell Lipman . If a Partnership: N/A Date of organization: R N /A General General or Limited Partnership *: jj$f f N/A _Name-and.Address of Each _Partner_. _ ._ .. NAME ADDRESS - James 6. Pirtle-- ._ _.5700 - Griffin - -Road, Suite 200, Davie, Fl 33314___.... *. Designate general partners in a Limited Partnership N/A ' i� — it 1. Number of years of relevant experience in operating same or similar business: 43 years .2. Have any agreements held by Proposer for a project ever been canceled? Yes O No (X) If yes, give details on a separate sheet. i� 3. Has the Proposer or any principals of the applicant organization. failed to qualify as a responsible Bidder /Proposer refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? No If yes, please explain:; i t yy� ti 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivers h i p?Yes O No (X) If yes, give date, court jurisdiction, action taken, and any other explanation; deemed necessary on a separate sheet. May 5, 2011 RFQ No: 21 -10/11 City of Miami Beach 42 of 54 Page 62 5. Person or persons interested in this RFQ. and Qualification Form have ( ),have not AY .(X) been convicted by a Federal, State, County, or Municipal Court of any of -law, other than traffic violations. To include stockholders over. -ten percent 5 A ' t (� (10 %). (Strike out inappropriate words) } Explain any convictions: I. Not applicable 1 '6. Lawsuits (any) pending or completed involving the corporation, partnership or f individuals with more than ten percent (10 %) interest: A. ' List all pending lawsuits: None List aII judgments from - lawsuits - in the last. five years: None } p - r ' -- - --- = - - -C. - - - - - -- -List :any c rim inal -- violations - -- and%or--- convictions - -of- the - Proposer -- and /or - -- any – - - -- -- T —_- of its principals:. +' None" - 7. Conflicts of Interest. The following relationships are the only potential, actual, or I perceived conflicts of interest in connection with this Proposal: (if none, state same.) None i r li (r 8'. Public Disclosure. In order to determine whether the 'members of the Evaluation � {' Committee for this Request for Proposals have any association or relationships;: which would constitute a conflict of interest, either actual or perceived, with -any Proposer and /or individuals and entities comprising or representing such Proposer and in an attempt to ensure full and complete disclosure regarding , this contract, all Proposers are required to disclose 'ail'persons and entities who may ! a be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division. shall be notified in writing if any person . or entity is added to this list after receipt of Proposals: {f { None r . -. May 5, 2011 RFQ No: 21 -10/11 City of Miami Beach 43 of 54 s k F Page 63 .. � A � i �•s i' The Proposer understands that information contained in this Questionnaire wiil'be relied upon by the City in awarding the proposed contract and such information is warranted by the'Proposer to be true and'accurate. The Proposer agrees to furnish such additional information, prior to acceptance of any Proposal relating to. the qualifications of the Proposer, as may be required by the City Manager. 'The Proposer further er understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted. by the City, through the Miami Beach Police Department. By submitting this Questionnaire the Proposer agrees to cooperate 9 p to with this investigation, including but not limited- to, fingerprinting and providing information i fora credit check. PROPOSER WITNESS: IF INDIVIDUAL`: - - Signature t - - - - - - ._... - - ur - Signs e a 1., v° Print Name Print Name P WITNESS: . IF PARTNERSHIP: t P ' Signature 1t Print Name of Firm i Print Name Address'. - - _ By: General Partner A ATTEST: Print Name IP CORPOR +' CORPORATION: s. Pirtle Construction Company ' Secretary Print Name of Corporation Darrell Lipman 175 SW 7 Street, Ste 1906, Miami, FL 33130 Print Name r' Address P i Y• (CORPORATE SEAL. President 'James B. Pirtle Print Naive May 5, 2011 City of Miami Beach RFQ No: 21 -10/11 44 of 54. f y Page 64 Ilk a MIAMIB CITY OF MIAMI BEACH r - DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information , Name of Company: Pirtle Construction Company Name of Contact Person: Mike Geary Executive Vice President Phone Number: 305.593.7456 Fax Number: 954.797 -6330 E -mail: mike @pirtleconstruction .com j Vendor Number if known): - ( ) Federal ID or Social Security Number: 59- 1211364 Approximate Number of Employees in the U.S.: 65 (If 5 0' or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement.or_union trust-fund? X -_ Yes -: No _ _ .._._ - Union name(s)':- - -: South Florida Regional Car entar's Union . -� S -- o -- - u - theasf laborers District Council , F sl Section 1 Compliance Questions Question 1. Nondiscrimination - Protected Classes, I A. Does -.your company agree to not discriminate against your employees; applicants for employment, i , employees of the City, or members of the public on.the, basis of the fact or perception_ of a person's ._ membership - 'in the -- categories - listed below? _Yes Please note: a "YES" answer means your company agrees it will not discriminate; a� "NO" answer J> means your'company refuses to agree that it, will not discriminate. Please answer yes or no to each category. ' . ❑ Race X Yes _ No ❑ Sex g Yes _ No # ❑ Color Sexual X Yes _ No ❑ - Orientation X Yes _ No ❑ Creed X Yes _ No ❑ Gender Identity (transgender status) X Yes No L Religion X Yes _ No ❑ Domestic partner status X Yes _ No ' ❑ National origin XYes No . ❑ Marital status — X Yes No ❑ Ancestry XYes _ No El Disability X Yes No l• ❑ Age XYes _ No ❑ AIDS /HIV status X Yes No ❑ Height X Yes _ No ❑ Weight X Yes No B. Does your company - agree to insert a. similar nondiscrimination provision in any -subcontract you enter 1 .:. into for the performance of a substantial portion of the contract you have with the City? Yes F n Please note: you must answer this question, even if you do not intend to enter into any subcontracts. XYes No Al May 5, 2011 City of Miami Beach - -- -- RFO No; 21 -10/11 16 - - - - - -- -- _--- - - - - -- 45 of 54 �} - Page 65 .---------- - - - - -_ _ � Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Will your company provide or offer access to any benefits to employees with spouses and /or to spouses of employees that may be assigned to work on the City of Miami Beach contract? X Yes _ No B. Will your company provide or offer access to any benefits to employees with (same or' opposite sex) domestic partners* or to domestic partners of employees that may be assigned to work on the City of Miami Beach contract? X Yes No *The term Domestic Partner shall, mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law.authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute - - - - -- - an internal - registry to - allow for the provision- of- equal-'benefits -to-'employees -with_- - domestic partner who do not register their partnerships pursuant to a governmental e body authorizing such registration, or who.are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry - - shall not impose criteria for registration that are more - stringent than "those required - for . domestic partnership registration by the City of Miami Beach If you answered "NO" to both Questions 2A and 2B , go to Section 4 (at the bottom. of this page), complete and sign the form, filling in all items requested. if you answered "YES" to either or both Questions 2A and 213 please continue to °Question 2C below. C Please check all benefits that apply to your answers above and list in the "other" section any additional - - - benefits' not = already = "specified:' Note: , some ` benefits" are = provided -to employees because they- have a - spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner such as medical insurance. x< BENEFIT Yes for Yes for Employees No, this Documentation of this Employees with with Domestic Benefit is Not Benefit is Submitted .,; Souses Partners Offered with this form Health ■ ■ ❑ ■ ` Dental i ■ ❑ ■ Vision ■ ■ ❑ ■ Retirement (Pension, ® ® ❑ ■ , 401 (k), etc. Bereavement ■ ! - ❑ ■ Family Leave ■ ■ ❑ ■ i • Parental Leave ® ❑ Employee Assistance ' ❑ ❑ ■ ❑ Program Relocation & Travel ■ ! ❑ ■' 7 Company Discount, ❑ ❑ ■ ❑ facilities & Events Credit Union ❑ ❑ ❑ Child Care ❑ ❑ ■ ❑ Other ❑ ❑ ❑ Note: If you cannot offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for I . ` Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a 4 May 5, 2011 RFQ No: 21-10/11 City of Miami Beach 46 of 54 K - _ �` Page 66 EXHIBIT Vi INSURANCE CHECKLIST 36 INSURANCE CHECK LIST XXX 1. Workers Compensation and Employers Liability per the statutory limits of the state of Florida. �\ XXX 2. Com rehensive General Liabilit occurrence form), limits of liabili 1 000 000.00 - . r y ( ) �v . per occurrence for bodily injury property damage to include Premises /Operations; a l \ Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written- in "insurance requirements' of specifications) X 3. Automobile Liabilit y $1,000,000 each occurrence owned /non- owned /hired automobiles included. - X 4. Excess Liability - $ 00 per occurrence to follow the primary coverages. XXX 5. The City -must be named as and additional insured on the liability policies; and it - must be stated the certifrcate _ _ 6. Other Insurance as indicated: Builders Risk completed value $ 00 .= �_�_�= �___�. �. � ..------- __— _._�_ iquor- Liabilit ---------------- - --- -- - -� 00- — ----------------------= _ - = - -- ------- _--__- Fire Legal Liability $ 00 Protection and Indemnity $ . 00 Professional Liability. $ .00. Employees Dishonesty =- Bond_ -_.w: _�:... _ ..- - $ . ,00_ .. . Theft Covering Money and /or Property a Of others $ .00 XXX 7. Thirty- (30) days written cancellation notice required. XXX 8. Best's guide rating B +: VI or better, latest edition. XXX 9 The certificate must state the RFQ number and title PROPOSER AND INSURANCE AGENT STATEMENT:: We understand the Insurance Requirements of these-specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Selected Proposal's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. 1 T1. �_:: Mike Geary ' Proposer Signature of Proposer May 5, 2011 RFQ No: 21 -10111 ► i City of Miami Beach 35 of 54 Page 54 '4 ' Ell JAMES02 OP ID: IZ ACOIB O DATE (MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 02/07/11 PRODUCER 305° 670 -6111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION InSource, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9500.South Dadeland Blvd.,#400 HOLDER. THIS' CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 561567 Miami, FL33256 -1567 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. William L. Parker INSURERS AFFORDING COVERAGE NAIC # INSURED James B.' Pirtle Construction INSURER A: Old Republic General Ins, Corp 24139 Company, Inc d /b /a Pirtle Construction Comppany INSURER B: American Guarantee & Liability 26247 5700 Griffin Road, Suite 200 INSURER c: AGCS Marine Insurance Co 22837 Davie, FL 33314 It. INSURER D: 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 CONTRACT OR 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. INSR ADD1 POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER LIMITS _LM INSR TYPE GENERAL LIABILITY 1 000 EACH OCCURRENCE $ 1,000 AMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY A4CG36131107 01/01/111, 01/01/12 PREMISES Ea occurence $ 100,00 CLAIMS MADE OCCUR MED EXP (Any one person) $ 5,00 1 PERSONAL B ADV INJURY $ - ,000,00 _ - GENERALAGGREGATE $ 2,000,00 J � 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS'- COMP /OP AGG $ 2,000,00 '- POLICY. ' X PRO LOC . AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 -- A. -- X ANY AUTO' A4CA36131107 01 /01 /11 01/01/12 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X' N -OWNED AUTOS (Per accident) $ # PROPERTY DAMAGE $ :. (Per Accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO . OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ 15,000,000 rz' B X OCCUR CLAIMS MADE AUC2966169 11 01/01/11 01/01/12 AGGREGATE $ 15,000,000 DEDUCTIBLE $ X RETENTION $ $ WORKERS COMPENSATION 0TH- AND EMPLOYERS' LIABILITY I I ER A ANY PROPRIETOR /PARTNER /EXECUTIVE Y� A4CW36131107 01/01/11 01/01/12 E.L. EACH ACCIDENT $ 2,000,000 OFFICER /MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under 2,000,000 SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER C Equipment Floater MZ193003524 01/01/11 01/01/12 Scheduled 87,790 Ded $25001Wind 5% Rented 350,000 DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 days notice of cancellation applies to non - payment of premium CERTIFICATE HOLDER CANCELLATION SPECIMN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30" DAYS WRITTEN SPECIMEN CERTIFICATE FOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1 ; INFORMATIONAL PURPOSES ONLY IF ACTUAL CERTIFICATE NEEDED IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR IT WILL BE ISSUED TO A REPRESENTATIVES. SPECIFIC ENTITY AND ADDRESS AUTHORIZED REPRESENTATIVE t3 ACORD 25 (2009/01) ©1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD `� Page 55 EXHIBIT Vill A/E AGREEMENT . 37 AGREEMENT BETWEEN Y. CITY OV MI l; BEACH AND. - - - WO�FBERG ALVAREZ ANp PARTNERS _ __ ARCHITECTURE ANQ ENGINEERING FOR THE P- ROPERTY- MANAGEMENT - FACILITY= PROJECT- ------- - - - - -- _�__.� - _ -___ -- Resolution No. 2010 -27383 _ i WOLFBERG ALVAREZ AND PARTNERS -- PROPERTY MANAGE.ME NT FACILI Tv 071231201.0 TABLE OF C.04- EN:TS DE SCRIPTION PACE ART LE '1 DEFINITIONS. 1 ARTICLE 2 BASIC SERVICES 6 ARTICLE 3:. THE CITY'S RESPONSIBILITIES 13'" ARTICLE 4; RESPONSIBILITY FOR CONSTRUCTION COST 16 ARTICLE 5: ADDITIONAL. SERVICES 17 - ARTfCLE.6'. REIMBURSABLE EXPENSES :ARTICLE 7 COMPENSATION FOR SERVICES 1`8 ARTICLE 8: CONSULTANT'S: ACCOUNTING: AND OTHER RECORQS - 20. ARTICLE .9 OVVN ER. P OF PROJECT DOCUMENTS` 20 ARTICLE.1`0 . TERMINATION;-0, _AGREEMENT -- ARTICLE 1`1 . INSURANCE - -- - -ARTft A: 2_INDEM'N1F_f:CATION'AND_HOLD HARM.L;ESS- -- - - - - -- --------- - - - - -- 24---- - - - - - ARTICLE.13 ',ERRO;RS AND OMISSIONS .24 ARTICLE LIMITATION OF LIABILITY 25` ARTi:CLE - N�O.Tf CE__ .. __ - 26 ARTICLE 16. 'MISCELLANEOUS OVISIONS 27 SCHEDULES: SCHEDULE A SCOPE OF SERVICES' 33 SCHEDULE B CONSULTANT COMPENSATION 34 SCHEDULE C. HOURLY BILLING RATE 35 SCHEDULE D CONSTRUCTION COST BUDGET 36 SCHEDULE E PROJECT SCHEDULE 37 SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 38 - SCHEDU;LE G INSU'RANCEAND SWORN AFFIDAVITS 39 SCHEDULE H BEST VALUE AMENDMENT 40. ii U JLFBERG ALV:AREZ AND. ° - ARTNERS PROPERTY MANAGEMENT AGILITY 07623/2t'10 f TERMS' AND CONDITIONS OF AGREEMENT BETWEEN . HE,�.CITY OF MIAMI BEACH' AND 1IVOLFBERG ALVAREZ AND. PARTNERS FOR PROFESSIONAL ARCHITECTURE AND EN,GI:NEER�IN:G (A/E):;SERVICES . a :FOR'THE - - _ PROPERTY MANAGEMENT FACILITY PROJECT'' This Agreement made and entered. Into:. his _day of - , 2010, by and between the CfTY Q_F MIAMI BEACH; a municipal corporation .existing under ;the. laws of t%e State of Florida, having its principal offices at. - 1700 Convention Center Drive, Miami. Beach, Florida, 33139, - (hereinafter referred'to as City), and.. WOLFBERG: ALVAREZ AND' PARTNERS, a Florida corporation having its "principal office at 1500.San; "Remo -- - -- Avenue;- Suite - -300, :Coral= Gables, Florida, 3314,6.. (here'inafter. - referred, - -as- Consultant). - - - -- -- — WfTNE'- SSE.TH WHEREAS the City intends to undertafce; a project within the C a ity of Miami Beach.,. which is;. more particulrly- described in the attached Schedu {e " A ", and engage the C onsultant to s pe provide cific. professional services; including, without limitation A/E services., for the Project, at the agreed fees, set forth in this Agre and 'WHEREAS' the Consultant desires to contract with the City for performance of the aforestated professional services relative to .fhe. Project, as heeeibafter� set forth- and' NW THEREFORE, City .and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as \NOLFBERG ALV:4rZEZ AND PARTNERS - PROPEFTY MANAGEMENT F=ACILITY W/23/2'010 , ARTICLE 1. DEFINITIONS. 1:1 CITY (OR OIlILNER) The "City sha l mean the City of Miami Beach, a Flo munlcipai corporation having its principal offices at 1700 Convention Center Drive, Miami" Beach, Florida, 3.31.39. . 1:2 CITY COM MI. SSI,O:N: "'City Commission .s( a(I mean. the. g;over.n ng 'and :j egislative body of the µ .City. 1:3 -CITY- MANAGER The "City. Manager " shall: mean the chief administrative, officer of ,the City_ The City Manager shall be construed to include any: duly authorized representatives designated in wnting`� - (in,cluding the_ Project Coordinator) with respect to _any specific matter concerning the- Services and /or this Agreement (excluswe of 'those authorizations reserved to the- Commission or= - - - regulatory ; or administrative bodies having jurisdiction over any matters) related to' the Project,. the Services,, an or this Agreement): 1.4 PROP' OSAL'DOGUMENTS "Proposal: Documents" shall mean Request for Qualifications No TO - 09114; -ent tl'ed Rlanni'ng; Design'; Bid :and- Award, and Construction - Admihist"ration- Services for the - --- - Property M aria ementFacif�ity Pro ect ", issued b the Clt in ^contemp atlon of this Aeementa together -- - -=— �- P Y 9 — -a — y _ -= �- g- -- =---- - -g - -- - - - - -- wlth all ; arnendme.nts thereto (if any), and the Consultant's proposal in response thereto (Proposafj; which is li�corporated by reference to this Agreemeinf and made a part hereof, provided, however, that in - the - event - of an; express - conflict between -the Proposal -pocurnents and: th is -- Agreement, the f,5 CONSULTANT: The named- entityon page 1 of this: Agreement, the "Consultant" shall mean: the architect/engineer who has entered into a contracts with 'the City to provide the Services described under - this Agreement - . When the terra "Consultant" is.used in this Agreement it.shall also be. deemed to include any. officers, employees s`ub- consultants agents, and any other person or entity acting under, the supervision, direction,, or control of Consultant. Any sub = consultants retained by C`or.,sulta'nt 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- con sultants, Any .such co n tr acts shall contain p rovisions' that ' and protect the. eight `, of 'the City under this Agreement. No.th_ing contained .In this Agreement s hall create any contractual relationship -and the City-and sub - consultants., Any approval of a sub - consultant by the City shall not, in any'wa'y shift the responsibility for the .quality and acceptability by the City of the services performed by the su consultant, from the 'Consultan to City- Pa.ymen.t - of sub - consultants shall be the V�IOLF3ER.G ALVARE 7 `.AND :ARTNEP.S - PROPER T Y NtANAGcfv1EN i FACILITY 071231- 201,0 responsibility of the Consultant, and shahl not be cause for any `increase in compensation -to , the Consultant for pa:ym "en# 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 Ccinsultant, The foll ' bcons ' Itahts are hereby, approved: by the City Manager for the Project: Landscape Archite.ct: - Q'Leary R Design' Associates Structural Engineer: Martinez Engineering Group;" Iris. 1 PROJECT COORDINATOR: The "Project Coordinator "' s,hall mean - the :individual :designated in _ venting by the ,City Manager who shall.be the City's authorized representative 'to coordinafe, dir -ect; aril review (on behalf of the City) all matters 'related to:'the Project during th`e design ''an °d construction ; of the y. Pro ect unless ex ress(` ro�ided:otherw�se rn this orfe Contract Obcurr ents). j; (, . P Y P... 1.7 [jntenti6hdIly'0rh1ttdd]: 1..8 BASIC SERVICES: "Basic Services shall include those services which Consultant shall perform V in accordance with -the terms: of the A reement° as re uired to com fete -the 'Oro ecf -and as. further - - -- 9 q p 1 ) described�in Articla2 an S che dul e "A" hereto n addition any Services not specifically addressed as Add itional Services. (as ,defined herein): are considered Basic . Servicces:. 1.:9 ,� PROJECT. The Project shall mean that certain City capital project that has been approved City Comrnission an - dais - described in- Schedule: "A ' hereto: - 1.9,.1 Proi'ect Cost The "Project Coast ", :sh'all mean .the. estimated total cost, of the Project; as prepared and .established by the City,_ including ,the estimated Cons.tructioi Cost and Soft Costs'. The Project Cost may, from'time to time, be revised, o adjusted by the - 'City , in its sole discretion,: to accommodate approved. modifications; or changes. to the Project or scope of work. 1.9.2 Project Scope - The ".Project. Scope" sha.11' mean the description of the Project in. Schedule "A" hereto. 1:.10_ CONSTRUCTION COST; The, "Construction Cost' shall o mean the sum which is. th :actual total cost to the City - of the -Work (as e,stablished:� in Ahe Contract Documents, as they Maybe amended from time° to tim.e) including as contingency allowance for. unforeseen conditions, not to exceed te percent (10 %) of fhe. constr- action cost for new construction, or twenty percent (20 %) of the construction cost` for. wOLFBERG ALVARE? AND PARTNERS' -'PROPERTY iv1ANAGEMENT F:AUILlTY Q7,'23 2Q1Q rehabilitation of historic buildings. For 'W not constructed, the Construction .Cost S hall be t same a s. `t lowest bona fide bid' or competitive bid .recewed .and: accepted from_ a responsive an'd responsible bidder or proposer for such Work I. IG.1 C`oristruct on Cost Budget The "Construction Cost Budget`' shall mean the :amount budgeted by the- City for the Construction Cost, as' set, forth int Schedule; "A" hereto:. 1:10:2 Statement'Of`.Probable Construction Cost' The : "Statement. of Probable Construction - Cost" shall ;mean the latest ,approved written. estimate of - Constructionn Cost submitted' b,y - Co;ns,ultant to the 'City,: in, a format approved by the;: Project Coordinator:. - - - Fa.r'Work .which bids or proposals have not been let .the Statement of Probable Construction Cost Shall, be' he same ;as the: Construction :Cost: ` 1.1 FORCE` MAJEUR'E "Force- :Maje - shall mean any , delay - occasion ed by or irresistible rce_occas oned_b wi_olence in nature without the. ierference of human a enc h as hurr canes, _ Y nt - -- o h - - — b g -- -Y sup , - -- - -_ -- -- -- ---- - - - - -- - to :rnadoes floods, loss caused by fire: and: other similar unavoidable = : casualties; or by _changes din Fe deral;. State or local laws,,'ordinances. codes or regulations .enacted after the date of this Agreement or - other causes beyond the- `parties' zo'ntrol, - which have,, or may be reasonably expected: to. heive', �a material adverse �efr'ect- on the�Project or on the - ^r fights - - and "oblig`at ions — of - the � parties under this -- - - - T� - Agreement ; and which by exercise of due diligence, such parties shah not have been able. to:.avoid provided 'however, that inel'ement weather (except as rioted above), the acts or omissions of sub- consultantslsub= contractors, market conditions, labor conditions,;construction Id'ustry price trends; and similar matters which normally impact on the construction process SHALL NOT be considered a Force Majeure. 1.1 Z CONTRACTOR: "Contractor shall mean the individual' or individuals,, firm. eorimpany, 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 th Agreement {tcigeth with all exhibits, addenda, and written amendments issued thereto), and the documents; pr- epared by Consultant in. accordiance with the - requirements of the Scope of Services in Schedule "A" hereto (that form the WOLFBEERG ALVAREZ AND PARTNERS - 'PR0P,ERTY MANAGEMENT FACILITY 07/23/20.10 basis for which the City can receive bids for the Work included ..in the documents). The :Contract' Documents shall also ; nclud'e, without Limitation (:together with °ai) ' exhibits, addenda,. and- written amendments issued thereto)', the invitation to bid (ITB)`, instructions - bidders 'bid forrn,. bid bond', thei Contract for Construction, surety payment. and' perforrance bonds.. Conditions of the Contract for Construction [General, Supplementary; and other Conditions], Division 0-171 Construction Documents, an approved Change Qrder(sj approved Construction Change- Qirective(s),: and /or approved writfen order(.) for a mEnor change in the Work'. 1 14 CONTRACT FOR: CONSTRUCTION: "Conitbct for Construction" shall mean the legally binding' ` agreement between` City`�and' with: Contractor for. performance of the: - Work covered' in the.:Contract Documents.- - - 1.1;5 CONSTRUCTION° DOCUMENTS. Construction. Documents" shalt mean the:. final plans;,, technicai�speCificat ons, drawings, ;docu ments ; and diagrams prepared ' by the Consultant pursuant to this: Agreement, which _sfiow the locations, characters, dimensions:.and. details of�`the "Work to .be done, and which are: part `6f the Contracts Documents: T 1.1;6 CONTR_ACT_AMENDMENT: __` ` ^Contract Amendment " {I_ rnea_n_awntten._modification to tf e_ - - -- Agreement - approved by the City (as` spec "ified 'below] and execufe'd between City and Consultant, Co- veri ,ch an ges ; .a d ditions or reductions i the ter of t /Agreement including, without Ilmitatlon,. authorizing a change in -- the Pro}ect; °or the method. and manner 'of - performance thereof; - or - �an ad tustment,in-theTfee 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 Cit y of Miami Beach Procurement Ordinance as amended): Even for 'Contract Amendments for less than twenty -five thousand ($25,000.00), the City - Manager reserves the right to seek and obtain concurrence: of the -City Commission for approval of any such .Contract Amendment- 1.17 ADDITIONAL SERVICES: '`A Services shall m those services in addition -, to the Basic Services in this Agreement, which the Consultant shall perform at the City's option and which ha been dul authorized, in Writing, by the City M or 'his auth orized design prior to commencement of same. r F , WOLr-BERG ALVAREZ AND PARTNERS - PROPERTY MAN.AGEfv1ENT FACILITY 07123,2010 C . .1 .1 °8 WORK:- "Work" shall mean all labor., material$, too s, equipment, services, methods,, procedures, etc necessary or convenient to performance :by Contractor of all duties :and obligations proposed by the `Con 'tract Documents. 1 19 SERVICES: ``Services.'' hall mean all: services Wcrk and ;actions by -the .Coris'ultant pe`rf ©rmed pursuant toor undertaken under -this Agreement: - - 1.20 SOFT COSTS: .Soft: Costs" shall mean. costs :related to `the Project other 'th' Construction Cost including without limitation, Consultant Services Additional Services testing gen -er;a consultant, fihancing Ahd, perrhitting fees, etc': 1:21` BASE BID:. ``'Base -Bitl shall ;mean the elements contained -in the Construction Documents - recommended by .the: Cohs:ultarit (and; approved =by the City} as being within the Construction; Cost Bud et. "Base Btd" shall not include Add�twe:- Alternates -or Deductive :Alternates 9 1.22 'SC OF' i_SERVICES "Scope: of - ` Services shall include ;the, Project Scope; Basic Services;;, arid" any Additional Services (as° approved by the City), ^all' a = in e "-___�._____�.__ -._ -.- - -- - - -- -- - - - - -- hereto': - - -- 1,.23 SCHEDULES:: Schedules" shall' mean the various schedules.attached to this Agreement and referred -f at-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 P. General. Conditions: of the -Contract for Construction Schedule. G - .insurance Requirements and Sworn Affidavits Schedule H = Best Value Arriend'rnent ARTICLE - 2. BASIC SERVICES 2.1 The Consultant shalJ . provide 'Basic Services for the. Project. as re q uired; by th Contract Documents and as set forth in Schedule "A' hereto: �i1lOLi=_aE G,ALU: RED AND PARTNERS: - PRQPERTYJOANAGEMENT FACILITY 07/2312010' y 2.2 Th Services will be co'rnmenced. upon issuance of t :f irst. N otice. to Proceed. which shall, be issued by-the Project Coordinator!and counter = signed by Consultant. Subsequent Notices. to Proceed .. shall ...also be issued: by the. Project Coordinator. A separate: N :once to. Proceed sfiaN be required prior to comrnencement.of each -Task (;as same aee-set forth in Schedule "A hereto):, i 2.3 As it relates to the Services and the - Proj;e'ct, Consultant warrants a'nd represents to City (fiat it is kn owledgeable of` Fe d era l, State,., `and local'' codes, rules Viand regulations: .:applicable I the - lurisdlction(s) in which the Project is 'lo .cated, Including, without limitation,, applicable Florida. Statutes, and State of Florida codes, 'rule :and .reg`ulations; and Iocal (:City of Miaiili Beach - Miaade - County) ordinances, codes, and rules: and regulations. �(coll'ectively, ``Applicable' Laws'') As they relate . to =the Services and fo the Project, the Consultant agrees to. comly with all such Applicable Laws whether in effect or as may. be, amended or �adopte - from'tiri .J6 time; and_, shall further take into account all known'pending changes to;'the foregoing of wh s:hould'reasonably be aware Recog;nizihd that; 'the cohs_trudtion of ot projects within the CitY_may .a ff ect scheduling, -of 'the�T _ -constructlon:. for the Project, ffei - Consultant shall diligently coordinate performance. of the :Services with the Cify (through the Project Coordinator) in order to provide. for the safe; exp ^ editions ; , economical and _ - - efficient completion of ahe; Pro'eef, without _.no ativei Im actin concurrent work b ;oth`ers . T he- - 1 9 y P 9 Y shall coordinate the- Services with - ail of - its - sub= consultants,: as well -as other consuitar ts, - -- -� including, without limitation City provided consultants (if an 2.4 - The Consultant warrants and represents to City that all .of t S require under this Agreement shall be performed .in :accordance with the standard of ca - re normally exercised in, the. design of comparable .proje.cts. In South Flor.ida.- Consultan� warrants and repres`erats to the City that " it is - experienced;, ,fully qualified, and. properly licensed (pursuant to Applicable Laws) to Perform the Services Consultant warrants. and represents to City that it is responsible for the technical accuracy of the Services (including, iAtithout limitation, the Design Documents contemplated in -Schedule "A" t hereto). 2.5 . The - Con5ultant's Basic Services _shall consist of five (5) Tasks (inclusive. of p.lan design bidding /award, constructi .administration, and Additional, Services - [as may be approved]),- all as, described -further in: Schedule "A" hereto.; and shalt also include: any a nd. all of Consultant s wOLFBERG ALVAREZ AND PARTNERS - PROPERTY MANAGEMENT FACILITY 07:'2312010 responsibilities and obligations with respect, to the Project, as set forth ih the General Conditions: or fhe- Contract for .Construction (at tached as: Schedule F" hereto): 2:5.-1 Planning .Servi`ces :1 - Consultant shall provide planning services for the Project, including programming; as required F by the Cohtraet .Documents and as. set-.forth in Task A. 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 - Docu`ments and; as set.forth in Task:2 of Schedule "A " .hereto (entitled "Dbs'ign- :Services "`) _ 2:5.3 Bidding And 'Award: Services Consultant shall provide bidding: and award services; for the Project, as required by "ahe Contract - Documents and as set forth in Tank 3'of Schedule A hereto (entitled "E�idding and Award Servicesl 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 Jn Task 4 of Schedule "A hereto (:entitl' d "Construction __- Adm.inistration Services ': 25.5 Additional , Services : ;If required (and` so approved) by 'the City, Consultant. sh ' 11 provide Ad Services; as- noted.in Task 5. of'Sche'dule. "A" hereto: 2::6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written; decisions and /or approval issued - by the City shall not constitute nor be deemed a release of the responsibility and- liability, of the Consultant nor .. any of its officers, employees, sub- consultants,. agents, andlor servants),, for the accuracy and competency of its - /their designs, working drawings, plans, technical specifications or other technical documents, nor shall such. ab ' vat and/or decisi "ons be. deemed fo be an assumption: of such re sponsibility by- the: Cit:y.for a defect; error o- omission in designs, drawings, plans., technical specifications, or other technical documents; provided, howe er; ,that the Consultant shall be entitled to reasonably r.:ely upon the accuracy validity of written decisions and approvals furnished' by the City pursuant to this Agreerrient. W0_ ; 1 ER ALV,4RE? AND PARTNERS - PROPERTY MANAGEMENT F ACILIT`! 0?/- 3x2010 2 7 TIM . it is understood .that time is of the essence in the completion of he. Protect :and in -this respect; the parties agree: as follows- 2.7:1 Term The: term of this .Agreerrient shall co'mrrieride, upon .execution' by the. parties (subject to approval of the Agree., _ they Ma ,or and Cit Commiasson' .the Efr`ectwe 'Date; - 9 Y Y Y ) .,( : and shall be Jn, effect until a.il Services. ar completed' or until the work: and /or. services under the No' tices'to Proceed in force at. the end.. of the stated period of tine have: •b:een cb'mpleted; and the Services :accepted, ;whichever maybe later. 2.7::2 The .Consultant shall, perform the Services as expeditiousiy as `is. consistent with the - `stan`dar..d of professional.sklll: and. care: required by this Agreement; and the,.orderfy progress of, the- - - - 'work 2 73 The Services shall be performed in a;; manner that shall °conform with the approved - Project Schedule,: - attached to as Schedule " E hereto: The Consultant May submit requests for - an- -adjustment::t6 -the: Project Schedule, if made necessary of undue-d elays = resulting - from unti ew taken b'' the Clty or o her ove nmen authorities Navin' urisd" ion ove :r the Project) .ap - approve the ; Consultant's <su5missons or any other portion: of the .S.ervices requiring' approval by, `the City (or other governmental allth "orities :having Junsdictiori over the ject' `-- Consultant shall imme�ia tel rovid ' 'the Pro' ect.: . .. _.._.....:.... _.. _ Pro] � a Y " P 1 Coordinator with written. stating; - - �� ........ the- rea son- for - articular - del'a °the - re sted - ad � e.. extension - tq• the Protect P. Y. ue q,_. J....., (_.., - •SccheduIe; and. a revised anticipated schedule. of' completion. Upon receipt and review of -Consultant's request (and .such other, documentatio as the Project Coordinat or `Mayf require),. th Pro ect p ' - j Coordinator May cant a .reasonable extension of time for com � ietion of the -partcular • Y9 .. PP p 1 work involved, :and authori ±e that the a ro riate ad 'Ustm:,nt: be made to' ,the Pr..oject Schedule. The .Pro1ect Coordinators approval (if granted): shall ,be in writing Such, extension of tune shall: not be causefor.any alarm by Consultantfor extra compensation. 2.7.4 Each time: any portion of the Project SchedulA is not met for urapproved /unjustified time delays (other than City= caus"ed) the u ser City .department shall notify the Ca Irn:' rbvome; is Office. 2:.7:5 ' If the C'onsultani'is delayed' in performing any•obligat' ' n under this Agreement: due to a: force�majeure, the "D onsultant shall raquest a tirrie ext�nsio,n from the Project`Coordinator within VIOL BEr3G ALwAREZ'AND PARTNERS - PROPER hIANAvEM NtFACILITY 07/23t'201 "0 i 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 t Consultant for extra compe unless additional se'r'vice's required - nd approved pursuant to Article -5 hereof,. - ZT& - Nothing: in this Section. -2.7 ,shall: prevent City from exercising ; its righas to terminate the Agreement, as, provided elsewhere: herei'n., 2.'8` Consu tart shall :iase its, b'e f efforts to: maintain. a constru;ctiVe,, professional, cooperative.workir g : - - relatlor ship with` the Project Coordinator, Contractor ,= and any an d all other individuals and%ar firms that-' - have: be.en_.contracted, or otherwise retained to Perform work on 'the Pro }ect 2'9 The ;Consultant shelf. perform its duties ;under this Agreement in: a ;competent, timely and professional :;/Wanner and ,shall be responsible to the City for any failure in.`;Its: performance, :except to - - - -- - -- - - -- - - -- the extent that_acts. or omissions by the Clty /Wake such performance imposslbie!. Consultant 'is _responsible' - for he professsonal -- quality, technical accurac ; completeness,. ac erformance_ a coordination ^ of all work re wired under the = "A reement ircludin the, work erformed P q. 9. - g - — - -- - P - - -- -- -- - -- - -- by sub - consultants),, within the ' speclfied. 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�bf the work- in the State of - __ Florida The - Con sultana -is responsible - for; - and - shall lepres t City the - work: conforms to Citys- - - -- -- requirements, as set forth in -the Agreement: The Consultant shah be. and remain liable .to the City for all` damages to the City caused by Y. Consultant's negligent acts or errors or omission 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:, rem-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 Agr..eemnt, until twelve (12) mon -ths, following final acceptance of the Work, and for the period of design liability requi'red� by. applicable law. The.:Project Coordinator shall notify` the Consultant,,, in writing, of any" deficiencies and shall approve th.e method a`nd' timing of the corrections.. Neither the City's inspegtion review,, approval or acceptance of; nor.payment for, any of the work required' under. _the Agreement. shawl, be construed to relieve the Consul ant (ar 'any sub-consultant) of its. obligatioris and respcinsibilities under: the VVOLFE:ERG AL:VAPE_ AND PARTNERS - :PROPERT1`. NIANAGFMENT FACILIT`! 07123/20;1;0 Agreement, :nor constitute a. wai =ver of .b y 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- consulta'rits 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 orn,ssions 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, com`pteteness,,cnd coordination of the sub =cori ultant's- work. J - 2`.9A -- - The Consultant. shall `be responsible: for deficient; defective services and any resulting' -- - - deficient, defective construction services re performed. within tviielve (12)- months following final, acceptance, and shall' be subject to further re= performance, repair and replacement for twelve _ (`1'2} months from the date. 'f 'initial.re- performance, notao 'exceed twenty - four. months (24yfro b' final acceptance: 2:9:2 Consultant PerForrna`nce 'EvaCuation 'Consultant is.`advised that a perfoftnan`ce valuation_of tf1e. work rendered - throughout this- Agreemn nt.will be _completed: by the City and___ kept in the City's fi {es for of future solicitations.= -- - - - 2.10 The City shall have: the right :at any time, in its sole and a b solute discretion :; °to submit for _ revi'ew_to other consultants (engaged bythe__City at -its' expense -a parts of the Services an d _ -thc- Consultant- shall - .full : coo erate in-- such - .:review s -.- Whenever o.the.rs are re wired or'._cons ides any work perf by Consultant (includ'ing,. without limitation, - contractors , ,. other design- professionals, and /or other consultants retained. by the City),, thet intent of such requirement is. to - - enable the, Consultant to: receive` input froth others' professi:onal;, ,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, de;cisio.ns, or approvals provided- by the City under this. Agreement... Consultant will use reasonable care and skill, in . accord`ance and consistent with customary professional: standards; in responding. to items 'identified . by other reviewers in accordance with this subsectibn._ Consultant shall receive co'mmenfs from reviewers,, in writing : :, includi`ng,, without limitation, (and where applicable a. set: of marked: -up drawings and specifications Consultant shall' address comments forwarded to it in a ti mely m an ner. Th ter ".timely." shall• b e defined to mean a s soo a s possible under the circumstances taking into .account the timelines; of the Project. Schedule. 1 � VVJLF8E_RG A +�VAR�L AND PARTNEr`�. S - PR F;EE_ .T`! tv ANAGEi1itEN �A .I� fTY 07232010 2.11 [Intentionaliv 0mittedj 2. 1'2 .Consultant agrees that when any portion of the Services relates. to :a; professional, _service which, under Florida. Statutes, requires; a license, certificate of auth rization, or oth& form of legal entitlement .to practice and /o.r perform. such Services }, it shall e�mploy.,and %or retdin only dualified duly licensed :certified personnel "to provide same. - - 2.1'3 Consultant agrees ''to designate', In writing; within five (5.) calendar days after issuance, of the: first: Notice to Proceed, a q ualified. licensed professionals to serve as its prolecf manager (hereinafter referred to as "the `'Project Manager "): The Project Manager shall be ,duthorized and fespohsible: to dt on - behalf , of , :, Con'sultarit with respect- to directing. .'and administrating all eft pects 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 Protect Coordinator).. Replacement :(mcl'udmg _reassignment} of ;an approved Project: Manager s[ all not be' made: without the' prioc written .:approval of the City Manager or his designee, (i e ; . the Protect_. CoPOJ.Oator)> 2 13:._1 __�Consultant__agr_ees, wittln fourteen_.(1.4)_calendar days _ of_receipf -of `ivr_itten notice from the °City Manager or his designee notice - shall. state. the cause: :therefore) Ito Promptly ---- - rern`ove an'd replace a Project. Manager;;:or any :other personnel employed or otherwise retained' by - Co' sultant:for thO Project ( n cluding, `without Imitation - any - '`sub =con,sul:tants); 2:1:4 Consultant agrees not to divulge, furnish or make :available to any third party.(es), arty Wort- 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 Coordirator), unless, such disclosure 'is incident to t he. proper performance' _Of the Services; or 'the disclosure is required .pursuant :to F lorida Pubic. Records taws or in the course of judicial proc -ed 'ngs where such information has been. properly subpoenaed: Consultant shall also `require, its employees and sub - consultants to .comply .with this :subsection. 2` The City and Consultant acknowledge that the Services .do not; del- ineate every detail and minor Work . task required to be pe rformed by O'onsultant to complete. the Project. If, during the course of performing of the Services,, Consultant deterrnines that work should. be performed' to complete the; Project which is, in the Consultant's reasonable opinion, outside the level of effor< originally anticipated' in, the Scope of Services, Consultant shall` promptly notify the. Project - Coordinator, in writing, and shall. WbLE3ERc ALVAREZ AND:PARTNER°. PROPER T Y INAANAG'EMENT'FACILITY 07;'- 23f201C j obtain - the. Protect- Coordinators written consent before proceedi "ng with such work. If Consultant roceeds, - with arj such additional work without obta the Oribr written "consent of the Project Coordinator, said work shall be deemed to be `Within. the. original; '_Scope of Services, a`nd deemed included as a Basic. Service: (:whether" or not specifically .addressed in the Scope of Servic Mere, notice by. Consultant.. to the Project Coordinator shall not constitute authorization or" app "roval by the City to perform - sucft work Performance. Of any" such work, by Consultant without, the prior Written - consent of the Project Coordinator shall be undertaken at Cbnsultant -sole risk and liability. 2.1:`6 Consultant. shall establish, maintain;. and _categorize. any arid" all "Project documents and record's pertinent to .the Services and s hall provide -the Clty upon request, with copies of any and all such documents-: and/or records. In ad "ditibh, Consultant shall provide! electronic docurnent files' to the City upon completion of: he: Project: - rr The City's` participation" in. the design. and °consfructlor of he Project shall in no way'' be deemed _ ,to �reiieve, tho tonsultant of is professional' duties and .responsibil�ttes `under the:- Contracf "Documents . . or under Applicable Law. - __ DING STANDARDS.: ---- - - - - -- -- - - - - -- — _ -- - - -- -- - - - - -- - - - - - -- -- The Consultant shall comply with the.-re quirements ofi "`Section '255.2575 ; Florid a Statutes, "and Chapter 100& file City Code., as both may be amended from time: - `to time, addressing applicable Leadership. in. Energy and Env6r0rnmental' Design: (LEED) compliance: requirements;. 2.1:9 SUB - CO'N'SULTANTS` All services provided by sub- consultants shall, be consistent with 'those .commitmehts made by the Consultant in the Proposal and during. the . competitive - -sQlicitation selection process and interview Such services -shafl be: pursuant to appropriate written agreements between the Consultant: and the sub = consultants, which shall contain provision "s" - -that preserve and protect the rights of the City_ under this Agreement. Nothing con'taine'd in this Agreement shall createi any contractual relationship between. the "City- and the sup - 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 th"e Consultant. stating the reasons. for any proposed substitution Any °approval of a sub - 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 b y 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- belthe soie"responsibiiity 'of Consultant': :The: Consultant. 1, VVOLFB,=.R ALVAREZ AND PARTNERS - PROPERTY N4ANAGEIVIEN T FACILITY 07123;2010 shall cause. the names of sub- cohsUltants responsible for significant porti "ons of the Services , to be inserted oh� the plans, and specificafions.. _ ARTICLE 3. THE. CI:TY't'RES'PONSIBILMES 3;1 The City .Manager shall ' designate .a Project= Coordinator, in writing, vvho shall be the:.City's - authorized representafive to ":coordinate, direct, and review all. rafters related to thi Agreement and the Project during: the :d and - construction of same (except unless. otherwise I expressly provided` in, this Agreement or the. C:on act Documents"), Th Project Coordinator shall =be authorized {without limitation to transmit -instructions, receive information,. and inter .ret and define Cit ol�ces and'. decisions with respect to' the :Services and the-:Pr, ojeQt_ :However- the. Project � Coordinator - �s , not authorized to.issue- any - verbal or`wr�tten ord.ers.or instructions to Consult int_that;would have the affect. or: be. rater" reted as.havin the effect of modif in or char m (. l? . _ . 9... ) _ Y : 9 9 9a " {in any !gay) the following, a) Scope of Services;-. b') the, time within which Consultant is obligated° to commence and complete the Service's;:or c} the amount: of compensation: t City is,obli'gated or committed' to pay- Consultant.: 3 =.2 The City .shall make.. available to Consultant .all information that, th City has in its:" possession pertinent to. the -Project:: Consultant h ere by agrees :--and - acknowledges that, in making any such _ inform available: to Cohsuitant, the City makes no express or: �rriplied certification, warranty, antlIor representation as to the accuracy or completeness :of such informationn: The Consult .ant understands, and hereby agrees and acknowledges, that it is _obligated, to verify to ther extent it deems necessary all . information 'furnished by the City, and hat it is solely respohsible for the accaracyand` applicability of all such information used. by Consultant: Such verification shall include, without limitation; visual examination of existing conditions in all locations encompassed b.y the Project -where such,, examination can be made wvithout. using destructive measures (i.e. excavation or "den-ioiition), SU,rveY in formation S b e , spot C heck e d to t extont that Consultant .has satisfied itself a s to the. reliability° of the information: 3:3 [thtentionaily Omitted]. s 3..4 At any time; in his /her sole discretion; the City IVlanag'er riay furnish accounting, =and" insurance counseling :services for the. Project, (including, without limitation services. to verify the Consultant's applications for paymen , .or .to ascertain that Consultant has properiy remitted payment .... .. 14 OL,FBBRr A�VAR�Z AND PAR ; N�RS" - PRJ`PERT`' Nt.ANPEG�M�N i F�C1Li ; 07.;23,20TO due 16 its sub c(onsultants. dr Ve`ndors): :3..5 If the City or otherwise becomes aware of any fault_ or defect in the Project,. or. non conformance with the Contract_ Doc rne► ts the Cityi through the Pr j`ect Coo.rdi "nator, shall ' gi�,ie prorript> written notice thereof to the Consultant. 'T'he t ity, acti "ng inz it's proprietary capacity as :( -)wne, aria not in. its`cagulatory capacity, sha l rendzr an.y:° administrative a pproua l and decfsorts requ�rec` under this Agreement; .in writing as reasonably w axpeditiou`s for the orderly progress. of th:e Seruict�ss and -of 'the Work.' No City admiriistrafi%e ro rietar :a"' � roiibl .' _andlor decis�orjs ;_ re aired ...finder 'this A reement shall_ :be_ .unre,asonab (P P Y} aP q g Y conditioned, withheld, or delayed;' -pro.. b however, at the City shall at ali times ha e; the right to- appro.ve. :or� reject a,ny such requests 4or. reasonable-basis.; - °3:`7 The is shall be the "final authority to do or to .approve the, :following actions o:r _conduct, : by - pas sage -- of -an enabling esolutibn or arrmendr ;vent - to this Agreement - - -- __ --- -- -- - - :1 Excepf- -where -= othervrse. ; -= expressl noted i.ri the Agreement —or the Contract. Documents, -the City Cornrniasion_ shall he t} e body to consider -co ..upon or approve',- ariy arnendrients .or modifications to this Agreement: 3 .7- -.2 Th ^e City Commission.-_shall: `be the body fo :- consider;: comment_ upon,. or._approve any - assignment - sale;: transfer- or- -subie ting -of -tf iis- Agreement.- Ass�dhment and -- transfer shah. -be ---------- . - -r - -T detined to also inclu' de -sale of the tnafority , *Y'the .stock of corporate consultan :. 3:.7.3 Upon written request "f Consultan� {, the City Commission shall. hear appeals from: ,administrative - decisions of the City Manager or -the Project' Coordinator. In such cases the: Commission's decision shah be final and .bind.ing upon 'all parties 37. T he City Commission sha l approve or c ;onsider all Contract 'Ar endmenis that exceed': the sum o€ twenty five. housarid dollars (:?5:000.00 ;) (or other suoh� amount as may be specified by the -City of Miami Beach Procur "c:ment Ordinance, as amended'-) e 3:8. Except where otherwise expre sly ncited in thin lAgreernent. fhe City :Manager shall s e rv e as `the City's, primary representative to whom . a`drii riistr`tivE (proprietary)'. rzquests for dedisions and approvals, required: hereunder by the City shall be rr ad:e... cxsept where oth wise expressly noted ire WOLF - R :: a�VAR .4N� ryrc i NH S - ROP==R�i �Y` ivl�`_kNA��tileN- .w iL .r Y' 07 02 31'?0 10 this:Acireement or the Contract Documents; 'the. City Manager -shall issue decision' and authorizations which May Jnciude,, wit 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, arid, render administrative (proprietary.} decisions on { matters arising pursuant to this Agreement which -are not o.therwise:expressfy provided for'in this >. Agr.'eemeht. 1 n his /her discretion, the City Manager may also consult With the City Commission: on such matters: _ 3 8 At I he request of Consultant; the :City Manager `shall : be authorized, 'but n:ot required to reallocate monies already ..budgeted toward.; payment of the Consultant; provided - - - ;however,- that - the -- Consultant's- compensation (or' other budgets-- established :6y this - Agreem`ent): may not; be: increased with_out..the. prior approva of the ,City Commission, which approval (if granted at. 811) shall tie its sole and` reasonable discretion`. 3.8.4 [Inter tiona11:- Omitted] 3 8.5 The City Manage may approve Contract Amendments which do no ; exceeo the sum of twenty five. thousand dollars ($25,000 OQ) .(or other such amount as- mazy be pecified by t 'City 'of Miami Beach Purchasing Ordinance; as amended);. provided th no S uch, - amendments. increase a of` -the budgets. established by this. Agreement. 3':8.6 The City, JMgnag .r may, in- his /her. sole .discretion; form; a, 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 responsibii'i.ties, underthiStr Agreement or the Contract Documents. 18. The City. Manager shall be the City Commission's authorized representative with -regard; to acting on behalf of the City in thel event of. issuing any default; notices) .under this Agreement. and, should such default remain On- cured.. in terminating the Ag`reernent (pursuant to and. in accordance with Article 10 hereof.). -I n WoLF3[= G .A �`A L �11�D:PARTfJcr S - PROP-R Y h[ANHG`tv1 N.i F,y [LITY 0; x23,20'TO t ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The City has established the Construction' Cost Budget for.the ;Project, :as sLLet forth in Schedule 'D'`,: attached hereto. 4:2 Consultant shall: certify. and warrant to the City all.. estimates of :Construction Cost prepared by - Consuitant. - 4.:3 Consultant shall warrant and represerit to the City that its., review and ,evaluation : of the . Gonstruetion ' Cost Budget; Statement of Probable Construction Cost, and any other` cost prepared (or otherwise provided)'by Consultant 'for .the Project, represent Con ultant's best-judgment, b - as -an experienced`. design prof- sional'fam,iliar ' i;th - the construction industry, Provided, however, fhat', Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary .from. any -esti °mates. of Construction Cost or other cost evaluations) prepared "(o "r otherwise provided) by _ 4A - The:. Construction Cost Budget (as established n,Schedu[e "D'" hereto) hall=nof -be exceeded - - __ -_ —._ __.__ without_ fully- justifiab e;,_extraordinary, and_ , unforeseen- circumstances__(such as- Force. Majeur_e_ }_which__________ - - -_- are•beyond the control.'. of the parties. Any expenditure above this amount be- subject:to prior , City Commission approval "which, if granted atoll -shall be at. the .sole. and reasonable discretion of the City Commission: The City- Commission shall -- 'have no obligation" to :approve ^ ar increase - in tt:e Construction Cost Budget an..dj such budget is exceeded,, the C ty Commission may, at its sole a d reasonable discretion, terminate "this. Agreement (and the' remaining Services) Without any .furth:er` liability to the. City. 4.5 If the lowest and best base bid: exceeds- the Construction Cost Budget by more than five percent (5 0 f6), the City Commission may, at its sale option and. elect any of the following options::: (1') approve an .increase to the Construction. Cost Budget;.,, (2) reject all bids, and (at its option) . authorize rebidding of the Project; (3) abandon the. Project and terminate the remaining Services without any further liability to the City (4) select as many Deductive; Alternatives as may be necessary to bring the lowest and best bid within the Constructibh Cost Budget; or (5) work. With the Consultant to reduce the Pr Scope, construction schedule sequence 'of Wgrk, or such other, action. _as d'ee.med necessary; to reduce the Construction Cost Budget. In the event the City"elects to reduce the Project Scope, the Consultant- shall provide any required revisions to: the Contract Documents (,inci' udin' without, limitation, fhe Co'n5truction D.ocuments), and provide re- bidding services as many times as r.easonab(y !A1CLFBERG ALVAREZ' AND PARTNIE:RS - PROPERTY MANAGEy1ENT ,FACILITY 0712312010 requested' by the Clty,. at no a dditional cost to the City`, :in order to bring a resulting, responsive and' respoiisibla bids withih five percent (5 °!0;} of .th`e Construction Cost Budget: ARTICLE 5. ADDITIONAL SERVICES - 5.1 Additional .Services : Shall . be erformed by Consultant following receipt of written; - - P _ authorization by the Project :Coordinator (which, authorization mu t, be obtained prior to commencemenf 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; Reimui s e Expenses (if any} with a '`Not' to Exceed'' an bLidt;; the ::amended, Construction Cost Budget (if 'applicable} fhe time required to complete tY e Addltidnal Service ; - and an a'merided Project Scf edu{e (if applicable), " "Nof to Exceed" shall mean the - - _. - - rnaxlmum cumula #i,ve hourly allowable ('or, in. the case:,.of Reimbursab e Expenses, the maximum. cumulative expenses allowable }° which the 'Consultant. shall not exceed. without further: wriffen _ au thorizatlon.rof fhe Rroject _Coordinator .The' "No.t.to: Exceed " amount is not maxlmu:m... � .. ._. _ t for the addltronal work 'requested` '(or; in the: case of Reimbursables, for'the expenses:}, and all cos Q applicable to same shall be verifiable through time heets (and far Relmbursables.;, expense 5:2; Additions{ Services may include, but not be. 512 Providing additional work relative to the Project: .which ari es from subsequent crreum stance s and causes which do�not currently exist;, or which are not contemplated' by - T` - the parties at'the time bf :execution , bfA iis: Agreement (excl`uding circumstances "and. causes resulting from. error; omission, inadvertence, ,or negl gence of Consultant): 5. 2'.2 Serving as; a'n expert,. 'witness in ;connection: with any public h e arin g,, a rbitr a tion" proceeding, or: lecal proceed'ing,, :unless the subject matter at .issue has arisen from the' error - omission, inadvertence or ne.gliger%ce of Consultant: n 5:2`:3� rintentionally:Om tted] 5:2.4 .A$sJstance in connection with bid. protesis,., re- bidding; :or re ' negotiating contracts (except for Contract Document revisions and re- bidding s ervices required under Section 45 hereof, which shall be :provided af:no additional cost`to City ): V11:0i� B RGALV.4n= Z..4ND r;4RTNERS -`P trJt�cRTl' Ivi4l�lAG_MENT AC1L.I,Tv d.71 _3;2�J10 ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable' Expenses are an allowance set ;aside by the City a shall include actual: expenditures rriad`e by the Consultant. In `the interest of the ;Proje.ct.. The ,Reimbursable Expenses allowance­ a5 specified in Schedule "B" hereto; belongs.to, and shall be controlled by, the City. Any money -not directed to be used by City for.Reimbursabie Expenses shall - remain with. the City y (!e. L por ions will ndt be paid �o .Consultani), Notwi hstanding the above, any Reimbursable Expenses in excess of $50a must be a uthorized, in advance :, in writing, b ' 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 - certif as to: each ouch- invoice and /or .voucherri - that the. amounts .and items. clammed as :reimbursablb� :are "true and correct: and in accords :nce 'with ti e' 6.2 Reimbursable. Expenses may include, but not limited to, the following: A - y '62 cost `of reproductl courier; and - posfage`_.and._ handling_ oft drawings specifications, and .other Project documents. (:excluding reproductions f(Dr the: office, use of . the Gonsultant and its suk- consultants and courier,: postage and _ ha'ndling cosfs= . "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 Miam 'Beach regulatory bodies having jurisdiction over the Project (L 'e. City. permit fees) ARTICLE 7'. LOMPENSATION FOR SERVICES 7,1 Consultant °`Not to Exceed" fee for provision of the Services shal be $286,91 with ' a Reimbursable Expenses allowance of .$28,300 00. : 7.2 Payments for Services. shall be made within forty -five (45) calendar days of receipt and approval 19 G WOLFBER:G ALVARE AND PARTNERS - PROPERTY MANAGP(��1.ENT FACILITY ,i'23,'�01C� of an, acceptable invoice by the Project - .Coordinator. Payments :shall be made 'in proportion, to the Services satisfactorily performed, so that the payments ,for' Ser v ices never „exceed.:the - progress` percentage noted`in the Consultant's Progress. Schedule. (to be submitted with each' invoice). No. mark. up shall` be, a'.. W d on subcontracted - -work. - T`2 Approved Additional Services: shall be compensated in accordance . ith the hourly rates in - Schedule ``C," attached h Any - request.for payment of Additional Services shall be included with a Consultant: payment:. request under Article 7.1 hereto: No mark up- shall be allowed on subcontractzd. Additional.:Servmces. - 7.4 Approved Reimbursable Expenses ' h 11 ' be� paid in .accordance with Article 6 hereto, up to he: Not to Exed Reimbursable :aliowance, amount in Schedule B hereto. An re nest for a rrment of Reimbursable Expenses shall also "bez included. with 'Consultant's: paymerrt .request under Article 7,1,. No mark =up shalf'be allowed on Reimbursable Expenses: - g 9 - y y y 7:5 ESCALATION: Dunn the Term of this A reement, the 'City ma ., b -. written di - rective approved and' executed 715y Cmty. Manager, adJust the, fees included in the Hourly Billing Rate Schedule in ._.- Schedule.'C - "- hereto,- ao,:refiect-- the:.dhahoe -in, the - :Consumer - -Price 1 dex- ( :CPi) =on.a yeas -to year :basis. -� -- Such ' a djustmen t wili be based' on th � , Cum ula tiver change .of the C PI for the, u rban- a r ° -- p rovided' that the annual increase shall- not exceed: three ercent 7 6 No seta nage ,sha11 be made from ,the Consu Cant's compensation on account of s'um : withheld_ by the :City on payments to Contractor: 7.7' ,METHOD OF BILLl,NG AND PAYMENT:. Consultant shat!; 'invoice the Project Coordinator in a- timely manner, but. no more than once on. a monthly basis: invoices shall` identify the nature and percentage co mpletion of each phase. In vb.iceS shall also ite nine and, sum'ma'riz'e any Additional Services and /or Reimbursable -.Expenses. A copy of the- written approval of the Project Coordinator for`the requested Additional Services) 'or Reimbursable Expehse(s) `shall accompany the. invoice.: 7.7:1 if requested, Consultant shall provide back -up for past. and current invoices that records hours for all work. (by employee ca tegory) and cost itemizations for ReimbursablA Expenses (0y ­category) 7.7,2 The City shall pay Cnsultant within 'forty -five ('45) calendar ;days f.r'orn receipt, and VV�� 3= ZG.ALVF '.AND PARTNE , S - r�ROPEr� i Y MANAGEMENT r:.ACIL� i Y 0.7,'23;'2010 f 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 & CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.' Consultant shall :keep any and; all such records. and accounts, at Consultant's office (at `the address for Consultant - desi nated in Article 15 'Notices,'' hereof). as,:'m,3v ibo. re q 0irec.. J n order I record eomp`iete and correct entries as:'to personnel flours charged to, the Services; :and any expenses "- for. which Consultant expects to be reimbursed. I'n .addition_to the peecedi`ng, all books, records y corres ondence technical documents, and an , other records ;or documents related: to ffie Services P_ Y and /or Project will: be available fo.r examination ;and ra'udit by the City Manager,, or h'is /her authorized representatives, at 'Consultant's. office; °during, customary business h'o:urs. All such records. shall be kept at_least fora period of fh' e (3) years after Consultant's completion ;of the:Services Incomplete or 'incorrect entries in: such records` and aecoun s relating personnel' services. and expenses may be rounds for Cit s oisallowance - an - fees or -eXpenses based upon such entries: - Consultant shall- 9 Y... Y also bind its sub consultants to the re uiremen #s of this Articleand ensure om li n. _ . _ c :: . p ,ance. erewith_.- ARTICLE 9. OVIIN'ERSHIP `OF PROJECT-DOCUMENTS 9 . -- Alt notes, --- - correspohdence, - ``documents; ` ^ ;draw:i`ngs; -- ` - Qalculations,: - - _ . _ specifications, models,.; photog;ra`phs, reports, surveys, investigations, an any other documents (whether completed or partially compieted:)..and :cop "yrights thereto fore Services performed orproduced in the performance of this* Agreement; or related to the :Project; whether in paper or other hard - copy: m_e °dium or in electronre 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, repro.d'u:ction, shall become: the "property of the City. Consultant shall deliver all= such documents to the Prc'f6ct Coordinator within thirty (30} days; of cornolOtion of the Services (or Within thirty (:30). days of expiration or earlier termination of this Agreement as the case may be). , "How the City may grant =an* exclusive: license of the copyright to 'the Consultant for reusing and reproducing copyrighted. materials Or portion a;.thereof as authorized by the City Manager..in advance and in writin g, In addition, the Consultant shall' not disclose; release- or make availa5le any docurnenf to any third without prio "r w "ritten approval from ahe City Manager- The Consultant shall warrant to the City that, :it has: been granted: a license to use and. reproduce any standard detail's and designs owned by a - third party and' WOLFBERG ALVAREZ AND ?Ai'TNERS - -PROPERTY MANA'jLtv1LNT FACILITY 07123'20110 use or r.`eproduced. by the Consultant i ,the performance` of this Agreement. Nothing; contained; herein shall be- deemed to exclude anydocument from Chapter 119, Florida Statutes: 9.2 The Consultant is permitted. to reproduce copyrighted .material d escribed .a bove subject. to prior written approval of the City Manager. 9:3 At the. City's - option, the Consulta may "be' authorized as an Additional ,Service, to adapt copyrighted` material for additionat or other: work for the .Cit however, payment to . the Consultant. for such adaptations be limited to an amount not greater than 50% of the: original fee earned .to adapt the copyrighted material fa a new site.:. _ Ctty shall: have the `right to modify the - Project - - or cornponents permission - from the - Consultant, or without any additional carnpensation fo "the. Consultant. The Consultant shall be released ;from any liability resu Ling from such mod ficatton: - 9,.5 The Consultant shall bind all - sub= consultants; to the Agreement requ erne:nts for re -use of plans .._..___...___ ._ and-specifications; ARTICLE 0. TERMINATION OF.AGR'EEMENT - 10.1- TERMINATION FOR LACK OF FUNDS: The City is. governmental entity and is subject to the, " -_.._ - - ro �iation of - funds -b its_ le illative , od - -in - an- 4amount - sufficient -to --- al :f`ow continuation of'its — r -- P.P P Y 9 Y performance in accordance: with the terms and conditions of this Agreerrient. In the even there is a lack of adequate funding either for the Services or the Project (.or both ), the City -may terminate this Agreement without.further to the City., 10.2 TERMINATION. FO R CAUSE: The City; through the City Manager, may terminate this Agreement for cause,. upon; written notice to Consultant. in the event that the Consultant (11- violates any provision of this Agreement or `performs same to bad faith,; (2): unreasonably delays the performance. of the Services or an.y portion thereof., or (3) does not. perform the Services or any portion .thereof in a timel and satisfactory. manner: In the case of termination for cause by the City, the : Consultant .shall first be granted a. thirty d'ay cure period (commencing. upon receipt of the initial written notice of default from the City): 10.x.1 In the event this Agreement is terminated for cause by "the City,. the. City: at -its sole VvOL��E c:� ALUAREZ AND PAS - rN,, - PROPEP,7\'�MANAGEMEN i ; ACI�t�Y 07,23/2010 option and discretion.. .may take. over the remaining, Services and Gornpleae Then by cont=acting with another consultant(s);, or otherwise. The Consultant shall be :liable to the City _ for any additional cost(s)i incurred..b -y the City due to such term'i'nation; "Additional Cost" is defined as the difference. between the actual; cost_of .completion of the` Services, and .the cost of. completion of such Services h`ad: the Agreement not been terminated. _ 10:2.2 1n th& event of termination for cause by the City, the City shall only `be obligated to:; . a Consulta "nt for those Services satisfactorily 'performed and: accepted rior t , pay _ Y .p p P o the date of .:� ,. - termination (as such date is :set, forth in:, or can be calculated from, the .City's initial: written_ - _ -- - - _ e ault'notice).. Upon payment of`any amount which "may pe 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. fo Consultanf Under subsection 10 ;2:2 the ,Consultant. shall promptlyassernble and °deli:ver to the Pr ol e f Coordinator any and._ all Pr d ocUMOntS prepared (or causetl to ;be p repared) by' Consultant, an'd referenced JO subsection 9:`1 hereof 'The City sEall n'ot be responsible for 'incurred by Consultant: for assembCy, copy, and /or de{ivery of Protect. documents. 10.,3. TERMINATION_ FOR. CONVENIENCE n- on o the City's, k ht to terminate for cause, the_ _ City througlj . the - City Manager; may also ` termnate` this Agreement; upon 'fourteen (14:) days prior notice - to- Consultant; for convenience, wit: outs cause., and without penalty,, when (iri its sole discretion) it..d:eerris such termination to be in the best interest of the City. In he .event the City° terminates the Agreement fo.r convenience, Consultant shall be compensated' for all Services; satisfactorily perform - e:d and accepted up to the termination, date, .(as set forth In the City's written notice),., ands for Consultant's costs ,in, asserhbly'a'nd delivery - to the Project Coordinator of the Project. documents (:referenced' in subsection 102.3 above). Upon payment of any amount which tay be due to: Consultant pursuant this subsection 10.3,. the City shall haue. no further liability to 'Consultant. to - A 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 Agreerrient or unreasonabl "v decays payment of .the Servrces or any portion thereof. I 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.:Cityl shall first be grqnted a thirty (_30 day cure period ('comme upon receipt of Consuitant's , . WOL; =3'�RG ALVAR-Z AND PAR r NEERS - PROPERTY NiANAGEME . T FACILITY OT23P201'0 r . initial written notice }: 10 The Consultant shall have.'no right to f erminate fhis.Agreemert for convenience: 10 5 IMP'LEMENTATIO'N OF TERMINATON In. th'e ;event 'of termination (.whether for cause or for - convenience:), - the .Consultant shall immediately; upon receipt, of the ' :written notice :of terninati:on ('1) stop the; performance of Services;, (2) place: no: further orders or issue any other subcontracts, except for those which may have already been as ' roved in writing, by the Project Coordinator; (3),terminat&all existing orders -and subcontracts; and ('4:) promptly assemble all Project documents (for delivery o the` Project;Coodinator) -_ ARTICLE - - *. `INSURANCE -. �.• 9 g � nt shall maintain the folfowRrtg:= At a.11 times ;dur�n the Term of fhrs .A. reeinenf;..Consulta required insurance.coverage. in full force and effect: The ,Consul #ant.-' hall not commence any work until` satisfactor roof of all re y..P. _ quired insurance coverage has b een furnished to the Rrotect ^Coordinator (a _Y Professional Lability Insurance, "in the amounfi of one miilipn dollars ($1,000,0`00 00 }, per occurrence, - with - -a - maximum - deductible- -of $`150,000 per occurrence — $450;000 = 'aggregate ---- - - - - -- Consultant. shall notify. the Project Coordinator in wntmg, within thirty (3Q) days ofi any` claims filed or`rh8de, against' its Professi'o,n'al Liability lr surance po icy. (b) Cornprehensive General Liability- Insurance, in the amount of one million dollars. ($1 ), Si:ngl'e Limit Bodily Gh and Property Damage coverage 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), Wo compensation and:. emploYer's liability coverage withhin the statutory' limits required.. under Florida Taw: 11.2 The Consultant : must give the Project Coordinator at least. thirty (30) days prior written notice of c; hn ellation o_r of`substa modifications in an;y required insurance cover age:.All certificates and endorsements shall contain this requirement. 11.3 The insurance mush be furnished by an insurance :company' rated B +:V1'. or, better, or its \A/OL BERG AL VARE AND PA - PRCOPER i Y MANAGEMENT F4CILi Y 071232 0101 4 equivalent, according. to Bests Guide Rating Book and by insurance.compari es duly authorized to do business in the State of. Florida, ,and countersigned' by the companys. Florida resid&h agent. 11:,4 Consultant shall provide the Project. Coordinator a certificate of insurance- of all required insurance: policies "The City reserves the right to, re qu re: a cerfified copy of such policies, upon :wriften, _ .request to Consultant.: _ , . ARTICLE 12. INDEMNIFICATI AND HOLD HARMLESS Pursuant to ;Section- 725:08`; Florida -State es, the= Consultant- shall- indemnify and harmless the City and `its off. leers, employees; agents::and i;nstrumenfafities; from liabilities damages, LLlosses, and. cos ts, including,, but not Iimited to; reasonable - attorneys':fees, t. the extent caused by the; neg igence, .recklessness, or intentionally wrongful - conduct of the Con'sultacit and other persons employed .Or utilized by the = Consultant in the performance of his Agreement: Tf' e Consultant sfiall ;pay all claims and losses in conne th&OW,th and' :shall ;investigate and -- — defend Tall claims; - surfs, or actions of any kind-. -or- nature - -in -the, name- of ie -City, -where - applicable; - — `_ _ mcl; udirg_ appellate proceedings_; and shall Pay all costs, �udgme and - _ attorney's fees`which may - issue thereon. Consultant: expressly :understands: and. agrees that any insurance protection required by this .Agreemen or otherWise. provided by Consultant. shall in "no way limit its responsibility to indemnify; keep; and save ,harm ess and.- defend the City or its officers employees, agents, and - _�_�� ^___ _ -- - - --- - instrumentalities as -here' ein-provided - -- i - - - -- - - -- , - -- - =- -- - - -- - - - =- - -- -- - - - _ - �`_ - - - -- 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 parficipted either through review or concurrence of the- Consultant's actions. in reviewing; approving or rejecting any subrpi "ssions 6y 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 andor any registered professional (architects andlor engineers) under this Agreement: ARTICLE 13. ERRORS AND OMISSIONS 1 �.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 VNOLI= _RG ALVAR=_Z'AIJD PARTNERS PRO?cRTY NIANAGEMEN T..FAC1LFiY 07:123/201 10 Documents that were prepared: by the - Consultant will constitute an additional; cost to the City `that would not have been incurred the error -. The .damages to the :City; for.ertors; omissions or any cd binat{ons: thereof shall be calculated ,ads the total cost of any damages or rncremeritaf eosgts to the City resulting out' of the errors or omissions, by the Consultant. Damages shall include delay damag caused by the er..ror, omission or any combination thereof:: Should the Consultants disagree that. all or part of such damages are the result. of errors omissions, or any corrib{nation 'thereof; the Consultant.may appeal' this , determination,, [h" writing, to the `City's Capital Improvement` Projects Director (.the Director). The 0 irector's decision on all cla;�r s, questions and_ " — - disputes= shall 'be final, conclusive and' binding upon the parties hereto unless .such- determination, is - clearly ar- bitra'ry or :unreas.o,nable: In the event that the .Consultant does :n:ot agree with the: decision; of - the Director, the "Consultant shall present a = ny such: :object ons; `in writing;, to the City Manager: Th:e " D rector.and "the Consultant shall abide` by the decision of Ah City Manager This paragraph does .not constitute - a w 'a{ver of.'any party's rig. t .to proceed in a court `of compefOn. jurisdiction after the above _ adrn{nistrat{ve remedies hav bee exh'austed.. - ARTICLE . 14 - 11MITATION -OF LIABILITY The City desires; to enter into this Agreement only if in so doing the City can place a limit on its liablity,- fo;r an'.y ' ause.of;action'for money`damages due: to an all( d d,.breach ay the City of th" Agreement, so' that its "1{ability for :any such breach' never" exceeds the " "not to exceed"` amount of the .fee - pald-to -- g _ -- . �_ _- ____ _ v ( Y _ __ Consultant. -under this A ment,: less an y amoun y t s actuali :Paid aid - o Consant h ree ereunder.. Consultant hereby expresses its willingness! to enter into this Agreement 'with Consu ° s recovery , ftom, the. City for any damages for action for breach of contract to be lim to Consultants '`not to exceed" fee under this Agreement, less any anio :unt(s) actually paid by the City to the .Consultant hereurder: Accordingly,, and 'notwithstanding any ,other aerm 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 am in excess ;of the not to exceed amount' of Consultant's fees under this Agreement iwtiich amount shall be reduced by any amount(:s) actually paid by the City to Consultant. hereunder. J 1 Nothing contained in this subsection or' efseWhere- in this Agreement, is in a;iy wa.y intended: to be a waiver of: the limitation p laced upon City's liability, as set forth in Section . 768,28`; Horida Sfatufes. =E �i :VC�L =$ERG HLV; tZ =� AN D PARTM1IERS, i?FZO?ER t t` IlrtatyAvC +1CNT FACILITY Q7,23'2C O ARTICLE 15. NOTICE All written notices given to City Consu(tant sh b addressed fo City Manager's Office - _ City of . Miami :Beach 1700: Convention Center^ Drive M;iam.i� Beach, Florida 331.39. Attn --A ,ssistant City Manager Jorge Gomez - With a copy to: y Capital lmprovembnt.Projects Office Cit` ` of Mia' i Beach y i. - -. -- 17:00 Convention Center. Drive - Miami. Beach, Florida 33139 Aft n - -- - Charles Ca repo ; P E: _ -__ __ All' written no given, to the Consultant from the City sha11 be addressed to: Nlarcel.Morlote, AIA Senor= Vice- President Woifbzrg Alvarez-& Partners:. 1,.5.00, San Remo Avenue Coral. Gables, - FL, •33'146 All• - notices mailed to -either.party shad be deemed. to be sufficiently transmitted 'if sent by certified mail. return .receipt.,reo,uested`. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be ao:verIn by, and construed in accordance with. the, i of the State of Florida, both substantive ei r6m`e d.ial, Without regard to p rinciple s of conflict of raves The exclusive venue for any litigation arising out of this Agreement shall be Miami- Dade County, FI`orida, if in state court; and the U..S. District••.Cou" t. So' th rri District of Florida. in federal court: BY vV. oL, �B '�RG'.A�VAr�,'c_.ANL?,�?Ar2TNr s-: PRoe ivIAN.AGEMENT FAGI�ITY' Qti`3r'20'1'G' • ENTER[NG .INTO TH'IS.AGREEMENT. CONSULTANT AND CITY EXPRESSLY`WAI ANY RIGHTS EITHER PARTY MAY HAVE TO A, TRIAL BY ,JURY` OF .ANY .CIVIL LITIGATION RELATED TO, :OR ARfiSING OUT OF THIS AGREEMENT. 16 :2 EQUAL `OPPORTUNITY EMPLOYMENT :GOALS: Consultant. agrees .that it will hot - g y em fo ee or app-lica:nt for em`ployrnent for .'work ender this Agreement- discriminafe against an p y because of race, color; religion, sex, age, national. origin, disability or sexual orientation; a;nd will take - affirmative steps to e n s ure that applicants are employed .:and employees are trea ed during employment without regard �to race :color,: religion, . ex, age, national- origin,, disability, or sexual 3. P..UBLIC ENTITY CM ACT ,In accordance -with ; the Public'Entity Crimes Act (Section " 29.7 133 Florida; Statutes) a person or affiliate. who is a consultant, who has been placed on the convicted vendor st foliowmg a .conviction fora public 'entity crime may not' submit 'a bid on a contract - :. tea 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 thel may not`^be awarded :o`r perform work as a contractor, supplier, subcontractor; or subconsultant . under._a- .contract w.. the .City, and ma _.not transact_b.usiness w'ith�th`e City�in_excess_of .th''e threshold .- -. -__- amount proyided in Section 287..017, Florida Statutes for Category` Two for period of 3& months from ..the : date of being placed on the ,convicted vendor list For ;violation. ;of this subs-eetion 'by'' 1 _ onsul Consultant, "City ;shall hawe� th:e right; fo `ferminate - th;e 'Agreement without any 1 iability to City, and - - -_ _�_ -- - -- -- -ant --------- . pursue debarment of C 16;:4. NO CONTINGENT FEE: Consultant warrants 'that. it has not or retained' a company or person,, other than a bona fide employee working solely for Consultant, to solicit. or secure this AgFreement, and that "it has, not paid or agreed to Pay, any person, com`pany corporation, individ "ual or firm, other than a bona fide _emplo.yee, `working solely far Consultant., any fee,, commission, ercentage,, gift or -other cohsid:eration 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 th contract price (or otherw re.cover). the full amount of such fee come ission, percentage,, gift 16;.5 LAWS AND REGULATIONS: ��V CLr Scr.G SLVa E Na ARTN RS: - PROPERTY MANAGEMENT FACILF �.07!23f2G1 Q 1:6.,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. 1.65.2 I`h. accordance.. 'with Section 1 19 Q7 (3) (ee), Florida Statutes, entitled.' - "Inspection,; Examination, and - Duplication of Re' cords; Exerriptia'ns, "`all building: plans - blueprints, schematic: - drawings, - and .diagrams including draft, preiirninary, -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. di closed - to another ,entity to "perform its :duaies and responsibilities;: to a I"-- d � architect;: engineer,, or V 'contractor: who: is performin work on , or related to the Project; or' u on - a- .showin ofi . 9 1 p 9 good - cause before; - a " court of competent lurisdlcton. The` entities. o'r per:sons recelving such mforrnation shall maintain the. statu of• the inform ion 16,:5.2.1 :. - - in - addition to ,the above requirements in' thin subsection 1.6.5:'2, the - Consultant. agrees to. -abide .by all. applicable Federal, State, .and City procedure's, as may be amended from time to time, by which the documents are handled; copied, and; disfr- Ibuted which.- mayinelude,_ but is not Iimited to,-- each -- employee - -of _Consultant- :and =- - _ - - - - -- sub consultants that will be involved , in. the Project being required to. sign an agreement. : stating-`.that -they not not copy,, -du' uplicate, 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 tp be kept and maintained in a secure location. 1.6::5.2.3 Each set of the Project documents are to be numbered. and the whereabouts of the documents shall. be tracked' at all fimes. 1`6:5.2.4 AI log is developed to track. each set of documents logging: in the date, time., and narrie of the individual(s) that work on or view the documents.. 16::6 CORRECTIONS 'TO CONTRACT DOCUMENTS; The Consultant 'shall prepare„ without add 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 n ot be construed to relieve the kAlOLF3EER .ALVAR` ND PARTNERS — PROP PT IVIA.NASEMEN T FACILITY 0. 7123/201 Q, a Consultant from any liability resulting: from any such errors, 6 iss bris, and /or ambiguities 'in the Contract Documents and other documents or Services related- thereto..' 1�6.7� WARRANTY: The Cohsultant warrants that' the Services furnished to. the 'City under. this. Agre.emerit.shall conform to the .quality expected of .and usually provided by the proTession in the State of Florida appiicabl.e to the, design and constructio of public- and commercial facilities: 16.;B NON EXC:L ISIVITY: 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 consu;ltant.to perform , any incidental. Basic: Services; Additional_Ser ices or' 6th; pr`oless�anal services wEftin tfe con Tact limits defined" in the Agreement. The:Consultan shalt have no: claim against the Ci #y as a result of 'the C ity electi to r or utili such other." architect; engineer, :design: - prcfess�onal or other consultant to perform a'nysucii incidental Services 1,6 AS The Consultant shall not assign . tr or convey -this :Agreement to any other- person; °firm, association or 'corpor"ation, h whole .or :i'n part without the prior .written consent °of _ - th.e City Corrrmission; :which corn ent,. if given at. ail, shall be at tfe Co,mm�ssion'_s: .801' Iii and. discretion However, the Consultant w�N' be permitted to cause portions of the Services to be r - ed b - sub = consultants - .sub ect - -to the r -ior written - -a roval - 'of -. the -Cit �-Mana er _:._as � rovided - perfo .m , y 1 P f?p y g. P herein. 16:14 S.UC-CES'S'ORS AND' ASSI '.GNS': The Consultant and the 'City - each bind himseff?f erse f - - -- _ - -._ �_ - -__ - -- -- - - -- -- -- - _- - - -- - - - -- - - -.._ - - _ __ - - _-- - - - - -- - -- his/her partners,; successors Iegal 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 811 covenants of this. Agreement.. The Consultant. shall afford the City (through the City Cbmmission)Jhe opportunity to approve of 'reject ail 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: 1.6.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: I n.:the performance of the .Services prescribed herein. it shall be the *responsibility of the Con ultant to. provide all salaries, wages materials, equipment, sub - consultants. acid other purchased services, etc... as necessary to complete, said Services. 1'6.1.2 INTENT OF AGREE_M ' NT`. _0 " kit /OLFBERG A_V/ -NREZ AND PARTNERS -PROP PRIT Y k!ANAGEMENT FA CIUTY T23/2010 16.12.1 The intent of the Agreement is fo`r the Consultant t' provide design: services, and_ to include all necessary ifems for the .proper completion of .such services for a fully .functional Project which, where constructed in .a`ccordanee with the design, will be able to be used by 'the City f 'its- intended purpose: The Cons ; ultant� shall perform, a Basic Services, such incidentai work which maynot b.e specifically referenced, as necessary to complete the Projecf: 1'6 Thais Agreement is for the benefit of the parties only and it does not grant, rights - to a third: party beneficiary; to an person, n or , does it authotize anyone. not a party to the Agreement. to maintain a. suit for. persona{ injuries professional:.liability; or .property damage pursuant the terms or provisions of the' Agreement. 1`6 12 3 No acceptance, order, payment; - or Certificate of or by tee: City; o17 J s employees or - ~ "- agents; shall either stop the City from asserting any rights ;or operafe 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,, -- % 1`6.13 This document- - incorporates and includes :ali pnorLL negotrMons,. correspondence,__ _–_ conversations,_agreements, -or.- understan - - applicable -to the- _matters_conta ned_ herein,_ and the. parties agree that- there .are no commitments agreements, or understandings concerning: th e . subject matter .of._ his Agreement that are not contained :in this docume_rit:. Accordingly,: the parties agree - ,fhat r o: deviation -from the terms,' hereof shall" be - predicated' - - ____.� _ _ - -w- - _ -- - -- - - - =— __ - -- - - - -- - -- - - — - -- - - - f - - -- - - -- upon any prior -re;presentations or agreements whether oral or written It is f urther agreed that no modification, amndment or alteration in the terms or conditions contained` herein 'shall .be. effective unless memorialized in written d approval and with the same formality and of.equal dignity herewith; ;i �1VQLF3`R� ALVA �-7 AND PA TNEP.S PROPERTY - ��tL4NP��iv1�Ni ,rF��ILI Ir Q?,`23t2G1`C? z Y IN WITNESS WHEREOF, the parties hereto, have hereunto caused these presents to `be signed it their naives by their duly authorized officers and principals, :attested by their respective witnesses and City Clerk` on the day.and year first- hereinabbve written. Attest: CITY OF MIAMI BEACH,.. r f f CITY CLERK MA OR CONSULTANT.. Wolfberg'Alv'arez. and. Partners. ure /Pr_e ident -- - ;_------ .----------- .---- - - - - -- - - - -- - - - -- _ . Print Name 'Print. Name .:.._ .. t APPROVED AS TO f.ORM & LANGUAGE: & = FOR EXECUtl ' [IQitlBY_ sate t? OL -BEkG AL:VAE?EZ ANb PAR NI S - r ROP-7R;i Y MANAC =M:_NT FACILITY G 123;`2010 SCHEDULE A: , 4 I �t�LPB =RC ALVAR Z' ANn PAP <LNERS.- PROPERTY ANI�G (v1ENT ACILI1Y. 07193,'2010' t SCHEDULE. A: PROFESSIONAL SERVICES AGREEMENT:'BETWEEN THE CI M{AM! BEACH &. WOLFBERG ALVAREZ PARTNERS PROPERTY MANAGEMENT FACILITY PROJECT' SCOPE OF.SERVICES - CONSULTANT: Wolfberg Alvarez & Partners (tt*d "C.ONSULTANT ") - BACKGROUND The relocation of the Property Management Division to a site _outside of Flamingo:_ Park has been _a longstanding goal' .of• both Flarnmgo neighborhood- residents and��the- City After completing an extensive ;evaluation, the Adrnnistr anon has made) the :determination to: relocate. Property Mana g ement_to square foot City -owned property - located -at 1' 833 ;Bay - Road -(see attached 'CD" :of , boundary survey).. This property : is legally, described as; . -- Lots 10,11, 92,; all in Block. `13; Amended- -Plat of4Block - Thirteen of he Alton- Beach -- -- - - Rea`!fy C'otnpany, Book 9, Pa a 546, Miami -D 'd County Records, Flvricla. _:��__:___________ _ g _ . On September .09, 200.9, the Mayor- and- City Commission -the issuance. of Request 'for Qualification . (RFQ), No. 10- 09/10' for ,the Planning,. Design, Bid and'Award and Construction Administration Services for the Property Management facility Project On January 04, 2010 :.RFQ Na: 10 -Q9 /10 was `°issu:ed,.and' on March 01_,2010, the Ey al'uat ion Committee raciked Wolfbor Alvarez & _Partners_as to ranked firm. Qn M_a 12, -2010,, the Mayor and City. Commission authorized. the Administration to execute an .Agreement with W61fberg Alvarez & Partners; for the Property.. Management Facility Project (Project), in the, amount, -of , 1286:.946.28, • plus; an additional of $28.300 for approved reimbur..sables, for acchitectu`ral, engineering and Landscape. architecture services for the Planning-, Design, Bid and Award and :Construction. Administration services' for t h e. Project... Th final project shall meet at a illl the. LEED' S ilver rating•, with 'high rating 'levels encouraged : SCOPE OF'StRVItEs TheE Consultant shall provide Programming, Planning, Architect'' ra { Engineering, Landscape Architecture and. Surveying, as necessary for the Project and as :delineated in the agreement between Wol,fberg Alvarez and `Partners and the City of Miami Beach pursuant to Resolution 2010 -- 27:383, and in accord with. these Exhibits .A, &,C,D,E,f;.G H, attached hereto. The work shall include, but not be limited 'to, survey,ing,, geotechnical, programming, planning conceptual drawing(s), design.. development, estimate(s) of probable Pi•opert� .Vfana`lenient'FaciIitv I Schedule -)0l l cost, construction documentation, permitting, bidding, f. award; and construction: administration: services for the Project: 'The :CONSULTANT's basic services 'shall consists of Six Tasks (inc lusive o f Planning, .Design; Bidding and- Award,. Construction Administration, Additional Services, geotechnical surveying and other. Reimbursable services as. described in the this "Schedule A; Scope. of Services ?' and including.; without- limitation, any and.. all `f the CQNSULTANT's responsibilities Arid obligations, as set` forth. i' the attached` General - Conditions of the Contradfor: Co nstruction: anal C at Risk Agreement (Schedule F): - h e. City. :of Miami Beach .(Cityj- rnay, at its sole option, choose to employ conventional bids, Construction Mang er CM at Risk, �or Job Order Contract JOC 'for the P'rgject: The Corisultanf shall .cooperate fully=with; - f. ) t Y 9 the General .Contractor CM at -Risk or JOC Contactor selected by the- Crty., Ail required drawings shall be._ z - prepared; utilizing CADD (vector form "at) in conformance "with:the latest City format; . v The CONSULTANT sli'aIC = become familiar with the. Project site through frequent; site visits. ; - research-, and exa:mination :of any record drawings; as a pplicable, and shall, notify the City of any field,, on site ,._or off -site conditions not sfown or incorrect). shown. on the;record.drawings, as may have been; reasonabl W he C16 Crty= will == facilitate- the- Corsultant's- access to: the- Project site- andlor- facilities-- - - - --= for investigative purposes: Frequent site visits :and meetings: shall continue through all design: phases of this Agreement until the Consultant. is thoroughly familiai° .with the existing. conditions any problem areas,. and /or existing hazardous conditions or materials: These site visits and meetings are part of the Consultant's Basic Services are- corisidered. due: diligence, and the Consultant shalt. receive no - additional compensation for such design: phase site visits and rneetirigs. Provided the, Consultant has conducted - a good_ faith investigation, the Consultant and the Consultant's sub - consultants shall n ot. be responsible or held liable: for undiscovered hazardous conditions or materials. - The. attached` preliminary program requirement documents; dated April 16, 2003, and October 07, 200.5. (see Schedule I). to be used as a. guide in developing the, Program for this Project. The CONSULTANT will l?e required to meet with City staff to validate these documents, and make necessary adjustments t', meet .current need's. At a minimum the proposed facility will include programming for the. following functions: • Administrative offices • 1/ Vorkshops.'(A/C - Refrigeration-, Electrical,- Plumbing, Carpentry, Painting) • Parts ihve'ntory warehouse (equipped with. storage racks and accessible 'by forklift) Materials storage f?roperty N lanaaement Facilir Scledule a i Hazardous materials storage ° Locker!rooms / restrooms • ,Outsi storage` area for playground equipment and other large items' Lay -down area for - smali .construction activities • Loading area .Oversized vehicles "parking • Emergency generator In addition:.the. CONSULTANT shall ;provide LEED consulting services throughout all phases of the °Project `including -but not' limited to Defining Project goals:within the:.eontext of -LEED. _ _ LEED documentation and applicafion; - Providing project specifications that clearly delineate al! LEED related responsibilities and procedures upfront_and p -e detailed - specifications of all materi_alstechnolo :ies, and , .rocedures__u 9 R P. theachieve.me.nt of`de gn intent and _LEEDLcertifi'cation Coordinating with: '6ridz assisting: the City's Commissioning Consultant in its implementation of .the Building Commissioning Plan. That plan shall result in full compliance nrith the LEED standard .for full - -- documentation - of - building- corrtmiss{oning In: particular - it will- structure - - and - `document - :the full initiation; -- -- -- testing, operational instruction,' and record documentation of all building sy terns Each - -team meeting should result in a - list - of clearly defined` and - clearly assigned actions-:and ._ responsibilities for'rnoving towards the achievement of LEED' certificatio a nd related project goals. The ".total estimated Construction Cost Budget for the project is approXimateiy $3,600,000, n'ot including a construction phase contingency allowance that is to be held in reserve by the CITY for or use during construction' ph ase. 13ecause time is of the essence, the.. City may require- (,in order to expedite. this project the CONSULTANT to phase this project. as described below Phase ONE: Demo lition Phase; Produce. a se# of permit ready demolition plans to be developed as a separate GMP Amendment to the Contractor (CM) to be scheduled. in advance of the Notice to Proceed for the construction of the new facility by the Contactor (GM). • Phase TWO:: Construetio.n of th'e Proposed Property Managerhent Facility.. Propert < \ +tana't ement Fadlit Schedule A. Q`'' 1 W210:11 t Basic Services, consist of the following: TASK 1 — P.LANNING SERVICES:: The, purpose of this Task. is to develop 'al concept `plan that meets the City' s functional requirements; incorporates community- input -, and stays Within established:schedul`e and cost parameters. The _P[annin Phase will include the following,, tasks; 1 . Project Kick Off Meetin (2) Pro'ect - Site 9 9 1. �) 1 g 1 . Reconnaissance Visit; (3) [nitiaF Planning Session.; (4) Preparation of a draft Basis: of Design Report (BQDR); (5 }, Condu:ct LEE[7 UVorksfiop (6),- :Review of Draft :BOOR WITH City` Departments and present °to QRB; (7 }: Preparation -and presentation of a final BODR`for approval by the Mayor and . City Commission. w - _ , Task. 1:1. - Protect lock' -Off. Meeting: The ;CONSULTANT shall meet :with the CITY to review _existing docum ent s, and_ receive copies of available reference documents. CITY shall ovide enera[ information regarding procedures and direction.. The CONSULTANT shall prepare draft: meeting minutes and forward .them to CITY ;for reureW and::comments. -The CONSUL shall= finalize anal distribute aceordi'n. gly = - The CONSULTANT ahall: prepare a :Dist. of requested background inforrraation, depart ment interviews -and any :other special area visits. The CONSULTANT shall. schedule a reconnaissance 'visit of the Project site, to be — - - -= attended by critical-- CONSULTANTpersonne[ as Detiverabl'es`:. Attend; Project` Kick -Off Meeting Pre and distribute ,Meeting Minutes Schedule: -'See :Schedule `°E Projecf Schedule Task 1:2 Protect Site Reconnaissance Visit: The CONSULTANT shall attend a Site Reconnaissance Visit. `This site visit shall also be attended by applicable CITY staff. The intent of this: task is. to facilitate the CONSULTANT'S understanding of the project needs. This may include document review; department interviews and re.q,uests for additional information t0. b e facilitated by the.; CITY_ The CONSULTANT shall prepare draft meeting minutes including action items grid individuals responsible for further action; and forward them to the CITY for .teview and comments. The CONSULTANT shall finalize and distribute :accordingly. Subsequent visits (at no additional cost to the CITY) may be required .to gather additional information. This fefsk Ancludes further document research,, exploration and documentation: .of existing conditions and discussions with particular on- site. personnel to understand their current conditions, shortfalls and future Property Nla►Iagement Facility 4 Schedeile1 needs. The CONSULTANT -shalt .inform the CITY of any additional document: ,or visitation needs so that` information C be research in a n , organized' and ti mely .ma'nn S @condary meeting with other agencies; code officials or utilities may also be necessary part of this task: The CONSULTANT shall prepare :draft meeting minutes and forward them to CITY for review and comments. The CQNSULTANT shall finalize and distribute, accordingly. Deliverables; - Attend Site Reconnaissance Project S.ite Visit :. Prepare °and distribute meeting minute Schedule; See. Schedule.E Project;- Schedule. Task 1.3 - initial. Planhi`n_g Session:: The CONSULTANT shall attend an initial Planning Session 'to be acheduled� with representatives of the CITY antl. the CONSULTANT. The ur ose of the session shall; be to P p - .- -: clarify Project goals to the user ,group (ps) .so that,- viable- conceptual 'alternatwes can -be 'explored . At this ;meeting, the CONSULTANT shall review the background information, program and life :op'tion's in or for an open brain- storming discussion regarding, the' benefits and disadvantages of each: This planning —__-ses`sion will_establish -the- groundwork_ fo` r -- the__d'evelopment -of initial - -- conceptual = alternatives - - -- - - -- - - -- The - CON'SU,LTA a NT -shall prepare draft meeting minutes .and forward .there. to the - C1TY .for - review and commentsThe CONSUL" TANT shall finalize and distribute, 9 L � accordn __. - `l Based on the results of the site visit, m at'eraEs presented at the Kickoff Meeting and during subsequent b a c kground gathering; and discussion and conclusions made at t h e initial planning session, t _ CONSULTANT shall develop. preliminary conceptual alternatives that are responsive to the project program budget,. and schedule.. initial' testing parameters: and investigative. work recommendation's shall also be identified` The CONSULTANT shall assemble graphic images: identifying alternative Project . design concepts,.. if..applicable., to, allow the CITY 'a :full Undeestanding .Of proposed alternatives. Theo CONSULTANT' shall develop Project conceptual - alternatives graphically .representative of Phase I Schematic Design level of detail. in'this effort, the CONSULTANT shall meet with the CITY to review the various alternatives. and discuss the benefits and'! disadvantages of each so tt at. decisions can be made on the 'recommended 'alfer- natives :and pri :orities. Each alternative will have a preliminary rough- order of magnitude (ROM) cost estimate with enough detail; equal to a Fhase I – schematic - design level of detail, to be able to compare and differentiate each alternative and make planning decisions.. Upon. completion of the work session the CONSULTANT shall make revisions to its proposed conceptual plan Prep rty N ana�JemenrFaeilitx Sdiediile a - ) 10,4 l (Sc hematic, Design. level— Ph a se !),, as necessary,; to develop : a Reconlmended. Deliverables Attend revieW session with representatives front the - CITY - . Prepare and distribute. meeting minutes Develop Project conceptual alternatives graphically representative of: Phase I -. - .Schematic: Design level of detail as noted above` Develop "budget" IeVel ROM cost, est'smate Revise proposed concept (P.hase I Schematic Design draw:ingsj and develop final - - - - materials for Recommended Approach -as approved by t : CITY Schedule: -" See - Schedule E - project :Schedu e - Task`: J'A- , .-P reparation of Draft: Basis of Design Relbort: �. The __CONS'L LTANT�shall_pre .are_;a draft Basis _of .Qesi n -__Re ort BODR `- re entity, _the __- _ nit: _ Desi n Worksho _:and firiai_ consensus ='desi `n la "n Phase -1 - =- `Schematic -Desi `n- drawin Y. 9 P 9 p � g 9 ). ry g . P BOD shall includ a summa of findin s„ site tan, ''and exhibit(§) illust rating all proposed Improvements, inclusive of the demolition of existing facilities and engineering limitations; construction; of b,uldings — - - - - ` - access - and pedestrian circulation /access - - - -- ---------------- `- - - - - -- _.- �_____- -------- - - - - -- Iri addition, the BODR shall include sufficient :detail .in plans (representative of Phase l` = 'Sche.matic Design ql (awib , sect notes, and key descriptions . to facilitate review by the .CITY permitting. `and - _ planning divisions discussed in Task 1:.6. Draft report may. include placeholders for portions or areas hat are under development to be completed' for the Final Report. At. a mihimum the draft BODR shall include. narratives and graphics illustrating; • Executive S "ummary summarizing the- contents of the BODR. A section reviewing the existing conditions.to be improved. A section. reviewing the planning and programming process and development of the. final recommended phased improvement. plan. This section shall included, detailed (representative r _ LL of Phase I - Schematic Design level of detail in the drawin s resentat'ions of all ro osed. g g) p P. p improvements., • A Project, implementation plan, inclusive of demolition, : utilities, buildings,. landscaping, lighting, vehicular access % parking,. and general site improvements • A Phase l - Schematic Design concept plan and design alternatives, if applicable_: • A section discussing the phasing of general concepts from the planning proces's,. if applicable: t'iopem; Management Facility - 6 Schedule 022i 10/2011 A `'budget level: cost estimate prepared in conformance with format .providedb CITY. Estimates sha {{ be provided for aII phased;: capita! improvements. • .A :schedule fdr °implementing the Project by phases '(i.e.. design, bidlaward construction , as applicable) including critical issues `and the time period allowed fdr resolving each issue. ' D.iscu regarding permitting authorities; having jurisdiction over Pro }ect and provide a:list of permits t icall retained b the Owner and' / or contractor. Uni . ue and /ors special ermitfin P yl? Y Y q:, p p g requirements shall be `identified a I si well as permitting fees. Faye (5) 'too ies. of the draft. BODR shalt. be provided to the C[TY for initial` review and comments and; shall contain the following sectjons, ;at a minimum Executive Summa Pur ose an Sco e, Existtn'g `Conditions re o:rt s > P,hase I Schematic Desi . . n drawin s, ,Permittin and Im 'lementation and Cost Estimates Deliverables Prepare: 35 copies :of the draft'BODR,. Sched See Schedule E -= Project Schedule - Task 1.5. - H'Abc't LEE D. Workshop and 'Prepare. Conclusion's: ---- - - - - -- - The- GON:SULTANT- shall: - .organize -- and--conduct- a --LE.ED (Leader- ship- in- Energjr= and - EnhVi' onrrientaf- Design— - Gre.:.n Buil`dmg: Rating System} workshop - to -be scheduled with appropriate representatives of the CITY and the - CONSULTANT fo discuss LEED registration -and ce.rtificati`on for "the new, facility: The Consultant's __ ergy efficiency' artd sustainable buildings ,. and Cfy Code Chapter 100= "Sustainability., Article 1, Green Building Ordinance" , addressing LEED compliance re;q.uirem, ents. The CONSULTANT shall' organize the. discussion around the specific. approach and method to accomplish achieving a minimum: "Silver` LEED ,rating (with higher.ratings sought if .possible), Delivet•ables: - Prepare materials and conduct workshop Prepare and distribute preliminary LEED Checklists indicafing prioritized; points and; likelihood of attainment. Prepare'. distribute) meeting minufes - Register .project'*th US Green' Building Councii . Schedule: See; Schedule E Project Schedule. Property Management FaciIIt\ i S:chediile . 0 „ 10/_0:1 I Task - 1.6 - - Review of Draft BODR with the Citv Departments and Present to the City's Design Review CITY (DRBI: The CONSULTANT shall meet- to receive, present and review the draft BODR with the following but not limited to CITY Departments- and Committees:, City of Miami- Beach Public Works. Departmeht City of Miami :Breach Property Management Department • City of Miami Beach Planning Department - _ _r -City- of Miami Beach Capital .Improvemen, rojects- Office:__ • City of Miami Beach Police Department City-of Miami °_Beach Fire Department _City of Miami. Beach Parking. Department -_•- City -of- Miami - Beach- Parks and - :Recreation / Green- space- - - -- - = - - -- - =- -- - - - -- __— ____ -..__ - _- �__- -- The CITY W co : ies of the draft BODR to the above noted CITY De a _tments .-, Comments shall be �..� -- - -- - - -- - - - -_— _ - - - - - - - - -- - solicited and forwarded to the CONSULTANT for review /comment / response !incorporation. into the dealt BODR document ,It is anticipated that. the. CONSULTANT shal l. attend.. a total of .,up to wo (2) meetings. w ith' the various CITY Department representatives to review the various CITY Department comments. The applicable CITY staff will attend the noted review meetin s ) and assist the CONSULTANT as: practicable..However the CONSUL' TANT retains final responsibility for procuring all necessary approvals, and for imple.m'enting required revisions and resubmissions, as necessary: The CONSULTANT and its key sub -consultants shall attend all meetings as deemed , necessary. It is recognized by the CITY. that- .the time period for obtaining :approvals from the various- review agencies is: beyond the control of the .CONSULTANT, except for issues concerning the aceeptabiiity of the proposed ' design concepts and the CONSUtTANTs :ability to respond to, review agency comments. Hence,, the CONSULTANT shag address and respond to. comments received from the various reviews in writing, and implement requested revisions into the draft BODR, as agreed. with the CITY, within five (5) working days of receipt - of comments„ unless, agreed ot with the CITY. Upon incorporating the comments received : -from the various CITY Departments; the CONSULTANT shall revise its draft BODR and then present the final B'ODR with Phase I - Schematic Design level of detail in the drawings, (with requisite :narratives, graphics- and PowerPoint presentation materials) to the Design Review CITY. Property Management. Facfliiv 8 Schedule i1 02/10/20 1 1 Delliverables - Attend BODR review meetings Address comments and revise BODR accordingly - Present: BODR to DRB Schedule: - See Schedule E — Proje`ct Schedule Task 1:1 - Firyal Master Plan t Basis of Desian:: Report (BODR). and: Present to the City Coin miss ion 7: The CONSULTANT shall prepare 7 a - :5 nal: $ODR based on comrnerts and revi io sns in.plemente d du ::r in g the reviews with the various the -.QTY Departments /review' entities as: noted din T sk 1`.9,. - - == This ' finial BO0k serves .as 'thee- basis 'for development: of Phase- I _ Schematic Design detailed design documents as. discussed in Task 1 6 .1t shall also be used as the basis f LTA the C ONSUNT's presentation of the: final- B,QDR to- the.- -City .Commission for - approval. If `fhe City Cornmissior directs revision to the final BOOR, the CONSULTANT shall- prepare' an. Addendum, in the CITY provided formaf, for distribution to all final _ ;B.ODR holders: Deliverables: Prepare .35-copies of a final BODR and' Addendum,- as necessary, Present .the _final ,B.ODR to .the City_ Commission for. approval::. - Schedule " __ _S'ee Schedule *E -- Pro ect Schedule Tank 1.8 through 1.1 -0: Additional DRB', Commission an'd /or Review Meetings: The CONSULTANT, shall provide for three. (3) presentations to the ORB Commission, and other City Departments meetings as necessary to gain the - required- City approvals in order'to proceed with the, Development phase of'the. project: In addition; to all required efforts noted above, - the CONSULTANT shall note. that the .CITY may.. at. its discretion, substitute one -of the:,meetings described in Task 1 -1 7 for a, meeting with a CITY,. Committee— or .Agency; as deemed necessary. . r TASK. 2.­ DESIGN SERVICES; The purpose of this Task is to esfablish requirements for the preparation of contract documents for the Project. Task -2.:1 requires. that CONSULTANT perform a variety of forensic tasks to verify existing, conditions and the accuracy of any available as -built drawings surveys. and reaps to be used for development of the.contract drawings. property Nkinl2ement Facility 9 Schedule : . 011.110/210 1 ' Task-2.2 discusses :requirements for the :preparation of contract documents, `inclusive of drawings specifications and front -end documents „ Task 2.,3 _establishe requirements with regard to - constructabilit}i and value engineering reviews: Task X2.4 establishes requiremeritsfor :the preparation of Statements of Probable: Construction Cost bythe CONSULTANT: Task 2 5, estabiishes= requirements - for the Community Design Review Mbetind ;(CDRM). Task 2.6' discusses contract" document revisions based, upon the input received from the residents at the Comrnunity Review"Meeting (CDRM ) Task 2.7 specifies requirements for review of contract documents -.with jurisdictional permitting agencies prior to finalization task: 8 discusses the CQ NS ULTANT's QA/QC of Desigh Documents: To facilitate the implementation of :a Public Information Program, th&CONSULTANT sfiall provide ''electronic files .of ala Pro jec t : d ocuments, as .requested; by .the CITY .for posting on" the program "" websife., The CONSULTANT shall provide the electronic fifes for the front -end ,documents, technic specifECafions; and; construction drawings iri MS M d,.AutoCAD and "Adobe Acrobat file format,: The review process" s hall co of -50 %, 90% and 100% complete: s C documents shall :be - _ - subject to "constructabillty. ,and value engineering reviews to be performed by others: CONSULTANT shall work: with the CITY to: adjust /revise` Project scope. as may `be deemed necessary. to meet: established budgets as: -the design .evolves -from earlier =to latter - stages of: completion: CONSULTANT: shall utilize and �,be bound by the City of Miami Beach Design Standards Manual = August, 2002 (D. SM) detailing procedures standards° and, policies, the City< of Miami ,Beach Public vtlorks Manual April" 2007, as well as subsequent updates, to supplement details required toy complete the Project. One co of" the DSM will be rovided to: the CONSULTANT. - Task 'i 1. = -Verification of Existi`ng Con`ditions. CONSULTANT "shall obtain all available As -Built drawings; perform, structural evaluation of the structures, perform .a detailed topographic survey of" "the, existing Project `site. The. survey shall be performed% by a Professional Land Surveyor in the state of "Florida, and shall meet the minimum technical standards identified in Chapter .61:G17, 6. FAC. All survey :files shall be :prepared in AutOCAD. At a minimum,; the survey shall. address the"foilowing: ■ Baseline of survey shall„ be tied into the rig -ht -of -way and sectionalized land monuments. Right -of- wayJnformat'ion"shall be obtained from available records by the; CONSULTANT. ■ The CONSULTANT shall set benchmarks. at convenient locations along the site to: be used during both the design and :construction phases of the Project: 'Property N'tan't ement Facility* 1 U Schedule . 0- 2.1`1flt`20 III y ' g rovements The ONSULTANT shalt locate / topographic features C 1` and. identify existin surface imp that are visible within the Project'site, Aric I uding but not l'imited-to; .the following' IVlarking of all property corners, ,location and detail of the existing buildings in.cl'uding overall dimensions and f in.ished floor elevations. . Existing. valve boxes water f electrical' meter boxes,, electrical pull boxes, telephone J �cablecisers .�fences,hydrants; etc. a Aboveground and underground utilities invert elevations of accessible underground ' Utilities-. - c wood l ,concrete utility poles, ulverts guardrails, pavement limit "s,; he endwalls, manholes, vaults; mailboxes, driveways side streets; trues, la dscapmg, traffic T ._signage and any other -noted improve' ents. , Survey shall: identify fence =mater al,/ height, - .:and driveway construction materials. Landscaping materials with a trunk:.diameter seater Y - - - - - -._ _ . _ ...__ - - - - - -- than 6 inches in - diameter- shall:- - be -- identified ind'ividual Materials with =smaller -- - - - - diam`etersshall_ bejIlUstrated in groupings. - r S'urve li.mits:�shail- include._the .'entire `Pr -o ect site _and: == a_ dditional -= overly -t - encom ass - =:alt. - -= - - - - - -- Y 1 p o p _ adjointng.areas potentially impacted by=the= Protect$ - - - -- Survey Topographic survey / base "map shall: be prepared in AutoCAD Version 2000 or latest, and submitted on recordable Compact Disk with three (3) signed and .sealed copy on 24 -inch by' 36 - - -- - - - " -- mch "bond paper�Note that standards fro — m the QSM shat -apply to the development the survey ;document. In addition the CONSULTANT shall submit, 3 copies of a Draft Survey for CITY review and` comment: The CONSULTANT' s, hall prepare .a. final ;survey subrrttal . packag ba se d o n addressing any / all comments submitted through this review process, to the satisfaction of the CITY; All. CAD mapping shall" be performed to a scale of 1 "1 in the World Coordinate System. Text size- shall "be 100 Leroy for final'. product at: 1 =20 -units.. Upon completion and .acceptance of - the. final survey, the , CONSULTANT shall forward same. to the . following agencies with a request to mark/ identify respective :utilities on the survey base. map. The CONSULTANT shall coordinate this effort with each agency in.. an effort > to identify the location of all existing underground utilities The CONSULTANT shall incorporate utility owner markups / .edits into its.survey base map file. The 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 Company BellSouth s Miami -Dade Water and Sewer Authority Charter Communications (Atlantic Broadband) ry • Natural Gas provider l - Propere i1'`ernenr Facilit 1 ScheduCe 0 Q 1 • City of Miami .Beach Public Works .,Department a Others deerried necessary by the CONSULTANT 'The CONSULTANT shall also request information regarding any - future pro posed improvements by each a9ency. To. tracking of the progress made in this work euo.rt, the CONSULTANT shall copy the. CITY on ail correspondence with ,each agency. In :addition., the CONSULTANT shall, keep,-.a- readily - accessible and- _ properly. labeled /- collated file of correspondence and markups provided to it by the various' agencies for" reference use by the CITY'andfor CONSULTANT, during construction,.. The CO,N8ULTANT -- -sha1; become - familiar -with the Pro ect -s to through frequent site visits, - 'research and. -- -- - examination of any record drawings, as applicable and: shall notify. the CITY of any field, onsite; o.r .off site` eo.nd tions` not, -incorrectly shown -on record- drawings as may;have been reasonabi discovered. At -- -" y. the GONS;ULTANT's request; the GITY shall facilitate the CONSULTANT`s access to the Project -site a or facilities for investigative Purposes. These site visits are part' of the: CONSULTANT s Basic Services, :area considered due diligence and the .CONSULTANT shall teceivb h-d additional :c, M- sation for such design phase site isits - a - nd meetings,. Provided that the CONSULTANT has 'conducted 'a. good faith investigation, - = - =the- CONS;U.LTANT - - -and -- CONSULTANT'' -- sub = consultants ,- ,shall -not be -responsible - -or- -held - fiable -for- ------ - -- undiscovered hazardous conditions or- materials. - - - - - -- - Based on. the collected data, the CONSULTANT shall develop detailed design base maps for the. Project: The map sh include an. Overall key map and partial:' plans- .scal.eql at 1.'inch equ al.s - 2 0= feet -O a 'scale;.thatbetter - -. - -- - -- - - - -- suits the - Project- requirements: - -- CONSULTANT shall -- illustrate: - proposed -- improvements - -on -- the -site- plan = and- ,._ - _- shall prepare, final site plan based on the 'information gathered herein. Copies of base .maps shall I e distributed: to CITY'. _ Deliverables:' Perform work as noted to develop final survey. Deliver three .( ) draft and five.(5) finial signed and sealed surveys to CITY. Schedule: See Schedule E - Project Schedule - Task 21 Detailed Design: CONSULTANT shall prepare detailed design documents consisting of architectural, structural, civil, mechanical, electrical landscape' and irrigation drawings, :as applicable: A11 co ntract d ocuments , a re to. b e 'proVided i accordance with applicable DSM standards and with the reggirements, of all applicable- state local' a nd federal: regulatory a encies hovin urisdictibn oVer "the. Pro g r -Y 9 9'J. 1 Technical specifications shall be prepared in conformance with Construction :,Specifications Institute (CSJ) formats; The CITY, through the DSM-,, shall furnish the CONSULTANT with standard CITY specification outlines for'Divisi.ons, 1. For reference purposes City will provide copies of its standard Job Order Contract PropejnIana� =ement EaciIiry l Schedule ,\. 0?i l Of201, F t t P. ()OC) specifications via'-.the . DSM: CONSULTANT shalt rovide additional sections. that the: CONSULTANT m:ay- require; not' already provided through the. CITY standards / DSM subject to review and comment by the :CITY. CONSULTANT must review CITY stand,ard,s and adopt and ;change %update where necessary. Any upplier listings required' by specifications shall include a,mini'mum of two (2j named suppliers.and shall meet ' all, .applicable CITY and State of Florida procurement codes. Specifications shall be provided- to the - CONSULTANT - in " Microsoft 'MS- V1lord'' format. CONSULTANT shall use We same software in: °a l Project related ;work. `C.ONSULTANT shall utilize base front end documents provided by the °:GJTY, CONSULTANT shall edit; accordingly to result in a Project specific - document..An;.y requirements for Supplementary General Conditions shall_ be subject to review and, acceptance by the CITY. _ y , y g gress Meetm s as. e cued to meet;�the pro ect _.. - CONSULTANT :shall attend b -weekl or month) Desi n.Pco g q schedule (see.,Exhibit E;) with ,CITY at the ��City & CIP offices as scheduled by: CITY staff: The: CONSULTANT = hall provide,ran_ maintain a .design progress: schedule. Should the City determine that the CONSULTANT - has fallen behind schedule, the CONSULTANT shall provide a reeo�ery schedule that shall :accelerate work to The::CONSULTANT shall submit' monthly invoice. requests accompanied 'by an. updated: ;design progress schedule, . For`purposes of this Scope of 'Services; the following will'be .conside' red the minimum effort to be provided by - the�CON:S.ULTANT for establishing d. etail' design milestone submittals: - ; - -- - - -�- -- - - — --� -- `The�50 % design- completion - stag- ilestone - stall consist - of , the completed. - survey work; - - - products of the previously 'Outlined, Tasks, with all proposed: improvements in.. . .approved BODR, illustrated in plan - and. elevation. views, and with .applicable sections and details. ]n addition,: the CONSULTANT shall include draft technical specifications; and. a draft. schedule of unit prices bid (bid form). identifying the items,. units and quantities to be bid by prospective contractors as "part of their bid submittal. Also this submittal shall include: the CON'SULTANT's Statement. of Probable Construcfion Cost as defined by the American - Association of Cost Engineers:to be consistent4ith the overall not =to= exceed Project et- Prior to the preparation of the 50 design completion stage drawings',. the CONSULTANT shall incorporate changes to its design based upon its existing as= built / existing conditions verific efforts.and review comments received, as, noted i Task 2 below. The'90 %o "design completion stage milestone shall co of a near final construction document set ;including, the .front -e documents (general and supplemental conditions) technical specifications, and construction 'drawings for all Work. The CONSULTANT shall include Property• iManageine t,Facilit<< S,chedLde -A, 01-140/-'1011 - detailed construction S eq ue nc i ng restrictions for the -CiTY's review with this - submltta[: Prior to the preparation of the . 90% design completion stage drawings, the CONSULTANT shall incorporate changes to its. design based' upon review co mm e nts received', a s: noted,. in Task 2.3 below. I n` ;addition, the: CONSULTANT shalt provide its. Definitive" Statement of Probable Construction Cost as defined b y the American. Association of Cost Engineers with this submittal 1o. be consistent with _the overall - n,ot-to_ exceed Project Construction Cost 'B.udget. Prior to 90% des,i.gn, :CONSULTANT shall meet with appropriate regulatory agencies to confirm that the Project d esign meets regulator 'requirements. ■ The 1 00% design completion stage `milestone shatl consist. of the 90% documents updated to include all :oast betability and 'design review comments,, - and regulatory agency comments. The CONSULTANT shall provide its -" Definitive - .Statement of Probable Construction Cost; and :unit price bid form, modified as. needed, .to reflect final permit 'and regulatory : agency , .comments and: modifications: . Dehvei�ables - - Furnish six (6) sets' each of the 50, .90, and 100 percent design completion Statements -of - Probable Construction- Cost to CITY;: as :a pplicable three full size'and thre h alf size for submittal - - Attend: design progress meetings with CITY staff at the CIP offices as: scheduled by -the CITY. - - - - - _ Sch.edale:' - - See. Schedule E.— Project Schedule - Complete 90' percent document: submittal within '.30, calendar. days , after. receiving review comments from various City` :Departments on. 50 %0 submittal, Permit submittal to. applicable regulatory agencies will commence upon completion of 90 percent documents -. Complete 100 - percent - document. submittal within 5: working days after receipt of all comments from regulatory agencies. Task 2.3 Design !Constr.uctability / Value Engineering Review To verify that the CONSULTANT : is in ;compliance 'with the required BODR and City 's requirements, the CITY will conduct a series of design submittal reviews on all Project design documents, inclusive of cost estimates at the 50% and 90% completion stage submittals. Note that the 90 % completion stage_ subrriitta[ will Abe utilized to initiate the City of Miami Beach Building Department permitting reviews, and the 100 %° design completion stage submittal will: incorporate the review comments and -will be used to procure permits from jurisdictionaL review agencies, and /or may,' be utilized to obtain pricing; Property Management Facility 1:4 Schedule.. I , The purpose of these reviews shall be to verify that the documents are consistent- with the design intent, as set PP 1 forth in the. a roved Pro'ect , Basis of Design Report (BOOR). These documents shall be, furnished.as bound 8 =1/2` -inch by 11'. inch technical specifications -and full -size (24 -inch by 364 nch) and half size (11 =inch by 1 inch) drawings. (ea noted in:. the Task. 2..3 deliverables). The: applicable CITY Department shall: perform reviews on - these, documents- and- provide written* comments (in. "Excel" spreadsheet. format) 'back to the CONSULTANT Following, receipt of' comments by the CONSULTANT, meeting may be scheduled between the, CITY- and: CONSULTANT to discuss' the': intent and review of the comments:. Subsequently, the CONSULTANT shall. address how each comment :was resolved within 51 working days after the review a §sio:n and /or receipt of fhe _ _. _ comments. The responses shall be- n the spreadsheet, format provided to the CONSULTANT: CON�SULTANf.shalf revise its documents to address.all review comments. The 'City will , . y perform. CO §truct _review§ of the: design. documents - relative to' v construction sequencing,. and bid .format; These reviews shall be based upon 50' and 90 percent design sub r eceived om t e CONSULTANT and .shall be conducted: concurrently but separately, from the 5G and 90 , - -- percent '_design_.r_eviews.-- noted- above. These. - constructabilitjr _review- meeting "s shall be- held to- discuss = the - - - -- CQNSULTANT's proposed construction,se.queri ing :restrictions and bid formats. - " - °- -. - _The 'CITY'$- review of the - contract documents shall not - relieue' CONSULTANT from. its responsibility to the e. ?- CITYwith - regard to the quality and completeness of its contract` documents. Deliverables:: - Attend meetings with. the. CITY to review and discuss. design constructabdity and value comments. Prepare written. responses to comments made during reviews. within 5` working days after the review session Schedule:. Complete"coricurrently with Design Phase schedule: - 1 1 Task_2.4 Cost Opinions: The' CONSULTANT shall prepare Statements of Probable Construction Cost for the 50 % and 90 %; design completion stage: submittals, as well as the final (1.00 percent): completion stage submittal. The accuracy of -the cost estimate associated with the 50 percent completion stage shall be +30 to -15% 0.e: '30 % over %' 15 % under the ,actual amount) "Budget" Level as defined b.y the American Association , of Cost Engineers. The accuracy of the cost estimate associ.ate,d with the 90 and 100 percent completion stage submittals shall be ,a ±15 %0. to -5 % (i.e. 15% over / 5 %- under the, actual' amount) "Definitive" Level Estimates. as defined by the American Association of Cost Engineers. All estimates shall be submitted Property Management Facil'in 15 Schedule A 02 ,' 101 2011 in Microsoft- "Excel" format. All. estimates shall be furnished bound in $ -1`/2 =inch by' 1'1.- inch. size. Based upon the: CONSULTANT'S cost estimate or bids,. the CITY will advise the CONSULTANT if portions of the Project nee& to be deleted, Phased and7or bid as alternate bid items to satisfy Construction Cost Budget (based upon CONSULTANT's analysi's'and recommendations),. ln.this effort, the CONSULTANT maybe required to attend a series of meetings and develop alternative :. cost savings options for CiTY consideration, if the estimates - show that -the - projected .Project. Construction "Cost: will exceed . the, Construction Cost Budget: The; R CONSULTANT shall revise th contract docurnents to reflect: necessary revisions to .meet * budget parameters at no - additional: cost accordin gly. i Deliverables.; -- .Furnish three (3).seis of 50 9 and 10Q- percent completion- stage. Statements of ;Probable Construction Cost to CITY; in MS Excel electronic disc ;format concurrently with the- design submittals noted in Task 23 - _ -___ .._:___ - Attend meetings with the CITY to ;review and discuss: :cost estimates;. is Task. includes development of an ;y. ^required cost: savings : alternatives and implementation. /,revision of docw ts�to address -suc11 as necessary -- - - - -- °to meet,established. budget parameters. Schedule,. Complete concurrently with Design Phase schedule: Task 2.5— Desi gn:.,ReView Meetiri The CONSULTANT 'shall attend and participate in one (1) Community Design Review IUIe`etmg .(:CD'RM) to review the design progress d - concept. The CITY shall schedule, find location - for, and notify residents -of' - - - CONSULTANT shall: prepa said The re draft - meeting; minutesTand forward them to the CITY,. who 9 ishall review, provide comments and distribute accordingly: The CONSULTANT shall prepare for, attend and present its 'docUments atthis meeting. Meeting shall be - scheduled b the 90 % design completion stage. Note that presentation format; shall consist of` -a. brief 'Power Point presentation.to, review Projeet'status plus review of' actual full size plans for the project: The CONSULTANT shall provide sufficient staff :at the. meeting to address' concerns by residents at two - (2) Plan stations. it is anticipated that the CONSULTANT 'Will, attend one Pre -CDRM meeting with. CITY staff to revi'ew'the proposed format of the` presentation. Task. 2.6 Document Revisions: The CONSULTANT shall, incorporate. the 'necessary ry contract document revisions , as approved by the CITY and based upon the input. provided by the residents of the CDRM. Task °.2 7 Permitting Reviews: CONSULTANT shall prepare applications and such documents and design data as may. be required to procure approvals from all such governments! auth;oci #iesfihat have jurisdiction over the -Project. The CITY .will pay all permit fees: CONSULTANT 'shall participate: in meetings submissions, tesUbmissions and negotiations with such authorities. CONSULTANT shall to comments by such Propemi i✓idnavemenr 16 schedule -A r authorities within five (5) 'Working days of receipt of comments unless a. different time is agreed to by CITY: It' is: the intent of this scope of services that the CONSULTANT be the, responsible. party for formally transmitting and. receiving permits to. and: from .the respective,: jurisdictional. authorities. However, since the .CITY is to track and monitor progress, on the preparation and. - review of permits and .subsequent requests `for information;; _ CONSULTANT shall also copy the CITY on all permit related correspondence This inciudes CONSULTANT - generated minutes from meetings held with `related parties.. It is recognized by: 'CITY -that the time period required for obtaining: permits is beyond; the control of the 'CONS UL -ANT, except with regard, to issues. eoricernin ermittabilit . of :the' osed desi n and the: CONSULTANT's ability to respond ,to perinitti g p Y p P g. y . g agency {requests .fore information in a airnely manner. At the time of scope preparation', governmental - authoritiesahat have or may have jurisdiction:o.ver Project have been identified as follows: ;Florida D'' 'of Ehvironrnental- Protection _ -_ _ ___ _---- - South Florida VVater Management Distract - Miami: Dade Water and Sewer Authority ■ - Miami =D'ade Department of: Public Works - - -- - -- - Miami =Dade Department of;Heath and Rehabilitative Services? Miami Dade Department of Environmenfal- Resource Management- -__ __. _ __ ..___. ----- - The `C,ty of Miami Beach Building Department.~ - The .Cit y of Miami Beach Fire Department The - City of Miami Beach Planning :Department The Cify:of Miami Beach Public -Works Department_ Florida.Department of- Tr-ansporfation- - - - - -- - -- -=-- - - - -�, __�_- - - - - -- - -- — - - = -- - -- - -- -__ .. - -- -- = -- Notwithstanding the above, the CITY's failure to :identify governmental authorities that have jurisdiction over Project shall not relieve. CONSULTANT from: its-sole responsibility to.pro`cure all requisite permits. Deliverabi`es;: Correspond with noted jurisdictional authorities to establish permitting requirements. Revise documents and respond to permitting inquiries as required. 4 Attend meetings with) the CITY, and/or permitting ; agency , staff as required to, review, discuss and f.inalite permit procuremT ent.. Schedul''e* - ;Complete concurrently with design - Phase. schedule. pr �pert� .vlana`eaient: Facilir<- I Shcedult. a _ `'� o l l Task 2.8 The `CONSULTANT's Q41QC of Design Documents: CONSULTANT shall establish and maintain an in -house Quality Assurance, / Quality Control QA/QC ro ram desi red to verify, and ensure the quality, clarity, completeness, constructability and biddability of its contract documents. The CITY, at its discretion, may require that CONSULTANT attend public meetings or meetings with City Staff review'the status and present results of •its QA/QC efforts Items to be addressed may' include -. but shall not be limited to review of specifications- by" respective technical experts and a "Reds check "type review of the documents to identify cornflicts and inconsistencies between. the various project disciplines: Usk I - BIDDING AND AWARD SERVICES, The City will be advertising :fora C onstruction Manager at - Risk (CM) for Pre = construction, services / Construction Manager at Risk agreement as well as awarding a Guaranteed" Maximum Price (�GMP) construction contract to the successful Contractor for this Project: The ; CONSULTANT -s hall _assist,_. advise and evaluate: bids and - ithe -..GMP Ahiendment(s)`._.as. _required in the._- Construction Man ager' at 'Risk Agreement (Schedule Gj; . attac hereto and .,incorporated herein. by .City shall_ transmit contract documents-. prepared by the ,CONSULTANT to the City -'s Risk Management .,;and,_ • Procurement D'epartme.nts .for :verificatibh� of appropriate; insurance,. form and bonding capacity requirements: - - - -- Various - -department's -- "within City (Risk nllanagernent Procurement' and the City Attorney's. Office)`-have non- technical review 'responsibility for the Construction Contract Documents: If an: alternative- construction 'delivery - method is - selected it is- understood- that -the- C4NS'ULTANTs _hours assigned to- the- -CM -at -Risk- project-Risk "delivery imetho would- b:e -re- distributed -on -a not to ekceed.b "asis:. Consultant shall attend:. the Technical. Review Panel meeting convened, by the CITY to .interview the CM at Risk . ,.Contractor an&or sub- contractors and evaluate their submittals.. CONSULTANT's role will be to .provide any relevant technical information and, address technical questions as may be needed by CITY staff during the - bid evaluation- process: Task 3.1 - Construction Contract Document Review: CONSULTANT shall assist CITY during the bid and award .phase of the Project's construction contract. The CITY shall transmit contract documents prepared by CONSULTANT to the CITY's Risk. Management," Legal and ProcUrement� Departments for - verification-'of appropriate insurance, form and bonding requirements. CONSULTANT shall assist CITY'in this effort• by providing (1), one electronic copy of 'the complete contract' .documents set (drawings and specifications)_ and participating in meetings, submissions; resubmissions and discussions with these City 1?'iaperty I anaae.ment. Facil'itv 1 S , Schedule A 02 1 1 departments, as necessary. CONSULTANT shall address and :re- submit corrections . and responses to comments - to. any CITY Agency or any City. Departrhent`within 5 (five) working, days. of receipt:of comments. ti Task 3.2` - Bid Document_ Delivery: CONSULTANT shalt provide the CITY and CM with :reproducible, camera :ready; sets of contract documents: :for each bid `package The: CITY Procurement Department sha :reproduce' documents and ; handle fhe. advertising; di tribution, sale, maintenance of -plan holder lists and :o. e:r aspects of bid document - delivery to prospective ,bidders ; Task - 3.3 - Pre =Bid' Conference a - nd Bid Opening: Th e: and.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 .re ieW. and advise the City accordingly:, _ _ LL :- _ CONSULTANT_ will _re are m:eetin a enda <_and :draft> meetin minutes CONSULTANT' hall` attend and - - - - - - - -- ------ - - - - -- - -- - - -- P P - —9 - -:9 - - -- - - -. -- 9. - - T- -_- _...----- - - - - -- partic�pate_m_a many pre:- bid._conferences and bid openings._as may be required.._ Task. 3 4 - Addend'a Issuance: - C(3N;S:ULTANTahall - provide the City time{y responses to: all`ir quiries received froi .the- CityJrom- prospective - - - - -- - ' -- bidders by preparing:W ritten addenda. Format for. addenda shall be as: provided to CONSULTANT by City. r These queries: and. responses shall` b e documented and a record of each shall be transmitted `to.'the City ,on a same day basis. CONSULTANT shall prepare and distribute necessary addenda as approved by the. City. The .CITY will; ':consolidate responses and prepare and distribute the addenda to, all plan holders of record accordingly; Task4.5 -- Subcontract Bid Evaluation and Bid Openirtw . CONSULTANT sha11 coordinate with. the C,M the process for evaluation, review and. 'acceptance of. the sub'contracf bidding: The' Consultant shall be present with the City and' CM when bids' are opened and S :all ev aluate .and- make reco mm en dations to. the City regarding the. ' accept ance! and a of bids t0 qualified responsive and responsible subcontractors. CONSULTANT shall evaluate the 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. Prapern %iana��enicnt. Fadl`ity 19 SchedLde This scope of services includes no. additional allowance for CONSULTANT's time to :assist the CITY in: the event of a bid protest`. To the extent CONSULTANT`s services are required, in the event of a, bid protest; CON`SU,L.TANT shall`. participate in such activities, as a basic ser ; at no additional, cost to the CITY. Task 3.6 - Guaranteed: Maximum Pri'c'e (GMP`) Construction Contract�Award CONSULTANT hal[ provide sets of construction contract documents, inclusive of addenda;, for execution by ;the .CITY and the CIVI within five (5) working days of request by the CITY' pursuant-* to Article Six (6) of this agreement:. ' , Task :3 l - As- Bi'd Contract.Documents. After the GMP contract award and prior to the - pre = construction ; conference, the CONSULTANT shall prepare "As = Bid" constructio .contract documents w hich', at a minimum, __. shall incorporate:.th,e following items into.ahe construction:contract documents;: Contractor's (CM) bid submittals including..but not limited'to, bid::proposal,.lnsurance licenses, .:.etc: — -- - ---- - - - -__ __ ---- - - -.._ - ■= "Amend / modify.front =end documents,and - I or technical` specifications to incorporate change's ___ -. -_. made- via-contract addenda: ■ R'evise construction contract drawings include_ modifications / revisions - incorporated via, ry _ _ -. - - _ _ _ _ . contract .addenda. - .The CONSULTANT- shall prepare..As -Bid construction contract documents and reproduce sets a& requested-, for distribution to the CITY within five (5) working days after City Commission, app oval. The following apply to Task 3 :1 throughw 17;: Deliverables: - Attend a nd pa rt icipa te` in pre -bid' confe.ren;ces and bid openings.. Respond to q uestion`s from p rbsoei ctive bidders a nd prepare - addenda for distribution by others, - Prepare recommendation. of award letter - Provide sets, of contract documents for contract exeeutio -. Prepare As -Bid contract documents, reproduce sets and forward to the CITY. Schedule: - See Schedule E­ Project Schedule TASK 4_- CONSTRUCTION ADMINISTRATION SERVICES The CONSULTANT shall perform the. following tasks rebated to the construction administration of the Project. .'These tasks shall be performed during the duration. of all construction; Propert iVtanagemenr Facilivy ,0 Schedule A 0;1 :. 40/220 11 CONSULTANT's' compensation includes construction administration for`the duration (through completion and issuance of,final certification) of the Project. CONSULTANT's. construction. administration services tasks shall 'b'e required during the duration of all'. construction. (through Project completion and finial certification) at the' negotiated total,, amount and rates. No over =time rates will be considered`. The: use "of E= Builder software will. be irriPlemented during`'the construction phase of this Project and will be - used 'by CITY staff; the Confractor; and the CONSULTANT for Project document management and tracking purposes. - CONSULTANT will be required -to, electronically archive,' into E- Builder scanned copies of; CONSULTANT transmittals; approved /rejected . submittals and shop- drawings; responses to :requests for" - information, contract .document clarifications,; requests for proposals, field orders ;. field measurement forms - and pay ;application review comments'I notices of contractor nori- compliTance contractor. permits,, notices to _proceed, :inspection _reports and _ ph:otographs; daily work aog and Daily Qoh truction _ Observation Forms; _ pre /post construction digital photographs; materials sampling and test results .and reports; certificates of substantial and` fi nal completion, and any and .all correspondence; reports, Tog and docume associat - with Project _management, construction administration and Resident - Project Representative activities - associated with - the. construction `and finial certification of -the- Project. The E-Builder software .license expense. will. be a reimbursable item and the required training for this software will-be facilitated by the CITY: i Task 4:1' Pre- Construction Meeting: The CONSULTANT shall attend one (,l) pre- construction :meeting with CITY and Contractor (-CM).. Thee CONSULTANT will prepare and distribute agenda and subsequent meeting minutes to.- all,,attendees and` =other appropriate. parties: Deliverables:. - Atten&and participate -in pre- construction meeting. Prepare agenda and meeting minutes..t Schedule: As.. scheduled. - CITY after issuance of Task 4 Notice to roceed. Task 4.1 B. Pre-Construction Kick -off Meeting with Residents CONSULTANT shall prepare, :attend and conduct -one (1:) pre- construction meeting with the residents.. The purpose of this meeting,'shall' be7 to..introduce. the Contractor (CM) to the residents. as. w e 11 as have the CONSULTANT present a Power Poi' t overview of anticipated con : struction. sequencing, conditions to be expected., and other issues that may be of concern to residents; as either addressed .at the meeting,, or.the pre-'meeting with CITY representatives (that is to b`e.held to review the. Content of'the presentation with .the CONSULTANT prior to the meeting).. Task 4.2 -'Weekl'y Construction 'Meetings: The CONSULTANT shall attend weekly construction meetings with ' the Contractor (CM)L and applicable CITY staff for the duration of the Project. 'The purpose of these - meetings shall be. to review the status of construction progress, shop: drawing submittals, and contract Proper[<<itiTana ei ient Facilir< Schedule A; . 021101 is document clarifications and These meetings shall.,. also - sere ;as - ,a forum for discussion of: construction issues, potential changes /conflicts and any other applicable matters:,, The .meetings may include . sate visits to visually - observe,/ - address construction related' concerns that slay result. from discussion during the construction meeting The se site visits shall be separate and distinct from the "Specialty -Site Visits" under Task 46: `The; CONSULTANT - will prepare meeting` minutes and-distribute to all attendees and! other appro riate P P parties p P _.. Based on fie observations; and :other construction related activities, the CONSULTANT - shall. identify and- document any issues. field conditions,, Contractor (CiVI) performance related items,, and; other risks %concerns that may impact the cost ,an d timely de{ivery_ of the; Project, and. the expectations of the `CITY, as_ well as the _ _ . _ - -- - . _ _ _ Contractor':5 (CM's) plans and recovery schedule to;mitigate those. risks,; and meet- contractual_obfigations. . -, Deinrerables: Attend and participate in weekly construction .progress meeting °;Prepare meeting minutes to . document construction activities as. stated - above.. issue noncompliance notices to the Contractor, and: {o g .into, the E . _ Builder -sbftware:program; as: Warranted: __ — _� Archive all relevant docurhents, transmittals and correspondence into E- Bdilder,,.as previously noted': - ,Schedule .. -- -. Weekly- throughoutjhe Project. duration.: Task 4:3 — Requests for .Information Y Contract :Document. Clarification (RFls l CDCs): The CONSULTANT will' receive, log and process all R.Fi,s . / - CDCs and requests for proposal (R. FPS)`. Whenever an RFI involves the interpretation of design. issues or design intent; the CONSULTANT shall prepare a, Written response within; three (3) calendar days and .return,l to the C. in addition, should certain items within the contract. documents. require :clarification,. the .CONSULTANT may be requested by theCITY to prepare and: forward: CDC s The CITY will :hold ..fhe CONSULTANT directly responsible. for any 'im "pacts resulting, from. untimely responses... D�fiverables: .Respond to those R'Fi's that involve design, interpretations and return to CITY. issue CDC's as required. Respond../ process RFPS as requi "red. Provide RFI. CDC, RFP and other construction management Fogs. Archive all relevant.docURle_nt8, transmittal's. and cofrespondence :into 'E= Builder., as previously noted; Property kkana` Facility �S`chedule A 0? 9.0; 3Q'l l f Schedule: - On- going throughout Project construction duration Task° 4.4 - Requests for Changes to: Construction Cost and/or Schedule: The CONSULTANT will receive, log and evaluate all requests; for cost - 'and /or schedule .changes from -the 'CM and report such to the City at the .weekly progress meetings at, a minimum. The CONSULTANT shall - distr,ibute, and update -the Change Order log at each .;progress meeting: _- Changes_may_be the,- result of unforeseen conditions . or .interf identified by the Contractor during the routine progress of work,, 'inadvertent omissions (betterrrment} issues in the contract documents, or additional- improvements requested .. by the City, or CONSULTANT after approval of the GMP Amendment( §:) by the _City Commission. Regardless.... of the. source, CON.S;ULTANT -will r evaluate the merit of the claim well as' -the - im'pact•of the potentsal- change - r._ - in terms of Project cost and - the - schedule: "CONSULTANT will review claims and % "or change . order requests - _ . - -..� :with , 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 't with.the.CITY and= - -. _ _ Contractor (CM) to resolve andlor,negotiate. the equitable resolution of req best: - -___ -- - - - - -- ^ - -- - ------------ - - - - -= — -- ` - - -- = Provide written op - nio n -an:d J or recornmendatron - upon req: nest: - -- - - --- - - - - -- - . -_ - -- -_ Prepare change order documentation in AI'A;format:w.ith supporting .... documentatio "n . Archive all relevant documents,. transmittals ; and. correspondence i nto E- Builder; as :previously noted`: . : Schedule: - Ongoing throughout _Projecfiduration Task 4.5'= Processing of Shop. Drawings: The CITY will receive, log and distribute shop drawings. to the CONS °ULTANT for ifs review: The CONSULTANT shall have five (5) calendar days from the time of receipt in its office, to review and return shop drawings. 'to the CITY The CITY .will hold the- CONSULTANT directly responsible for any impacts resulting from untimely review of submittals. Deliverables: - Review And approve; or reject Shop Drawings and return them to the CITY; - Archive all relevant documents; tr,ansm,ittaIS6 and correspondence 'into. E- Builder,. as previously noted. Schedule: - Ongoing throughout Rroject duration: Property iNlanagement Facil y 3 Schedule A 0 :? 10;�?0.11 Y Task' 4:6 — Mand`atory: Specialty'Site.Visits The CONSULTANT shall be required to perform the following mandatory' site visits that shall; occur during the following stages of construction, (as appicable to the scope_ of work of this project) and shall be conducted by the appropriate professional consultants: , A.Site preparation /underground utilitesLd`emolition 1.: Clearing; demolition & debris removal: 2. Sito utilities, excavation & installation 3. - S is e Drainage Foundations and round floor - slab B" S` ecial'Ins ector . 9 Y P p`- } '1:: Foundafion excavation; 2' Reinfofcement placement _ __ -. _ _ -- 3 . F oundationse:pounng _ 4:. Ground floor l,ab -< :reinforcement .,5, _ - _. -.. Underground. utilities - before backfilling occurs C- Structuraf framework: General Observations (By. Special Inspector) 1. Reinforcement concrete reinforcement sizing & 'pacing: before pouring, - - - based pro' yed reinforcing steel:shop_d raw' ings� 2: Steel.- connections;. welds, bolts & fireproofing D Exterior closure: T. Exterior wails - attachment to foundation, expansion ioints;, stucco and paint:;(By Special ,Inspector); ..: - 2. Windows /glass 'installation method of attachment (By Special: Inspector) 3.. Doors4lashing, installation, hardware. h oldMAP '. E. Roof.structure:and accessories` 1. Roof slab by (Special Inspector) 2: Roof 'insulation. & flashing,: WAR 3. Final roofing,material & accessories; WAR Property Mana- enient Facility 24 Schedule . F'. Interior Build= 0ut.�(rough -in): 1. Interidr Wall's & ceilings - insulation,, bracing, fire rating 2: Fixtures & equipment - backing, rough-in 3,. Floors & substrate° 4. Electrical sy. stern rough =:in, conduit, boxes-, 5: HVAC system rough -i chilled lines,, ductwork, 'damp insulation - _R 6. Plumbing: system, fittings° clean - outs,. traps,_ 7. Fire alarm &- secur'ity systems °rough 1n, :conduit., boxes, raceways i - G. Interior build out (finish): 1; Building �rnshes- . 2. Cabi net ry Work &_shelving 3. Floors .4: Walls - 5. - Ceiling's. - 6 Accessories - _ - 7. controls, :gnlies, equipment fire dampers 9'., Electrical fixtures, outlets; switch, safety switchesjire alarm & P.A..,system 1 Safety - - Life- ystems .H. Final - exterior wor.k: --- - - - - -- -- __.�__. _,_.___. - - - - -- -------- - - - - -_ _ �. -- --- - - - - -- �. ---_----------_------------.___..__..___..._.-.__-- T. Paving, slope,, drainage, striping &: curbs 2. Landscaping - ifrigation, planting material: grade's 3. Stucco /paint, cracks Caulking flashing, expansion-jonts 4. Walkways : -- drainage L Final punch- list/close -out: 1. Punch -lists 2. , Project close -out 3. Instruction manuals 4,- Substantial Completion Foram 00925 5. Certificate of'Final Payr -pent Form 0926 J.Marranty Phase: 1 Warranty period visit Property Management Facility Schedule,, 01'10'11'2011 2. Review and certify visit K Post - Occupancy. Evaluation: After, each Site Visit, the Consultant, and /or the Consultant's, sub- consultants, shall complete and submit to . the City, a;'report ( "Site Visit Report ") which shall, at rninirriurn . contain the followin" Jinforrnation Site Visit report number x b) City Fapility name, Project ;title, Project numberand location; c} Name of contractor /subcontractor; - - - - - d) S,fiail and finish time of Site Visit: and weather conditions; Project s_te ad, ministrator'sicin in and sign out; Personnel on -site, b trade, Y . Pro ress/ ualh of work; b trade 9} 9 q . y Y' h) ..Photograph`c-r with captions.(digital format); and - :Remarks /Actions _ .On the bans. of Site Visit observations, the CONSULTAN T shall inform the City and: the. Contractor mme'd ately, in,_wnting,. of-:the- progress =(or.- lack- of- rod �ess and` ualit -of _the -Work- and -the CONSULTANT - - shall: endeavor `to guard the City against defects acid %or deficiencies in ahe W&k:<. Thee CONSULTANT shall' _ have .access. to the. Work -at-::all :times,, -whether: it is in preparation- or progress,. i n order`. to, meet its �a. respor sibilities!=and obligations- un'derthb' ag reement: Task 47 - Project. Closeout: Upon receiving notice. from the Contractor (CNI) advising the .CONS,ULTANT that the Project. is: substantially complete*„ CONSULTANT, in `conjunction with appropriate CITY staff, shall schedule and conduct .an overview - of the - Project. The overview shall include CONSUL'TANT'S development -, of a ",punch list" ,of items needing completion 'or correction prior to consideration ,of, final; acceptance. The. list. shall be .forwarded to, the Contractor: U p on. ; from Contractor t all remaining "punch list" items.- hale be en resolved, the CONSULTANT, in conjunction with appropriate CITY staff; .shall; perform a'. final review of the Project Based _ r on successful completion of °all` outstanding work items by the Contractor, the CONSULTANT shall assist CI TY i6 closing out th construction contract: This shall include', but n ot. b e- limited to, provid reco'mrri.endations :concerning acceptance of the, Project, and preparing % :collecting; necessary documentation including, b :t: not limited to, lien wai .Vera, Contractor's final affidavit, close -out change orders,, certificates of substantial and fin compjetion, consent of surety to final payment, and processing of the final payment ar application. Property IMa ia-Tement Fkility ' Schedule 02/101 11 In 'addition; the, CONSULTANT shall coordinate with the Contractor as necessary to transfer record 'drawing markups or CAD files, which the CONSULTANT shall update the corresponding CAD files for record Our and certify the. Project as complete,, i_n accordance, with all applicable jurisdictional permitting requirements. Deliverables;: Receive Contractor: (CM) Sub'stantial'Completion' notification. Coordinate, and attend field meetings to review Substantial ,Completion: Prepare and verify that punch Fists .are completed; Certify Project complefo'n to :appropriate ,agencies. - Receive from Contractor original permit set,. lined "as- built" drawings in a "form acceptable: t the CITY. _. _ _ , _ Prepare electronic record drawings -:and certify Project as. complete >per - -- apPl cabl jurisdictionai requirements, Submit five (5} full; size copies of final as -bui[t record drawings wifh _ licable_ certifications: of_completron Submit Jinal as- taunt record drawing electronically` in CD format: - Submit final Project photographs ! aerials: - =-CON.SUL - TANT'to - provide Close Out Book with the ° - following - information - - - - -- --- -- .- ■ Permits complete final permit inspection sign =offs; ensure that alf ermits are closed P. Engineer's Certification: of Project Completion that Project was built in accordance with: plans: and. specificatidhs.,.. ■ Change- orders provide all, finalized' change order information, including funding. Punch. list`- provide complete list; including date iitem closed.. Certificate of Substantial / Final Completion Operating and Maintenance Manuals Pay applications r Finai W­ aiver and Releases of Lien / Consent- of Surety ■ Material testing; log Permit fees log ■ Record drawing, log, Schedule: - On- .going throughout duration of Project. Property- Manai_ement Facility. '7 Schedule . 621/1-6 0H A Task 4.8,---w Warranty Administration /Post Proiect Services: CONSULTANT shall assist. the CITY-with the coordination of requested warrant work. This :assistance shall: be r' ided for a period of u to one ! q y p R P � 1 �} :year following Final : Completioon and acceptance of Project by the CITY, or the issuance of the Final Paym:ent;,',Whiche.ver occurs latest. Deliverables: Assist1he CITY with warranty work completiion. - - LL S Up to One (1)` year'foflowing Final C o mp letion and acceptance of the Project by the, - CITY, ; - or. the. issuance' of the: 'Final Payment, - "Whichever- ' o ccur,.s latest:. TASK 5 :ADDITIONAL :SERVICE'S No additional ervices. are envisioned !at this tirne. if such " services are required during the _____perforrn.ance _of __the _ :v , ork the _ sha(I; be_re uested -_b -. it _ -_and _:ne otiated in_- accordarfce _with'_,contracf _requirements pursuant t o:,fhe- ho'urly;rates- identified -in- Schedule "C ". -- ._. - - - -- - - - - -- -- _ -:___ __ -_ Note that 8 separate Notice to Proceed_ is required prior to performance of any 1NOrk; not':expressly requ red,by this of,`Services. If CONSULTANT;, proceedswith- "out - of scope " - work witfiouf properauthorizafion, if - - - --- does so at its ,own risk: _ - TASK6 REIMB.URSABLES Task 6.1 - Reproduction "Services:. The; CONSULTANT shall be. reimbursed at the usual and customary rate. for reproduction of reports, contract docur�nents and miscellaneous "items as may be requested by the. CITY: Unused - amounts in- this:allowance shall be credited back'to the CITY at the completion of,the Project. Task 6.2 — TraVel and Subsistence: Not required at this, time. Task 6.3 — Surveying. The CONSULTANT shall arrange for and coordinate the efforts of licensed" surveyors toi prepare a topographical survey within the Project limits to meet the intent of the. approved Project .Scope. Proposals forthese services shall be submitted to the CITY for review and approval;.. Task 6:4 -Geotechnical Evaluation: The CONSULTANT shall. arrange for and coordinate the efforts of 'a geotechnical firm to 'perform boring / test excavations as necessary to .adequately- define the soil Prod' rr< ti1ana <�ej�lent Fni"[in Schedule A 0?° 10'Ql 1 characteristics for the p&poses of design. Proposals. -for ;these services shall be submitted. to the CITY for review and approval. Task 6`.5 Underground, Utility Verification: The CONSULTANT shall' contracf the services of an underground Utilit loc service to pe rform _additional. vacuum e xt ractio n 'excava a s n ee d ed ; in an effort to` better identify - existing :underground' conditions where work) to be performed Actua! locations shall be -as directed by the CONSULTANT, -- subject to .C:ITY review and acceptance 'Proposals "for these services sha)I be. submitted -to the CITY for review and approval Task 6.6 —'Design, Sub= Consultants The CONSULTANT shall arrange for and coordinate _ th'e efforts- of _ _ `design sub= consultant expertise a :such expertise, is needed and determined by the evolution of the :project _ rim_ .requirements and /or site conditions 1, The C:QNSUL - ANT at the CONSUL'TANT's expense, propose to_ have he specialists designated below; eifher from the. CONSULTANT'S organization or as the CONSULTANT's contrad tec! eorisultants or _ associates, to perform the .services- indicated: 2. Selection of CONSULTANT'Was based in part, 'on the qualifications and expertise. of-the following - - -- -- -- architectural; - engineering and- other = firms - and = individuals- accepted by -the City as= the - Designated= Specialists-- -___._ a,- 1Nolfbera. Alvarez and Partners Inc., ELECTRICAL - ENGINEERS b Wolfberg, Alvarez and Partners Inc MECHANICAL ENGINEERS MARTINEZ ENGINEERING GROUP STRUCTURAL ENGINEERS d. Woifbera. Alvarez and Partners Inc., CIVIL. ENGINEERS e. O'Leary Richards' Design.Associates lnc.,: LANDSCAPE ARCHITECT 1. The. CONSULTANT shall negotiate a, fair and equitabie agreement with each- of the Designated Specialists: based on the-terms and conditions of this. AGREEMENT., The CONSULTANT May' hoose additional: specialists, for :which prior written notice to the CITY shall , ,be, given ,but shall not terminate or replace those originally, designated without the. prior- written approval of the CITY and without a signed and sealed or notarized release from the Designated Specialist being replaced or.justification acceptable to th:e CITY that- such, a. release. is not.obtainable. P op6 titanaQement Faci['inr , �9 S'chedu'le i1 4. The CONSULTANT'S agreement(s) with its Designated Specialists shall specifically require the, Designa 'S p ec ia lists ` to visit t P rojeci(s ) - d.urin9 construction, as ' part of their c6mp re hensive services, .in order. to .guard the CITY against dbViations by the Contractor from .requirements of. the Construction Contract Documents:. S. The C'ONSULTANT,shall' be responsible.for all the work of -CONS JLTANT organization.and that of the CONSULTAN.T's Designated Specialists. In the required effort to avoid errors and' omissions: in: the Construction Documents - special attention -shall. be given by Designated Specialists to the coordination of their work with. that. of others.. However; - -the final- responsibility for such coordination rests with the . CONSULTANT. Nothing contained; in this:.AGREEMENT shall create any contractual relationship ,oetween - CITY and any, of .the: Designated Specialists working t CONSULTANT: It sfiall be understood that the CONSULTANT is in na,way relieved of any responsibilify_.•under the Germs of: this AGREEMENT.. by the performance br:.n0n- performance of'required services. by,any Designated Specialist who may associate With the CONSULTANT in; performing the wank: 6. The CONSULTANT shall:retain all financial and design documentation related to' the .Project for a minimum of four (4) years after completion of this AGREEMENT, or for such longer period as may be required Minimum. Drawing `Requirements: The composite F ret` of drawings to be produced sha(I contain sufficient information and detail to. clearly define . 'all- proposed improvements in terms of quantity quality and location: The CONSULTANT shall propose , a drawing Fist - to :be reviewed a'nd approved by' the CITY. Site Plans Existing Co —Site Survey — to; include property lines, existing grade / topography, sidewalks,. pavement` areas, Landscaping, site improvemenfs, buildings, dimensions of buildings fencing, lighting, overhead and underground utilities, etc. Demolition - Clearly depict existing conditions .to be demolished. o* r modified: Proposed improvements — Clearly depict all 'new design elements including sidewalks pavement areas, landscaping, buildings fencing, lighting utility modifications, replacements, and additions, etc: P.ropert�t Managembnt Facility 30, Schedule A r . 01`1011 F l Enlarged. site plans Where necessary to clearly define Project requirements, provide enlarged site plans% for specific areas of improvement. 8UiIding, Drawirngs All. buildings to be demolished, renovated or constructed shall be detailed in the ,Project,:drawings in sufficient detaiP to clearly arid'thoroughly depict -the intended niprovements` modifications and s hall at; a minimum.. include dcawihds; f&'.all involved disciplines: Ar..chitectut I Civil Structural,, Mechanical,- Electrical, Plumbing and" Landscape. Arch 'itecture. Drawings shall be organized by building and by discipline: Property. Manauement Facility 31 Schedule ;A 0 2/ 10120:1.1 SCHEDULES CONSULTANT COMPENSATION Schedule of Payments Planning Services* $26,068,40 Design - Services* $185,707.92 Bidding and Award' Services: $11;467.80 - - Construction Admi nistration S e rv i.ceS * * - $611'6721 _ Reimbursable Allowance , - - $28;3.00:00 ;Note * These s s hall be paid based on percentage complete of each. phase as id6rltified :in the i "ndividual aasks att Schedule S, prepared -by. the "t nsultant., - - Note Construction Administration will be paid based on a monthly basis 'upon comnencernent of _ con ,struction_.and_for a-- prpjec,t_dutation of- twelve O2) The- ConsUltant!s- monthly -fee- during -- - -. -- this construction ph will be $5,306.00:, In- the event 'that Jhrough' no fa;uit of th`e': C_onsu itant, C onstruction Administration services are. - -+ — ;required to 15 i t6h d which extension shaI be subject to prior City, approval, at its sole discretion the Consultant agrees" to extend said services 16r'$2653.00 per month for the duration required to complete the project.. The reimbursable 'allowance :belongs: `to the City and must be approved in advance, by the Project Coordinator. Unused portions will not be paid to the Consultant. Propertt M' na�gement Facilii�? 2 Schedule .. 0 ? / 104- 0 'I': I , • l x f to i t 1 f i i t ti f :Si- ii it ID . ... . ..... . ... ....... lit . to ...,,. ..... .. ... .... .. ,,.,..., ,� � -i - m �m ' I • iii 3 ••�• #1 S d x t z ' 3 f " 3 $ S _ r S 4 t y i t 3 A-A Im i V s_ r , g f t i _ 1 r s s { s . , , , i ! i r i X18 $, s ' a1 • i � f Zia ,,.. ... ,�..,._... .:..: ... .... .< ... ..,., ....- ... __ ,.... .... ,-... , �,.._. , .. A. ... , i m � 1 A IJ jz s Z e a i fi S � � f f q C ; • j S zz� � l r � Y t �� .d i p Y a 7 }_„ i'L,� 14L. t I , 1 t SCHEDULE C Hourly Billing Rates Project Principal $ 150.00 Traffic Engineers .$.101.00 Project Manager $ 120.00 Cost Estimator $ 65.00 Senior Civil Engineer $ 115.00 Specifications Writer $ 55.00 Civil Engineer $ 101.00 Constr. Administrator /Manager, $ 82.00 _ Senior Electrical Engineer $ 115.00 - Senior Project Manager _ g J 17 __ $ 120.00 Electrical Engineer $ 101.00 MEP Project Engineer $ 120.00 -Senior Mechanical Engineer $ 115.00 Horticultural /Maintenance /Consultant $ 75.00 Mechanical Engineer $ 101.00 Irrigation Engineer $ 82.00 Senior Structural Engineer $ 115.00 Job Captain $ 80.00 Structural Engineer $ 101.00 Interior Designer $ 83.00 Senior Environmental Engineer $ 7.15.00 Principal /Director of Design $ 120.00 __'Environrrmental Engineer - _ $ Z01.00 -, Environmental Technician $ - 65.00. Environmental Specialist . 55.00 .- _._ . ._ ._ . .. $ - Environmental Permit Specialist $ 55;00 Project Scientist $ 105 Senior Surveyor $ 120.00 Su'_' rv_e'_y6r $ - 101.00 -_ -._ _ ._ -_._ --- - - - - -- __ _ - --- •_ -._- _ _ _ _ Surveyor Support Staff - _ _ $ .60.00,.____ Senior Architect $ 115.00 _Architect- --- - -- J Senior Designer. $ 135.00 -_- ._.Designer"- ; - - - -- - - - -- - - -- - - -$- -83.00 - -- - -- - -- - -- - - - -- - - -- - - - -= - -- -- -- Senior Urban Planner $ 115.00 Senior CAD Technician $ 60.00 CAD Technician $_ 55.00 -_ .Senior,Eandscape- Architect : -- Landscape Architect $ 101.00 .. - - - - -- _ _- --- - -___- Clerical $ 35.00 Administrative Assistant $ 35,00 ` Survey Crew Party of.2- $ 122.33 Survey Crew Party of 2 w /GPS $ 146.53 Survey Crewi Party of 3 $ 148.21 Survey Crew Party of 3 w/ GPS $ 171.31 Survey Crew Party of 4 $ 183.75 Survey Crew Party of 4 w /GPS $ 217.50 Sr. Inspector (CEI) $ 90.00 Inspector.(CEI, Field or Construction) $ 82.50 Project. Engineer (Coastal or Other) $ 101.00 Sr. Field Services Professional $ 101.00 Field Services Professional $ 70.00 • Threshold Inspector $ 120.00- Structural Special Inspector $ 95.00 : Technical Editor $ 65.00 Senior GIS Specialist $ 101.00 GIS Specialist $ 75.00 Staff 'Engineer/Geologist/Scientist $ 82.00 t Landscape Designer $ 83.00 Planner $ 101.00 Project Principal (Structural Engineer) $ 150.00 n operty Management Facility 33 Schedule A 02/10/2011 SCHEDULE D CONSTRUCTION COST BUDGET $3,600;000 Property Management Facility 34 Schedule A 02/25/20 ' SCHEDULE E PROJECT SCHEDULE Property Management Facility 35 Schedule A , 02/1.0/2011 SCHEDULE F 'GENERAL CONDITIONS: OF THE CONSTRUCTION CONTRACT° See attached CO Property Nfanagemene Facility 36. Schedule A 0 11 t S` s AG MENT OR PRE -C. O R 'ICES _ BETWEEN CITY OF MIAMI. BEACH, FLORIDA i AND KVC" INC., FOR CONSTRUCTION MANAGEMENT AT RISK `PURSUANT TO-RESOLUTION NO._2006.26416.ENTITLED "CONSTRUCTION MANAGEMENTAT:RISK PRE- _.. CONSTRUCTIONS SERVICES FOR RENOVATION OF THE SCOTT RAKOW YOUTH CENTER- PHASE If PROJECT, 4. THIS. AGREEMENT,, made and•entered into1his. day of , 2006, 'by and between ttie CITY OF µ. NIIAiVl1_BEACH, :a. Florida municipal corporation whose address-is 1700 Convention Center Drive - Miami- Beach; -Fl. _ 33� 39 (hereinafter City),_and KVC. CONSTRUCTORS, a, Florida corporation whose address is 949.9 NE 2 ". Avenue, Suite;206,_M'ami = Shores, Fi. 38 (hereinafter= Construc #ion Manager- or. - CM). - - WITNESSED: WH EREAS, the; -City intends° to :renovate the existing Stott, R Youth Cente r.and desires' to engage t services of CM; and _ WHEREAS, th - CM desires to act Construction It7lanage At -Risk to the City to provide the services asset f i n_this_Agree ment. NOW THEREFORE, in- consideration of`the covenants and, conditions herein contained; and; other good and valuable considers #ion',. the ,suffcieney_of which is.hereby ackr"owlodged, City and CM.agree as -- fellows: - -- . -- ARTICLE I--- - - -- _ - -- - -- -- - - -- _ - _ - -- DEFINITIONS The ` €oilowing"terms shall have the meanings specified below, any capitalized terms referred to herein and not defined shaff have the meanings.s.et.forth in the Agreement between City and. Construction Manager: 1.1 ArchitecVEngineer or A1E:: The. "Architect/Engineer" or "A/E" shall mean that person or .firm.- designated as the architect /engineer- for the` Project, or any portion thereof. Also referred to as the Consultant'. this entity has entered into 'a :separate agreement with. the City for design services for :the Project said Agreement attached' and incorporated' as Exhibit VII hereto {also referred to. as the AIE Agreement). Fo purposes of this Agreement', the' Architect /Engineer of record for the Project is.Srown and Brown:Architects•Inc; Whose principal address; is 7100 S 99 Avenue, Suite 20 Miami Florida, 331 1.2 Bonds: The "Bonds" shall mean the Public Construction Payment Bond -and the Pu Construction. Performance and Guarantee Bond furnished by the Construction Manager.as required by this 1.3 Bond Premium: The term "Bond, Premium" shalI mean the direct cost of the premium paid, for the Bon (s): I _ g y 1.4:. Bud et: The minimum amount established.b : the City for this Project. Construction' - acknowledges that; prior to execution of his Agreement; it. has received the Ciity's writte Budget for .the ' 1:5 C ty Owner: The_ ""City.o "Owner' shall mean,-, the City of' Miami. Beach a _Florida municipal . corporation, having its .principal offices at X1700 Convention Center`Drive, Miami. Beach; Florida, 33139.; and may also be referred to as.the "Dwner" in this Agreement.. The City, as a governmental entity,-Js subject to the availability of funds`and annual appropriation of funds by its legislative body and: governmental "authorities - = - or sources of revenue in an amourit to 'allow continuation of its p erformance under this Agreement In the ` ._.:_ `.. event - of lank of f unding for.this Agreement,, or t Proj,ect.'suo t0 - this Agreement, this Agr eemen t m terminated;':bythe Citypursuant to° the. procedures set,forth`in.Subsection 6.2. , -- .. =.- - - - -. -- 1..6 -.: - =- = City = Commission. "City Commission ° shall mean the governing and egislatye bod:of-the ^City -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 Agreem - - 1:6._1 The City Commission shall be the bodyyto consider, - comment upon, or app rove of an y amendments or modifications to this Agreement. 1:6:2 The City Commi soon shalhbe thebody foMconsider, commenf upon, or approve anyass�gnment; sale, transfer orsubletting of this AAgreem t or any- interest_ therein :_or any sUbcontracts m ade thi . Agreement. , Assignment and. tran :shall. b e: defined to .include . sale. of., the. majority of the - stock. of a'. . C 1.6:3...__.AN :: City - Commission approvals- and; authorizations - shall - fie eXpressed by passage of an appro priate _._. . _.___._,_enabling:reso. lotion_- and,_as:_determined_by_the_City if,:appCicable-or_reopired;_by- the - execution -of an,appropriiate -._ amendmentto this Agreement. 1:6:4: The City Commission sh8ll,approVe or consider aR contract am which exceed the s un. of Twenty-Five Thousand Dollars and 001100 ($2 or such ':other amount as may be specified by`the City, of Miami Beach Code in As Procurement Ordinance, as same may be amended from time to time. 1.7 City - Manager: Th e "City Manager' shall mean the Chief Adm inistrative Officer of the City: The City Manager shall be construed to`include anyduly authorized .designees,;incluciing; a Program Coordinator, acid . shall -serve as the City's representative to whom . administrative, requests for approval shall be made and 'who shall issue authorizations exclusive, of those `authorizations.reserved to the City Commission to the CM. These authorizations shall include. without limitation: reviewing; approving, or :otherwise.. commenting upon the schedules,, plans reports; estimates, Contracts and .. other d o' uments s u bmitted .to the City 'by` the : CM :pursuant 5 to the Scope of Services set:fo in this-A greement, as. same rriay be: :'amended frofit time to tinme:. 1.7.1 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 he shall attempt to render administrative decisions promptly to avoid unreasonable delay in the_prbgress of the: CM °s work.. 1.7.2 The City Manager shal : additionally be authorized, but not required, upon.written request of.;the. CM, t z reallocate monies already'budgeted,toward payment ofithe M provided, however; that he cannot increase the CM's cornpensationor otherbudgets.established:`by this °Agreement: - --- - 1.7.3 The City Manager, in his admin istrative discretion may consult. with the City Commission':concerning ' disputes or matters arising under this Agreement °regardless of :whether such matters or di are enumerated'here'in. 1 :;7:4: Th - e City,.Manageror'his.designee shall:be.the representative, on be'half'of the City authorized to issue 4. Notic Proceed. 1:7:;5 The City Manager mayapprove'contractamendn-ients which:shali'notexceed the sum ofTwenty =Five . ( y Tho and. Dollars, and' 007100,; 25,OOQ:00- , ._or_such other:amount as -rna. ; be. specified by. the City- of:Miami Beach` -ode, 'in its. RrocUrbmerft Ordinance; -as same__may,_be amended from time to time. _17:6 The City Manager may, m his:aole discretiori;_for m.a committee or committees,, or inquire- of:or consult; with persons for the :purpose receiving' advice and recommendations relating to the exerese_of his powers;. duties and responsibilities under this Agreement. - 1.8 _._ ._.CM Principat__The` "CM P rincipal" shall be:the p.erson.designated tiythe,Construction Manager as i #s: _ 5edior representative to:t . e City. The CM Principal shall.perform,thoseluties re,gu red in this Agreement and shall .have the- author�ty`to- commit :ond- obligate the CM, and to fully act for'the CMrtin allymaters 1. Claim: A "Claim` is a.demand, assertion, dispu o r other such claim- p one_of t arties 'he'reto: - -�- - -- - -- - = -= - - -- = - - -- - ------ - - - - -- 'arising outtof or'based upon the terms and.conditions -bf. the Contract Documents. 1.10 Contract Amendment-or Change Orders: "A Contract Amendment,: or- ``Change Order" shall mean a_written order.. :to th e.:Construcfion - Manager approved -by the City,.as "specified- in`thin - ____ -. __- __- -- _- ,__:__- .signed _by_ the - :City's_ duly__ authorized _representative,_authorizing_a change -in- the:- P- roject -or -the -- method= an`d- .---- . - - - -- - rnanner ofperformance thereof, or an adjustment n the fees or completion:dates. as applicable, and executed by.the C ity, CM and the A/E. Co,ntract Amendments and /orChange Orders affectir g:changes Work shall be countersigned`by theCM acid the A7E. Contract.Amendments and 7or Change Orders, shall be approved. by - the City Commission if they exceed` Twenty -Five Thousand: Dollars and 00/1 - 00 025.000:00 } or by the City . Manager if fhey are Twenty -Five Thousand.Dollars and 00/100 025,000.00) or'less in amount (or `such< other am as may bespecified by the City -of Miami; Beach Code. in its Procurement Ord inance,:.as same may be amended -from time to.time ): Even fo.r Contract;An endments and /or Change Orders for less; than Twenty -five Thousand Dollars and 0071,00 ($25 0GO -M ' the City Manager shall retain the right to seek and obtain concurrence of the City Commission for approval of;any such Contract Arhendments:and7or Change. - Orders 1:1 Construction Change ;Directive: The term "Construction .Change Directive" shall- mean' a! Written directive to effect changes to the Work, prepared by`the. A7E and executed by the City. 1' :1.. Con structio n Estimate: The term "Construction Estimate" shall mean a cost estimate for the . completion of the entire S, co Woek.for the Project; which estimate shall include all components of the Cost of the Work, -as well as the Construction: Fee for the. Project. This estimate is initially established as $3,900,000 which i the sum budgeted..by the City for the construction cost�for the Project. 1.1 Construction Manager (CM): The firm.of'KVC Constructors Inc: whose principal address is 9499 NE. 2NI Avenue,, Suite 205, Miam Shores, FL., 33:138 as selected .by the City. ;pursuant to. Res.olution:.No. 2006= xxxxx,, t' provide services of Construction �Managernent At -Risk for this Project. ,Acceptance of the-:GMP by the Cityshall resul .in the.,CM.functioning�frorn that. point` forward as a _-Geneeal.-Contractoe "hder`the Perms ... _ and. conditions of:'the Contract Documents as` same may be amended,. which will.,go into effect at_th& time of GM.P acceptance; 1:.14.1 (intentionally Omitted) 1. 14.2 The: Construction Manager shall be liable for its serviceS, responsibilities and _liabilities under this. Agreement,,as well; the.services, responsibilities and (iabilit�es of any ubconsultants,- andany other = person -. 'or entity' acting ender the direction or control of the` Construction Manager. When: the term "Construction Manager" or "CM" is.used,-m ht Agreement, it shall be deemed to include'an sutacansultants and an other - - Y Y per son : or entity acting under the. direction or :control of CM. Any .subconsultants 'retained by Construction. - Manager pursuant to this Agreement` andahe Project, must receive the pnorewritten approval_'of the City_. 1.,1`.5 - Construction Manager - 's- Fee The 'term "Construction, Manager's Fee" or "Fee - shall .mean, for - purposes of.th.is A greement only, - a fik -dfee in the amount of 75,000,arepresenting.,_the-F.ee negotiated for.. CM's Preconstruction Services, as =contemplated herein. Notwithstanding anything to the contrary if the =GMP ►s: . not accepted,by_th:e City: and: the = Agreement -is terminated, the Construction Mann ecshalhbe_- entitleo._to receive__. g only that, portion of the :fee aierein representing all;wock:performed to date relating to.t_he Project: 1.16 Construction Phase The term "Consfruct�,on Phase: Services" shall meanand anticipates - -in -a :subsequent .amendment to this Agreement, and- further; in the event' the City approve the° GMP; the -- - --- -- - - - - -- - - - -- -- services -to be- performed- by =or- through- the - Construction- Managerduring the: Construction -Phase of:the :Project;. - - - -- - - -- including,; with out'limitation, the Work the. Project and such` other services' as called for`by this,Agreement. and any amendments hereto, or- reasonably, inferred: there from.. T: 1'7 Construction Schedule: The term, "Construction Schedule" shall mean, a critical path schedule <or other ,construction schedule;, as defined and required by the Contract Documents 1.18 Construction Team; The term: "Construction Team" shall mean the construction team,consisting- of representatives of t Construction. Manager, the City, and A/E. 1.:1;9, Contingency: The term "Contingency" shall mean a line item contingency amount contained in: the S.chedule.of Values.forthe..Project, which contingency amount, if accepted byrthe City, shall be included within the GMP for the' Project and shall accordingly -be referenced 'in the [GMP] Amendment to this Agreement. Pprsu ant to- said Amendment, the Contingency shall be used as, a' source. of funds for -the costs: reasonably and. necessarily`incurred and paid, by the: Construction Manager, which costs shall be at rates not higherthan the standard' paid in the locality of the Work; as follows: (,i) in connection with the proper performance of Work, . required hereunder which Work was unforeseeable by the Construction Manager-, -the A/E:and the City at the time of execution.of the GMP Amendment pertaining thereto: notwithstanding the 'Construction Manager's exercise of due- diligence in connection there "With; and {ii} to the extent that: any portion of the Contingency l remains unallocated on the date..of.Final Completion;:and after the issuance of`fnal payment�`forthe Protect; which remaining portion of the:Contingency;shall accrue to:the benefit of the City The Contingency_amount. ifi any,: hall be :set forth in the' GMP Amendment for the Project, on its face and within the Schedule of Values attache'd .thereto. The Contingency amount -shall be used :at the discretion of the City and must be approved, prior to the.:C.M using Jt. 11:20 Contract: The. term "Contract "`means the contractformed byall of'tho,Contract Documents, including this Agreement and any amendments hereto. I. 1 21 Contract Documents:: The "Contract Documents" include Resolution No: 20 0.6 xxxxx; his .- _ . Agreement; arid all attachments, exhibits; and arne thereto, the A/E- Agreement; :attached as; Exhibit U[F hereto;_and such other. documentation as may be listed as an:attachment antl /or °an;exhibit to this Agreement. -: -- - -- U on of the GMP Amendment, the Contract'Documentsashall be ex anded to,nclude, in addition to P t ose items fisted: above, those documents' identified by the GMP Amendment :and the, attachments. arid' hibits thereto: , 1 22 Contract Time The time period define61 thin this Agreemeotfor the :Construction Manager to,sutimif the GMP::, _ 1.23, -- `Drawings:: The" "Drawings" shall refer to the:graphic and p�ctonal provisions of the Work:identified as ..__the Drawings _n the_GMP Amendment,_Chan e_:Qrder or C_onstruction-Change Directive- issued a�id_executed ___ _ _.__T._ in.accordance with: the; Agredmerit ding i itho ut limitation all notes schedule and legends on such: Drawings. - - - 1 -:24 Genecat Except as defined herei "ri or as otherwise:defined in the: Contract Documents words which+ - - - -- - - -- — -- -_-- -- - have well -k'nown= technical meanings.or= otherwise:have accepted:constructon industry- meanings are used in- - - - - -- the ContractDocuments in accord ance-.w'ith such well -known or accepted meanings. 1,2.5 � General Contractor:= Theterm General Contractor' shall : refer to the CM afte ,acceptance.by the City _ of'the :GMP - Amendment: The CM shall be. duly licensed as a General Contractor pursuant to Chapter, 489 Florida Statutes 1.26 Guaranteed Maximum Price - m? teem ``Guaranteed Maximo -m Price or "GMP'' shall mean the sure c6rtain,sei forth in the GMP Amendment as the Project price that. the Construction Mart'ager guarantees not:to exceed for the Project focal( services within the Agreement; as same "shall :beacnendetl upori:acceptancbbf the . .G I MP by the- City not to include the' Preconstruction $'ervice.s Fee.. 1.27 GMP Amendment: The ferm "GMP Amendment" shall mean: the.GMP Proposal,for the.Projject, if any accepted by the City; in its sole discretion, in substantially the same - 'form as attached as _Exhibit ``I ", (or a phased.bo.rtion` thereof) hereto, Which Amendment shall automatically become a part hereof -upon the City's and Construction _Manager' of�the same and shall establish',arno' g other`things, the GMP, h' name on.,., the Construction Manager's on':. site- management:and supervisory`personnel for the Project; and the :Contract Time for ,the Project. The City anticipates;. that the Project will be phased and that each phase will require: a> separate GMP Amendment. . f F 1:28 GMP P:ro.posalThe term "GMP Proposal "' shall mean, a proposal for completing. the Project,. which proposal:shall include the proposed Guaranteed Maximum Price for thetonstruction of the Proj:ecf as provided by the Construction Manager and' accepted by the City'.based upon the Drawings and Specifications; the Contract Documents; ;and °.the Memorandum of Changes'. The City _has no ob igation to ;accepf ale :GM;P Proposal regardless of the amount or its relationsh ip. to estimates provided. 1,:29 Laws :'The term "Laws" shall. include all Federal; State; County and;. local; laws statutes regulations, ordinances, rules :and bulding'codes.applicable to the Project, irjcluding without i imitation, ,orders au of any public. authority havin ur sdiction overt buildin � ,. labor, safe lice or environiimeratal laws and local g.1. _ _ j 9 . tY, _ 9 _ - ._building codes, build ing.standards.and trade practices affecting the Project,,as same may bearrerded from time to -'time - 1.30 Memorandum of Changes: The termMemorandurn o`f Changes° hall mean a written summary of - -- -- th:e-Construction Managers e'comme modifications t6 the` Dra' ings land SPe "ificatloils relating to Project based on an evaluation, of the Project requirements'; on and off site development, survey requirements; , - and : Project budget requirements, and a review of the design_documents, and_the Drawings and Specifications - _ and - the. Contract Documents; .- 'Phase I (36 . Schematic Design_Docume: __t:'_ __ - The terra; "P.hase 1 =. Schematic Design' Y Documents" shall mean_Drawin s_ and_.other docurn&ts_ illustratin � _the- scale antl relationshi of h Pr g 9 p_ __t, a .oject_�____�__. -_- eomponents,. as further defined:. by. the - A/E Agreement CM's knowledge. of :;and coordination with- said; Agreem is incorporated herein: 1:.32 - - Phase- 11- (60 %.)� Design:"De�elop.ment- Documents: The term "Phase I!- Design. Development -- - - �.^ __Docum en; ts "- shall- mean -the - D raw ings - and - Specifications and otherAocume.niswhich fix and .- describe the,size =— and characterof the.enti're Project:as to- architectural structural, mechanical and electrical systems,,materials. and such other elements as may be appropriate, and as' further defined by the A/E, Agreement.'. CM's knowledge of and coordination with said Agreement_is incorporated herein: - 1.33 Phase 111(100 %0): Construction' Documents: The term ``Phase III- Construction ;Documents" shall. mean. the:Drawings'and Specifications setting forth in detail the. requirements of the:.construction.oIf the Project, I nd as' further defined by the..A/E Agreement. CM's knowledge of and .caordination with, said,_Agredment is specifically required: of the Construction. Manager. 1.,34 Preconstruction Services. Fee:Theterm "Preconstruction Services fee "'shall.mean the fixed fee for the: services contemp aced in this Agreement; in the amount,of'$75000, for CM's: services performed during' the Design Phase related to. the Project, which fee includes; all direct and. indirect'costs:incurred'bythe Construction. Manager in .the proper performance of the' Pre= Construction Phase Services contemplated under this Agreement. 1::35 ` Pre.construction Phase Services: The term "Precorstruction Phase Services shall mean the services which the- Construction Manager shall perforiim irn reviewing the design and for .,the Bid and Award Phases of the Agreement, and. culrriiriate with exercise.: by the City of one of the City'`s: options regarding the i GIVIP' Proposal, 1.36 Project: The term "Project % in its entirety shall mean that certain portion the Cityconstracfion project referenced in Resolution. No. "2006- xxzxx, involving the renovaf on of the Scott. Rakow: Yoath Center: The City anticipates that the Project will be phased and.that each phase as set'forth below, will. require a separate GMP Amendment. The final phasing of the Project: will be> determined by "the. CM, CONSULTANT and City jointly. The phasing, plan;outli below may be differerfffrorn'the "plan agreed uponby'the CONSULTANT; CM and the -Cit y The total GMP2 Amendments will comprise the" entire Project. The: City anticipates the following Phases:for the. Project: Phase. 1 1 k, Entry Addifion; :Elevator and' Plaza -. Phase 1 B: 'Convert Old Ice Rink to" Multi' Purpose Room - :_: . Phase Two:. First :Floor - Renovations =- Phase Three. Second Floor Renovatio - Phase° Four N'ew'ParkinQ Other Site'Work Phase "Five: New Play. Area -and Golf Course .Starter - - Phase. Six New_Pool Manage�''s Office __ 1.,37 Schedule: of VatuesThe term Schedule of Values shall mean,tte schedule of values, setting forth: ^� V the detailed: cost breakdown I i_nelud ng _labor, mate ri als and_ taxe s. ''of the GMP set forth ir% the a licable GMP _ _ -- - - -- --pP . _ Proposal- the sum of which shall :not:exceed. the GMP:, , 1 :38 Scope- of.the'.Work: The- term "Scope bf_thb Work'sha!{` "mean all services„ labor; materiais equipment, .operations and construction rnanageme.r"t- services that are indicated in or reasonably inferable- from, the Contract .Documen. ts. - � -- -- — ---- - - - - -: _ _ - -- - - -- - - - -- - - - -- - - - .___. - . -- -- - ._ - - - - -- = - - - -- __._ 1..39 Specifications: The "Specifications" consist of any and all written: requireme,nts. for materials, equipment,; construction Systems, Standards and workmanship for the Work. which are identified as th . Specifications in the GMP Amendment, Contract Amendment(s),, or Construction Change Directives) issued and exbcuted. in accordance; with; the: Agreement. 1..40 Subconsultants: 1.40.1 A, "5ubconsultant "`.is a person or entity which has a direct�contractwith: the Construction Manager to perform_or supply, a portion of he Work and`the term includes such Subconsultant's authorized representatives: Construction, Manager shall obtain prior written approval of the .City prior to changing or modifying t he_ r subconsultants and other - professional associates. Any such .services performed any Subconsultants,shall be passed through to City without additional charge by the C Ail such, work shall. be itemized on invoices from such. Subcon sultan ts, showing work performed and charges incurred.. 1.402 The Construction Manager represents that it has made and will make reasonable investigation of all Subconsultants'to be utilized in the performance: of work under this Agreement to determirne that they possess the skill, knowledgeand experience necessary to.enable them to perform the services required. "Nothing in this Agreement shall; relieve: the Construction Manager of its prime and sole responsibility for the-perfotmance ofthe . f Work under -this Agreement. 1.40,3 All cafes, ,multipliers_and any other: fees charged by -any: Subconsultants shall `be not snore: thanthose rat es,. mu tipliers and other fees, in any contracts that any.such Sub cons ultants may have >either with the. City d.irectlyor as :a Subcoi sultant under:some. other City." agreement or snore:= than. what is typically in .the industry: 1.`4:0 4. Construction Manager shall, bind 'each ;:and every.approved Subconsu tanf.to the terms stated in this Section and shall require the proper licensing o. such S.ubconsultants. 1 40 5 i;f:any of the.services outlined mah,is Agreement.are furnished: by Construcfion;Manager by obtaining the °services of Subeon_sultants Construction �Manage'r;shall;provide City with..'proposals and contracts between: the Suaconsultanfsnnd, Construction. Manager outlining the services to be .performed and the ;charges for same, t4gethe.r with any_ other _documentation required by °C�ty;__..._ J SubstantiahC,ompletion; The term:. "Substantial Completion is as deflned'in :the Contract bocuments as ainernaybe.amended `1, 42. _ . Substantial,Comptetion• Date ;The "Substantial Completion Date" hat( mean the,date which the A/E ce to the City by means:: a',certificate of_ Substantial Completion as the date when the'Construction Manager has achieved` completion - of the, or any- phase thereof in accordance with the Genera! Conditions: of the - �_- Contract Documents and a _licable_ laws and. the £ ty of Miami Beach Buildinti" Department.issues a. PP _ Certificate of - Occupancy XO) or (Certificate of Completion(CC) . for RenoVat on Proiects Notwithstanding the preceding if a,- situation arises '.beyond the control of he CM, and the issuance :of.: a - Cerrtificate of Tem ora Occu _anc l"CQ is ranted t3y the B.ui ding; De partment;- then`` -the, Ci m ay deem.at _ P . ry:. p y ( ) g.. ty y 1. its -and reasonable -di. screiion,ahat,_ the- Project_or-� any_ phase_thereof has_ beenu_ b 'stantially_G.oMplefed` - - - - -' .-- 1 43` Taxes: Tha term "Taxes" ,shall mean all taxes; related to the performance ,of:the -Work or any portion thereof, including but not' limited to, all. sales, consumer, use, occupational; excise, .social security unemployment compensation and smilar�taxes. 1.44 Work The term "Work'' means all supervision; labor Materials and equipment require d by the Contract Documents to_be provided by:or through theConstruction Manager for the entire Project and all. other services. necessary to' fulfill the Construction Mana'ger' sobfigations hereunder to perform the Scope. of the Work, including as the contexf may require, any portion of the Work.with respect to the Project. The. ui d# - alized` term work is, used; in .its ordihary' sense. 1,45. Proposal Documents: (Inteitionally'Omitted:). 1:46' Force Majeure:. "Force: Majeure" shall mean any delay occasioned_ b y superior or irresistible 'foece(s) occasioned by violence in nature with out.t h e , nterfer ence.of hu man agency such as hurricanes. tornados; flood. and loss caused by :fire -and other - siinilar unavo dable:`casua[ties : changes in.-federal law, state: - local:laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impaction the Project;, other causes beyond the parties: control; or by any other such causes which the City and t he: Construction Manager decide in writing_ justify the delay. Provided. however; that market c o n diti0h, ,. labor . conditions, construction industry trends, and similar,matters Which,normally impact on thebidding process shall not be considered a Force Majeure: ARTICLE' II_ ' RELATIONSHIP OF CITY AND CONSTRUCTION MANAGER 2.1' Th'otbnstru -dbn M`anageraccepts the relationship_of` w8t and confidence estat l shed between itand the City . by this, Agreement.: The: Construction Manager. represents that` ,it will.. furnish its skill and judgment in' perform ing .the - CM`s services and the Work, and shall. always 'act further'the. interest of the'City in the expeditious.completion of the Project, at"the IoWest responsible cost the City, and in strict accordance With. W theeCont�act.Documents:and` prutlenl and customary - construction practices. - -- = =- - -:- - . _ 22.- - .B si nin thin reernent the - Construction Mara er;acce" is a- fducia da with he Ci and warrants grid y . 9 _. 9 .... 9 x 9 . p . . ry . ,..ty h! - represents to the City that the Construction Manager.; a), has all licenses and certifications required by applicable aw` to perform the CM's services and the . Work; _ b.) is. experienced in all aspects of pre construction and construction In for 'ro eels similar to:;the: P.. 9 p j . ;Project;, -.. -- -- -- - - ---------------------- - - - - -- - .- _----------------- - - - - -- _ _ will act in the City`s highest and best interest in performing the CM 's services and the Work and -- dj. that no' employee:orafiiliate of the,Construc'O includin all subconsultants. subcontractors ° an d suppliers, at any l ier, ' been convicted o f a . public` entity crime,, fr aud -.,`thekt and lor , prope - = damage-crime within the. precedin thi,. -six 36 months- from_tf e;date of execution of= fhis,A reement, -.. - -- - ..._pursuant_to,_Section 28:r 133 Florida- S' tatutes : �_._�_ -- 1. -. -. ------- -..___ -------- ,.------ _.. - -. -- _---- - - - - -- The Construction Manager: acknowledges - and agrees that the City is relying on, these representations and. covenants as .-a material inducement :to enter - into. this Agreement: ARTICLE 111 THE CONSTRUCTION MANAGER SERVICES 14 GMP' Amendment The- parties are entering intothis Agreementbefore Contract Documents are sufficiently complete to_establishihe GMP; therefore it is anticipated that one or :'more GMP Amendments will be executed to establish the,GM'P and incorporate subsequentdocu'ments that`fully describe the scope the. included `inthe GMR. Each such.Contract Amendmment " and additional Contract Documents shall become a part of this Agreement as if fully-setforth herein. The GMP for the Project must be established no laterthan 2007, (See Attached Schedule in Exhibit ll) after'issuance of an-initial' Notice to Proceed by the City - pursuant to this Agreement; otherwise, this Agreement shall terminate pursuant to Article Vl` herein. The City anticipates that the Project will be..phased and that each phase., as set forth below,,will require a separate GMP , Ameridmenf: The total GMP Amendments will.cornprise the :entire Project: Phase ,1.A: 'Entry Addition. Elevator and Plaza Phase 113 Convert Old Ice Rink to Multi Purpose Room Phase Two: First.Floor Renovations Phase Three: Second Floor Renovations Phase Four: New - Parking Other Site Work Phase. Five: New Play.Area and - Goff C'o`urse Starter . : . Phase Six: New Pool Managers .Office . ,3 :2 _- TleServ�ces:,of tfle Construction Manager shall.�nclude,_.but are not.li ited to, in_:.those. described or specified__ -herein The .Services described: herein shall not be deemed fo constitute: "a comprehensive :specification having the - effect of exeludingseryices_� specifically: mentioned. _:The - Constructioon Manager's_Services shall_include,. without__ limtation ofahe Rreconstruction Services set'forth m this Agreement:and, upon approval by the City of he GMPand as conterr%plated in - the GMP AmendiYient (or Amendments), and: such. other, ;am endrnent(s)- a fo fx and . describe the parties' respective rights -and .responsibilities with ..respect to -t}ie W ork-and .the. Project :all of. the - Cori'struction.Services :re ' urredto eom�- lete the Work�n strict accordance with the C' — g, p ct Documents, and todehver --- -- - -- -- fhe ,l?rolect=to_ the City = bofovi the GMP when °established! ano within- the - Contract time - 3.3 ` Pre = Construction. Services - ' 3.3.1.. Generally The Construction Manager shall review Project requ remenfs existing on site and off -situ development ;su `veys7 and` preliminary budget, and make recommendations to the City for revisions. The ,- Construction - _Manager . shall "prepare -a preliminary Project - Schedule_ in_.accordance with the.. Contract Documents_ and i coordination_ w ith - -th Ci, „and the_ ArchitectEn i n eer identi : n . _teases _cr_ticai._ at h — __.—__ —. activities,, and critical duties of each of the Project team members The Construction Manager shall, at each remaining designi phase (i.e. design development', 30% , 60 % and 1.00% construction document) review the plans and advise: the City and the Aechitect/Engineer regarding the constructability of the .design , and of any errors;. omissions, or conflicts it'di,scovers': The Construction Manager shall: prepare an outline -of proposed bid' packages and detailed. cost- estimates; and advise: the City regarding. trends in the construction.-and labor 'markets that..may affect the price o'r�schedule of the Project: The Construction Manager shall attend all Project related meetings. The Construction Man ager's ,Preconstruction Services shall be provided and the City shall conipensate Construction Manager for such services based upon. a fixed fee, in the amount. of $75,000 representing the Construction Managers Fee. At the conclusion of the Preconstruction Services, the: Construction Manager s1 hall, without, assuming ther duties of the- Architect/Engineer; warrantto the City, that,the plans, specifications and other Contract. Documents are consistent, practical, feasible and constructible, and that the Project is constructible within the: contract time. 10 ARTICLE IV DUTIES RESPONSIBILITIES The CM shall perform the following responsE bilitiessnd duties:, 4..1_ All CM: procedures;. recommendations, - .documentation, record .retention, etc. fast conform to the. Project. requirements including applicable sections of the City`s procedures, Architect..and Engineers procedural manual; master specifications; .general conditio 1 of the Construction Agreement; ,(and other); applicable codes, regulations and procedures - that - may be required 'at the State, County, City or ariy.agency, utili y .or similar governmental, entity:. 4 .`1::1. Develop; for,C. ap royal andJor full,com liance,b _CM,_of - a Pro'ects ecific. rocedu "res ma ival= detailin the -- - ty P y 1 p..._ p. :._.. g entire Project.- Drocess including at minimum the,fol!owing a ,- _. __ Exhibit.i GMPAmendment ,.Exhibit If Schedule ,Exhibit 111 Declaration Exhibit IV - T ( _.. ) ) (Sworn Statement Section 287.1.33(3j(ajFS` on. Public Entity Crimes; ';Exhibit V ;(Qu Exhibit Vl (Insurance Checkli t); Exhibit UII (ALE Agreement), Exhibf - VIII - :(General Conditions of the- Construction Con tracO, Exhibit- -(X (Best Value Amendment); Exhibit X. (Qualification Submittal Documents);and this Agreement:. b } -. Construction ccordinati'on,- schedulin communication and documentationp _g - am ongthe Y CM, ; the Architect/ Engineer, subcontractor (s):,subconsultant(s),and other departments or ;organizations who require coordination ;with and/or input into the . Work:. c} - Project reports (monthly) --------------__ -__._----._.. _.�------- __--- _— .�_T___._.�. -- e)` Contract-Amendment(s) process. f }: Shop Drawing submittal. 'g)' Project closeout: Said{ procedures manualJo b e presented, no later than with. first application for paym 4 Coordination and Scheduling 4.2:1 Coordination with A/E In;providing the Construction Managers, services described in this Agreement, the CM - shalt maintain a working re lations h ipi with the Arch itect/Engineer_ However., nothing in thisAgreement.shail be construed to meanthat.the CM- - assumes anyof'the responsibilities orduties of the :AVE. The CM shalL.b.e solely responsible forconsiructon means, methods, techniques, sequence and procedures used in the-construction of the:Project and -for the safety of its personnels property, and its operations for pe f6rmi_ng in. accordance with the CM`s.Agreernent wit h<the.City. The AYE is responsible for the requirementsofthe Project as indicated in, the Agreement between the City and the. A/E. The. CM's services shall be. rendered ; compatibly: and in cooperation with the A/E's services to the:City. It is not.intended that the services. of the AIE-:and. the CM b e , competitive or d'uplicatv.e, but rather be complimentary,. - 11 42:2 : Scheduling :- The CM shall meet immediately upon execution of this Agreement with the Architect/Engineer `and City representatives to review the A/E Agreement (.final) and the Pro1ecf as referenced in Scheduie D of the AE Agreement. The CMS shall. ensure that the parties jointly review, modify as necessary and agree to a single de ign to be called the revised most - current Schedule to the.A/E Agreement. This scheduule shall be _ submitted to: the City with in: fourteen, (14) days.of execution of this Agreement: Should the parties.not I�e able to reach:final;agreernenton a revised schedule for purposes.of the.Project, which includes) a schedule for- all 'CM services,. which the CM'believe&-to 'be fair;, reasonable, and: in th best.interest of the Project: The Cityshal{ - then. determine what schedule is to be utilized; and the Citys-decisfon with regard_to same shall. be final. and . oinding- uponahe; parties:_ 4.3 _ - Design Phase - __...:__._ Review of'Design:Documents -Th;e CM shall;review.the tles�gn documents and,make= recornmendat to. =- - -- the'Gity'a:nd tothe A/E a�s to co�nstructability, cost; sequen 'ing',.scheduling, and,.the tirrie:of construction, °as >to clarity, consistency coordination :of documentation: The.recommehdatrons r' 'Itmg'from'such: review will _ - - - - be provided to the City and A/E m writing and notations on the design documents ThEs review and`'the accompanying writing notations shal('be submitted with the documents'for review by the City,at:each;Phase of noaed in:the -NE Agreement (Exhibit Vll').___ 4 3' .2 __The�CM, `as a result of the _ above noted_ _ review_of the_ des_i tlocuments__ ' and __ recommendations provided. the City, shall utilize.its.best efforts.to assure the: oordination -of drawings with: the written specifications. This includes but is not limited to, the CM's-review,.of the construction - documents in _ coordination. the = =drawing : and specifications themselves, with the -- existing building arid` sites to ensure- - _. proper- coordipation nd _constructabifityapd lack. -of- conflict; =and to ,'minimize- unforeseen- condifions: The CM - - -- - -- -- shall, during - this : phase, be responsible for the properidentification. and location of all' utes, service es and other underground facilities viihich .may impact the Project. T, C M: specifically agcees.'that no :contract Amendments shall be requested by the CM or" .considered by the City for reasons involving conflicts in, the: f documents, questions of ' clarity with regard to documents, iiicompattti lity, or conflicts between the documents' and laws the existing,.conditions, utilities, and unforeseen underground conditions. 4:3:3 Preliminary Sched'Uling - The CM will submit to the Architect/Engineer for- comment and. to the City for approval a proposed. schedule for the Project atthe tine the 6Q desigri.documenfs are to be submitted to the Cityfor, review. That schedule shall include such bid and construction activities as well as reasonably outline the approach the CM ; intends to take for the Project. This requirement is in addition to any other:scheduling requirements: which may be contained in th.e- contract: documents and shall be' compatible with same.. The CM. shall include in the above -noted schedu {e a proposed construction sequencing plan for the Work. 4.3..4 Estimating and Cost Control The CM-shall prepare detailed: cost estimates: and updates throughout the .Design Phase leading up to the bidding phase of the Project. The CM'shal[submit same with the submittal of each Phase of d esign review in accordance with the most current A/E Agreement and at such, other times as it may`,be requested by the City. The estimates by the CM shall: show the estimated amount of the G They 1� i _ shall; be in such detail asJhe City may require ; .and shall not exceed'the construction budgefof $3,960,000. a) . Should th.e CM's estimated GMP exceed the Budget; the CM shall include with said estimate written suggestions for bring ing the Project within Budget. The C at its - sole option, may ,adjust. the Budget or, j - ay._direct the CM fo coordinate with the.._ _. Architect Engineer to 'reduce the estimated: cost of the Project through Value Engineering, re= design .by the Arch itect(Engrneer, re- estimating, :o.btain additional pricing scope, reduction and %or other at no costto the City; or it may :choose to continue under subparagraph (b) belo- . w: , b)-_ _ _ The;City shall determine,_ after receipt and review of.each :estimate ; 'whether the CM shall continue to perform the; services of the Agreement without'.requiring adtm Jusent 7­ __ of.the._mostcurrent CMestimated GMP --- The_City may, at -its sole option, determine o - -- proceed with `the. Project without Budget .adiJ ustmeht, or any other change ,to, the Project. This shall in no way obligate the City to :accept the CM`.s 'GMP :Proposal whether ornot it -is within 'the estimate oc whether or not it is wit the Budget The - City it this cases may rejed the GMP at its sole' discretion ,and =proceed to; _--__.__-----.---_- .:__r_..�_____.__.------ - -. - -- exercise ifs options as identified in this-Agreement - c The'.CM' and A/E shall adviser City- immediatel when the -/E or CM estimate _ exceeds the con structionbudget, 4.3.5 General Coordination The,CM shall coordinate with and:Include activities in both the: sched'ule.referred to in - this:Section and other schedules;re uired in theContracf Docume'nts.fhe.work.ofconsul tants..'testina; labs; -and _ consultants _employed_by_the_City as:_well_as the_reviews_r_equired_by the- City_and other - agencies and_the.._. Arch itect/Engineer. -- _ _- 4,3.6 Permits and Fees - The-CM Will responsible for:coordinating4ith the Archite:ct%Engineer the submittal of all' required documents. for permits,. CM be responsible for obtaining any and all perm fs and paying any and all related'fees for the: Work. The City shall not pay'the CM any additional sums beyond the Preconstruction Services Fee and the GMP for these services;. Fees for building permits issued' by the City' of Miami Beach -shall'. be. waived. Fees for other permits. shall be the responsibility of the CM. 4.3.7 Design Services - N/A_ 4.3.8 Memorandum of Chanqes -=The CM shall submit to the Owner the. CM "s Memorandum; of .Changes in- sufficient time a.nd. as scheduled so it`may be reviewed by the A/E and the, City against` the Contract: Documents 'and any- corrections, mod, ifications, additions or changes be incorporated prior to commencing: the Bid` and Award Phase. Theo Mernbrand of Changes; shall include a. summary of all recommendations made the: CM` in fulfilling the CM s duties with regard to the Contract :Documents. The CM shall identify any recommendations not incorporated intothe documer►ts. The_City shall either direct that same be incorporated or explain in writing why the recommendation is rejected:. 13 s } 44 Bid. and Award Phase 4 4.1_ Pregualification - The CM, shall 'prepare' a .subcontractor's prequalification plait iin compliance with. the requirements 'currently determined tiythe City. `The CM shall subrnit'`to the City the CM's list of pre.ap Subcohtractors for.each element of the W6rk..to be subcontracted bV the CM;. This list ; shall be de reI' d`.by the execution ,by.the CM of the subcontracto.r's pre:qualification:.-plan.noted above.. The City reseivesahe right o reject any subcontractor proposed for anybid` to beconsidered byahe CM: Any claims, otijections;or tlis'putes arisin out_ofi the " re ualifrcat►on plan or list are: the res onsib�li of the CIVI The CM shall hold harmless, indemnify, and, defend the Gty'; its employees - agents, antl representatives n any matter arising -out of -the` - pr .1i ual fcation plan,and /or the'subcontractor's list, except Where._e,s6 a cause of the matter is a City directed - decision - - - - -- - . - -- - - 4 4 2 Scopeof Wor k The CM shall receive subcontract proposals wh*ch, Whencom inetl with the work the:CM intentls to do with its own forces, shall represent the entirety of theScope of 1Nork required of this:A reement. - - - --- -- - -- - - -- 4 4.3: Pre -Bid Conferences The CM shall schedule and contluct pre =bid confereneesofor ubcontractocs and the - CityJ6 ensure:ahe availability:of.such subcontractors mateciaCsuppliers etc. for this.pre- bicl,conference_: 'The . CM shall be solely responsible:forthe content:.of the pre. bid conference: 4 4.4 Sabcontract Bidding The CM_shall- schedule coor dination wtth_the Arch itectl : E nq i nee r-and the City. the_. acceptance r and award of the bids to qualified responsive and responsible: Subcontractors. Said; bids from subcontractors. shall 'be in writing and.'shal(be opened' and reviewed with the Arc hit ect/Engineer and the _. __ ._ __ City prior to award by tfle - .___._ -4:5­- =_ - Guaranteed - Maximum- Price - - - -- - -- -- - -- --- - - - - -- . - -- - - - -- - - - - -- - - - -- -_ - -- --- - - -�__ 4 5 '!; Calculation /Negotiation of the Guaranteed Maximum Price- After taking', 'reviewing. and: identifying the lowest acceptable bitls from .responsive and responsible subcontractors,; the CM shall propose to the City a- Guaranteed Maximum P(ice; which shall be the sum .of the propo ed subcontracts: the' W's General Conditions I ncluding any fee', profit, overhead: and all .like amounts) and the agreed upon: Contingency:. The Guaranteed Maximum Price shall.be the full and�.complete:amourtt.forwhich the CM agrees t- go forward-from: thO,receipt of.subcontract ;bids; to, the full :completion of the Project. 4.51 Acceptance of GMP - ; Upon acceptsnce:and execution of the GMP Proposal by the City,; the CM shall: enter into subcontract agreements with the.subcontractoes selected "r -the amounts included in the GIVIP`Proposal for that su.bcohtract work,. and.shall function as a General Contractor and compl with the Contract Documents accordi.ngly.With regard to'the Well as a-Construction Managerwith regard to other'services required by the Contract, Documents. 4.6 Time -of Performance _ .6.1 Conformance -with Approved Schedule- The`.CM. shall perform al!`the dutie. &required by this Agreement.in such a way and time. as to conform - to the most: current Schedule "D" of the A%E Agreement: 4.6.2 Review -and Acceptance of Schedule In executing,the Agreement, the CM acknowledges specifically that - the 1. ` :CM has. reviewed the most' current Schedule "D" of. the A/E Agreement, has.given any necessary input.ta.the l City regarding any need- to that- schedule to accommodate the CM at Risk process; and: shall not kae entitled to additional time or money in order to conform the CM services to. that schedule: 4.6.3- Preparation and Delivery of the CM at Risk.Sched'ule- Within fourfeen (14) days of the effectmve' date. of this: Agreement the. CM shat( present to - the. City a schedule for. the' CM's duties, deliverables; and requirements• showing the start and completion of design_ phase activities'to be performed''by.fh6CK This schedule shall be: in conformance with the most: current Schedule "D" Fthe A/E. Agreement. PAYMENT - BREAKDOWN -._..- PRE = CONSTRUCTION, SERVICES. 1'•: Design.Revmew,, C. onstructabmlmty& Value Engineering. 10 2= Review ofLOn -site & - Off -site Conditions` - - - -. = - — - -- - -- -- j:3'- . Cost Estimating & b$ Controls - _ . - 82 - - -- — - -- - - - -- - - - - -- - - - - - - -- $32 5 Biddmng (GMP Submittal. &. Negotiations) 7 7 S 1 - B _. — .. - - -- 6.-- eui (de r= License - - - - -- - - -- - -- -- - - -.._ _. _.. - - -.- --- - = - - -- -- - _ _— _ - — -- -- - - - - -.: - $G 7. Contingency $75.00.0 8.. TOTAL PRE - CONSTRUCTION SERVICES FEE 4.7.1 Application for Payment Submittal - '.'The'. CM shall' submit monthly .'an application for payment `for the proportional amount of the 'F'recornsfruction. Services: Fee wlicl shall be determined by dividing the Preconstruction Services Fee by the number of months from the effective date of this Agreement the scheduled submittal ' of the GMP p.'roposal by the: M. Delays the schedule shall.result in re- calculation .of the monthly application amount by dividing the:amount of Preconstruction .:Services -Fee remaining by the number of ;months currently remaining until the first submittal of'GMP Proposal. 4.7.2' Time Extensions - In.the event the performance of the CMJ& delayed by reasons outsidethe Ms. control, the CM shall request in writing an extension of -time for the contract requirements of this Agreement. Said requesit for extension shall include_ a proposed revised schedule and documentation as to the cause. of the delay. The I CM's,sole remedy for delays which: impact the time of performance of this Rgreementahall b.e aaime extension. No damages fordelay shall- accrueto the benefit of the CM:as a result of -any delays to,the:.performance of this Agreem nt. Specifically, the CM agrees that the failure of the Architect/Engineer to maintain the design sche'dul'e shall be non- co mpensable to the CM and CM's sole remedy shall be an extension ::of-time.- 4.7:3 Extra Services Should the CM be .requested.or required bythe City to provide services which <. he CM believes are outside. and/or in addition to the scope of this Agreement the CM shall within five (5 days Of requested to perform such services; notifythe.City inwriting.of the CM's opinion that they are extra services to this Agreement, th&reason the. CM believes they are outside the scope of_this Agreement; and the.proposed w costs and time_iMpact,,: f:any for the.performance.of`same The may d eect.the CM;mto proceed with such _ services pending' a fina' Lde'termination, as to the - compensation ( suett case, the :_M's .night to consideration shalt not:be.waived_ by proceeding as directed:,,__.:. 4.8 City's Ri-6ht to Require-bocumentation and Audit The. City may, a deem ed - necessa.ry; requYireFfrom the CM support andlor documentation for any submission.; - - -Upon: execution of 'the Agreement, the CM a gees that the Ci . - , g ty shall Have urirestu e ctd,access duel "ng normal';• - T - working hours:to all CM's records relating to this proiett including hard copy -as well as.electronic records fora - pen otl of 1hree years after final completion: - - - -- — ARTICLE1/ _ GMP PROPOSAL AND ACCEPTANCEIREJECTION -5:1, SubcontractBids The CM shall `:open- ubcontract bids from -the pre = approved list of potential subcontractors at a.time and:place -- - - .- .-= _ - - - - -. -. - -- - - - - - -- ----- sckieduled= with the- City's- Project Coordinator- and` such- other- City Representatives in- attendance- a) The CM.. shall provide a summation and'- arialysis.of the apparent low-subcontract bids including thejden f ity of any. apparent low` s ub - contract bidders which. the CM does not wish to employ,. Such identification and. proposaf of-- non. = utilization by the CM' shall require specific written reason for same.r 5:2 CM Fee, Prof it,'General'lConditions, Contingency The CM shall propose the amount. to be included in the GMP for the Construction Manager's General Conditions costs and.,the Contingency as defined herein:. 5.3� The sum of the totals of the two above paragraphs shall.comprise the proposed GMP for the Project - and shall: form the basis of negotiaticns , between: the CM and the City: a) . The .City shall Piave the option of accepting or. rejecting °the GMP as presented by the CM.. Should: the GMP be accepted, the GM'P Amendment. reflecting that acceptance will be. executed and the Contract Price increased. 6y the GMP amount. Should "the GMP not be accepted;.the City may; at its option; i) Reject'the GMP and direct the Arch itect /Engineerand CMtoOnvestigate; redesign develop for City approval value engineering possibilities, and other- cost savings and to re- submit.a new, lesser:- proposed GMP. This may at the City's option include reduction in scope: All to be done at no additional cost to be City_ ii). Reject the GMP; -take possession of the' plans .and specifications;. and bid the work to a Generaltoniractor or otherwise•complete w ith otherforces;or take such acfion, ifany; that the City may determine: is. in its best interest. In this event-, the CM sh'alI not. ; perform: nor. be:; , compensated for,- anyservices on the::Proje'ct beyond. the agreed Construction Managers;'Fee herein., in the event any option under this subparagraph is.- chosen; by the: City the obligated to it mediately.turnover to the-'.City-all plans, specifications,and other project related documentation; iii) If and when accepted by,the City, the .GMP shall be formalized by the execution of the. G:MP Amendment "(Exhibit._!).._.. iv) The City :shall :.determine;; after each negotiation session; unless agreement is reached furih.6 "_ 6egotiations _are, ;warranted. If .not,_ the__negotiations shall be declared`. not to be - - -- uccessful and the; City sha11 take possession and;ownerslip of all documents produced for the ( Desig n and Bid: Phase, pay the.CM ;any remaining undisputed Construction Manager's Fee and' - ' — teed underthe requirements: noted.underah`is paragraph,. and -the City and CNf - shall be'rriutually released from.any`further obligation each to the other: The City- S hall - no "obligation to accept the GMP: ProposaC of the CM regardless of that - v Proposals' relationship:to the Budget orthe - mos currenf estimate or for any other reason. - ARTICLE VI TERMINATION :.. 6:1 :. Termination for Cause - _ _._- -_.___— _-- _____ - - -_ T-he_City_may_terminate this Agreement for. -cause in -the -- event - that - the- CM.( - violates.- any = provisions- ofAhis---- _1_.__ -- -,- 'AgreeMentorperforms same in bad: faith; :or (2)' unreasonably' delays the performbnceof the , Services, and'CM fails, to cure same within thirty (8.6)' days foHoW notice 'to CM. In `that eVent,.such termination shall' become effeetive,opon seven.(7.) days written notice to CM. 6 1,1 In the event this Agreement, is terminated : by Ahe City for cause; the :City, 'at its: sole option and discretion -, may take over the Services and complete them by contracting with an'otk er CM or`otherwise. In such event, the CM shall be Liable to the City for any additional cost. incurred .by the City due to such termination: "Additional" Cost" it. as the difference between the :actual., cost of completion of such incomplete services, and the of completion of such Services which would have, resulted from payments to :the CM { hereunder had`, the: Agreement not been terminated 2 Payment only for .-Services satisfactorily performed by the CM and accepted. bythe City prior to receipt; of.a Notice of-Termination for Cause, shall be made in accordance with this Article 6 :herein and the City. shall 4 have no further liability for;compensation,.'expenses or fees to the CM. 6-A. 3 Upon receipt of a written Notice. of. Termination, the CM shall' promptly assembie submitto 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; 6..1:...4 In the event of a termination for cause, no payments to the CM shall be made ( - 1) for Services not satisfactorily performed., as same shall be determined at the City`'s option and discretion; and (2) for assembly of:5ubr litt of.do.cUmentS, as provided above. 6:2 Termination for Convenience " The City; in addition to-the. rights and' options to. for Cause;. as set forth above, or any other provisions :set .forth in this Agreement,, retains;-the right to: terminate this Agreement at its,sole option,.:at Any tine for convenience without cause: andwithoutpenalty, when in °its sole discretion it- deems; such;tern1ination- is..in the .best: interest of the City: .upon -notice to CM, in writing fourteen. (14) days prior to y - -_ _6.2`:1_- _In the event the 'City- terminates :the.CM's:services_ for- its convenience as provided herein,.th'e CM.shall - - - -:- =- t e compensated fbr all rendered u to €he Time of receipt -of said written termination notice and for the, assembly a'ndsubmittal_.to the...City_of documents . for_the Serv,ices.peiformed,.in- `accordance with Article - -- he'rein, and th e hall have no further - liability for compensation ,expenses or feesAo - the CM -, except'as set forth, n .this Article 6.: 6:3 Termination by CM _. - -- - - -- The CM mayonly terminate this - Agreement forcause in t heeven tthat'the City willfully violates -any p rovisions; of this Agreement- or- �unreasonabl - vdela s - a ment foratie antl ha "s.fai(etl to cure same within thi (30) days following written notice from the CM 'in that event; CM ma terminate this A reement u on written. " notice , .to the -City, which termination shall become effective thirty (3Q).4ays from the;date of said.Not ce. ln, -that event payment for- Services satisfactorily performed prior to the- d ate: of termination shall be -made in - accordance with .this - Article 6 - 6.3'.. -1 �. The_CM_shall_ have_no_right: to terminate_this Agre.ement;for -- convenience -of the-CM`.______ -____ 6.4 implementation ofTermination In t he event of termination,,, either or` c a use' or - for convenience, the CM ,, upon receipt -of the n otice `of termination, shall,(1) :stop.the performance of Services under this Agreement on the date and to the e xtent specified in the Notice' of Termination; (2) place no further. orders or subcontracts except for any that.mayb ' authorized, in writing, by the City prior to their occurrence; (3) ferrninate -all orders and su bcontracts to the extent.that relate to the performance of the Services terminated by the Notice, Termination- (4): promptly assemble and submit as provided .herein, .all documents for the :services performed, including drawings, calculations specifications correspondence, and all other materials affected by the - termination; and (5) complete performance of any Services as shalt: not have been terminated' by the Notice,of T.errrriination and as. specifically- set forth. therein. 6.5 Non - solicitation The CU warrants that it has not`employed or retained anycompany or person, other than an;ernployee working solely for the CM, to solicit or secure this Agreement; and that it. has riot 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 thiswarranty „the City has the ri'ohtto terminate this Agreement without r liability to; the CM for reason whatsoever ARTICLEVII INDEMNIFICATION _ 7:t CM shall, at -al( times hereafter, indem`nify,.hold harmless and: defend ;the.City,.,ts;agents,servants and__ employees from and against'any :claim, dermand or cause: of.action of any kind orn'ature a�isirig out. of the negligent act, error, or omissiori. of CM, its agents, servants or employees iri the performance of services,under this Agreement Ln the event that - -CM. abandons -this - Agreement_or causes t - to; be terminated' by City, . -C.M -shall - - - - indemnify, hold harmless and defend the City,'its.agents, servants andernployees against any loss pertaining . to such: termination: - - _ -- - - - v -- 7 3' CM hereby affirms that it shall be responsible:'for the acts - ; errors antl; orn'issions of its Subcontractors - - -- - - - and itshall indemnify, defend :and save harmless thel City its agents servants and:employees from_any.and all- - claims by third parties Hich may arise on;account of ervices. rendered by.CM's 'Subcontractors*. - - 7 4;. T provisions of this Section shall survive ti e ex ration or earlier termi_'26 h. of this A reem_ent _ _ _ _ _. ARTICLE VIII _ ... IUItSCELLANEOUS -.- Ownership- of'Documents - -- All finished or unfinished"documerits, data, studies,`surveys, drawings, maps, hodels,, photographs and reports; prepared or provided by CM. in connection with this Agreement shall become the property -of the:City,.'and shall be delivered by CM- within ten. (10) days after receipt of written notice. Any re= use 'of documents by City Without written verification or adaptationby CM for the specific purpose intended will be. without iiabi.lity to CM. &2: Records CM shall. keep p such records and: accounts and require any and all CM and Subcontractors 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 I?roject, and any expenses for which CM expects to be reimbursed. ,All books and: records relative to the Project_ will :be available at all re8sona6le`times for examination and audit by City and shall b kept fo a:period of,t (3) years after the:completion of all work to be performed,pursuantto 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': recordswhich are considered public:records shall, pursuant to Chapter"! 1.9, Florida. Statutes, be kept by CM.,in accordance with such statutes. 8.3: Equal Opportunity Employment 8.3.1 CM agrees- that it will not discriminate against any employee or applicant for employment for work 19 under this Agreement:because of race- :color, religion, sex,;age, national origin, dsability.orsexuaf'onentation. and . will: take:,affirn ative: =steps° to ensure that applicants are employed :and employees are - treated during employment without 'regard`to sexual orientation,, race color,.. religion,- sex, age, national, origin, or disability This provision shall` include but not.;be limited to, the following: empl oyment upgrading, demotion -or tra n sfer; recru(tment advertising layoff or,compensation; and. selection forr training, including. apprenticeships: CM agrees to furnish Cify with a>.copy of its, Affirmative.Aetion Policy: B.4 Public Entity'Cri nes.Act - 'In. accordance: with the Public Entity, Crimes Act (Section 287 13 `, Fbrida Statutes), a person or affiliate who :is -a CM,_who.has been placed .on he convicted vendor list ollowing,a convictio'for °a public entity crime may not . - submit.a bid,,on a contract provide any goods or services: to t City; may•notsubmit a bid on a contractwith _.._ the:City'forahe construction or- repair of a public-building orpublic work, may not bid on leases of real property - to the City,, may not: be awarded °orperfocrn work as a CM > suppfer, subcontractor, or subcontractor under'a c -with the City; and.may °nottransact lousiness w ith t he City in of thethreshold amount prov in.Section:287.017, Florida Stat Two:for a period of 36 months from the date ;of be rt laced - g p- . . on: he convicted uendor list . Violation of this Section by CM -shall resu1t:in cancellation and may result in C,M'_s - - - 8:5 No Contingent. Fee CM warrants that it has not employed or retained any company or p.erson,, other than a bona fide.erpployee working; solely for CM, to, solicit:or'secure.fhis Agreement and-that.it has not paid cragreed to payany person, com pan ,, cor oration, individual or. firm. other. than a, bona fide_erri 10 ee workin p Y P p Y g solely= for =CM' any -fee, �. nt age,, gift ;_or.other_consideration_cont I i ngent -upon or:resulting from- f he-award ;or -makin of. - -� -th'is 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 ahe contract price; or otherwise; recover; he full; :amount of such fee commission percentage gift or consideration. _ Assignment _ This Agreement; or any 'interest herein, sfiall'n "ot be assigned, transferred.or otherwise encumbered, by'CM' under any circumstances without the peiorwritten.co isent of City: 8.7 Insurance The CM shall comply throughout the term of this Agreement with the insurance requirements stipulated`h6r It is.agreed, by: the parties that the CM shall not commence with: work,on the Project until` satisfactory proof of the following. insurance' coverage has beers furnished to the: City.: The: Consultant.will maintain in effect the following insurance coverage:: (a). Comprehensive General Liabilit I'hsu'r'a' in'the.amount of $1,000,OOO.QO Single Limit Bodily Injury and Property Damage coverage for each occurrence, which:'will include OrodUdts,r completed operations, and contractual liability :coverage: The City must•be.narned as :-an additional insured on this policy: r; (b) Worker's compensation and employer.'s. liability coverage within th statutory'iimits. of the State of Florida: _ (c), Business. AutorriobiJe Liability Insurance with minimum limits of one million dollars($.1,000 000) per occurrence combined: for.- bodily injury liability and one million dollars :1,000 eroccurrence for _._ ._ _ P _ -. property damage liability..Coverage -must include owned`vehiclesand hired :non =owned vehicies. -City must be :named an additional insured m this `policy. 8.7:1 The Consultant mist give ?thirty. . (30:) days prior written notice of cancellation. ;or of substantial modifications in the insurance coverage, to, the Project Coordinator 8.7:2 CM shall. provide to Cify:aLbrtificate of Insurance: or._a copy of' insurance policies required: by_this - -_. _—_ Section. City:.reserves the right to require a- certified copy of such policies:_ upon request. AI( certificates =and endorsements: required herein shall- state_ that -Cit shal(- be avert. -thi _- q y g rty (30) days written. ;notice= prior to - expiration or` cancellation of the policy ..Should CM fail to qrrenew. the pol Gies of insurance: - referred to herein inthe :required amounts; the City may,,at its sole discretion, obtain such insurance, and.any =- .. .sums expended -by °the City in: obtaining same- shalkbe- repaid- by .CM to City, plus t6m.percent (10 %) of he = - aniount :of premiums paid` to. compensate City for its administrative costs.- If CM does .not repay City's _____ �_ ^� - - - -- �eXpendifures within'fifteen (15) days of demand; ° the - :total sum- ovred °shallLLaccrue i.nteresf at rate of twelve - - -_ e-rcent 12 er ear` until aid and such fai , -shall be dee med - an event of default hereunde p ( ) P Y p_. 8:8 All Prior. Agreements Superseded /Amendments T his docum incorporates.a'nd ihcludes all prior negotiations, 'correspondence; conversations, agreements _ __ - -- ., __ ._ .__ understandings -applicable :to the matters `contained herein; _ and - _the__ parties,. agree that` there are - no commitments_agreements or._undersiandin s_concernin. -_ the - ube jct- matte - this-.A r_eerr�ent: that. :are: :not- .-- ._- - -._ -_- . 9 9 J. 9. contained in thi's document. Accordingly; -the .parties agree that no deviation from the -terms 'hereof shall °be - predicated upon any prig representations or agreements whether oral' or written; It is further agreed that: no modification, amendment;or alteration in the terms or conditions contained herein shall. be effective unless contained in , :a written document executed with. the same formality and; of equal dignity herewith., l 8.9 Notices Whenever either party desires to give notice unto the other,, such; notice must b in "writing: sent b registered United States mail, return receipt requested, addressed to the party for whom it is: intended at the place last specified;, and the place for giving of notice-shall remain such until it shall have:.been changed by written notice in com pliance with the provisions of this paragraph. For the present, the parties designate the foliowingas.the respective places for giving of notice: � , : FOR CITY'OF MIAMI'BEACN' Jorge.- E..Chartrand Director Capital Improvement Projects Office City of Miami Beach _. - 1'700 Convention .C,enter Drive,, 4th Floor - Miami:'Beach,, Florida 33139 FOR CONSTRUCTION MANAGER: - - Vick S Crespm,' Vice President 9499 NE 2 "a, Avenue, Suite . 205: Miami`Shores; Flonda; °33138 Vllith - Copy To: Stephen H: Reisman . Pecker & Abramson. 1 Southeast.3` Avenue,-Suite Miamill Florida 33131 -- The Iang,uage of this Agreement has been agreed o by both.parties to ex 'ress_theirmutual intent` ar }d. no rule: of strict; construction shall be applied against either party hereto: The .headings contained in this'Agreement are for reference: purposes:only and shall not affect in,anyway the meani °ng;or'inte'rpretation -of this Agreement. All personal pronouns used in this Agreement; shall include the. plural,_and vice versa. unless .th6. context otherwise; requires. Term such,as herein," ":hereof; ""'hereunder," and "hereinafter'` referto this Agreement as a whole: and. not to any. particular sentence,. paragraph, or section where they appear, unless'., context' otherwise. re quires.. Whenever reference is made to a Section or .Art icle Qf t Ag such reference is to the Section or Article. as a whole includin1g all of'the subsections of such Section, unless the re'ference,is made t&-a' particular subsection or subparagraph Of such Section &-Article: 8. 1, Protection of Records CM shall protect.from harm.and' damage -all data, drawings, specifications,�designs models, photographs, reports; surveys and other data created: or provided in connection with this Agreement (collectively, City Property. ), while: such data and materials are in CK's possession.. Such duty may include but is not iimited to, making back -up copies of -all data stored by electronic device on any media, taking. reasonable .actions to i prevent damage by'impendmg :flood or storm (including, but not invited. to, the City Property to a • location ) and establishing and -enforcing such. security measures as'are'reasonabiy available, considenr g the` customary_ practice within CM's trade or possession: -812 Exhiibits.and Attachmerits (n. , the event of conflict between the. `term's :contains in this Agreement and the terms contained in any: of the documents` attached or incorporated Herein the of this Agreement shall c htrol and shall be given full. 'effect $ 13 Observance of Laws -- - - - - -- - - Throughouf the term -of this Agreement, the CM,shall :,keep fully - nforrrmed of all fe- decal; state and; local aws; - -: ordinances codes, rules, and regulations,;and all,orders anddecre.es of bodies or tr�blinals having jurisdiction: or-author t which in.an manner; -affect work - authorized under the terms of:this,A reerrie nt bn. .shall'further = - - = Y. Y.. g- take i nto'account aN knov±n pending changes to the foregoing of which itshou.ld be'reasonakily aware:,. TheCM shall atall times observe and comp(y.with alf s uch laws, ordinances, regulations, orders', acid decrees:. 8.14 Agreement.Severable No Waiver In the event any prov�sioi ofahis Agreement shall be held to be invalid. and unenforceable, -the remaining provisions- s,h;all be valid and binding upon.the parties. O.ne or morewaivers byeither party ;' any provision, , term, condition oF_cov_enant shall not�be construed by tte other party_as; =a waiver ofi_a subsequent breach of;the_ .s by :the other party:. 8.1:5 City's Owri Forces -- - - - - TKb Cjty�resen es the right to perform con traction and operations related to Elie Project wifh the City's own- - - ____._ forces and o- avrrard- contracts in. connection wifh the Project which- are not part =of the: CM's responsibilities - - = - =� - uriderthis Agreement. 8.1 GOVERNING LAW AND EXCLUSIVE- VENUE This Agreemeh'tshall be governed by and construed:.in accordance with, the laws:of the State of Faorida,`both substantive and remedial without regard to principles of conflict of laws.. The exciusive.venue for any litigation arising out ofthis Agreementshall be Miami: -Dade County..Florida, if instate court, and the U, District"Court. Southern 'District of Florida, if in federal .court: BY ENTERING INTO THIS AGREEMENT,, -C AN.D CITY EXPRESSLY WAIVE ANY RIGHTS EITHER `PARTY MAY HAVE TO A TRIAL BY JURY. OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUTOF, THIS AGREEMENT.' 8.17 Limitation of Liability 8.1,7.1 The City to :enter Into this Agreement only if in so doing. .-the City place a, limit bh:City,s liability for any'.cau.S,e.of'action for money' damag.eS due toan alleged breach bythe of. Agreement So ihatits liability for any such breach never exceeds the Fee` paid to CM herein less an "sums paid by the City_ CM hereby expresses its willingness.to enter into .this.,Agreement with CM's recovery from the Cify :for any da for breach of contract :to ~be limited to a.maximom the Fee paid to CM herein, Iess,:anysum's paid' by the City. 8.17:2 Accordingly, and notwithstanding.any otherterm or condition of this Agreement,. CM hereby agrees that the City, shall' not be liable t6 CM,for damages. in an amount in excess the Fee; paid fo the CM herein, less any sums. paid by: Elie City, for any action or claim for breach of contract - _ arising out the_ performance or non- performance of any obligations imposed upon the City by this Agreement. Nothing contained in this s'Ubparagraph. or efsewh - ere in this Agreeiimerat is in any' way intended- to be a waiver of the limitation placed upon City's. liability asset forth in' Section 768.28, Florida Statutes. {Remainder of this page Ieft intentionally blank). - -- . ITNESS'W. , REOF; the parties have set.tkieir hands and seals the day and'`year first above written. _ ATTE:ST;. _ �_ _ - -- _ _ ... _... THE. CITY OF=MIAMI::BEACH Robe "rt Parches, CityCiefk David Dermer, Mayor' ATTEST; KVQ Constructors, tnc _. Florida Contractor License:: CG CO22994 08 0013609 y y B. B . >;Katherine_Crespin;..- Secretary - -- __.._. __ ____ —._ Vick Crespin, Vice- President__:__._ - -__ Print Name - __ . . ___ _._ _ .__ - P'rmt Name _ 4 i EXHIBIT 1 "EKHIBIT I" TO CONSTRUCTi N MANAGER AT RISK AGREEMENT DRAFT GMP AMENDMENT THIS GMP.AMENDMENT; made and entered'into.as of this dayof , ('GMP Arriendment" ) amends that.certain Ag reernent,betw.een Owner, the CITY OF BEACH, FLORIDA (also, City) and Construction Manager, KVC CONSTRUCTORS INC , (hereinafter Construction Manager or CM), made as of: the day of ,for the following described Protect: Renovation of the Scott Rakow Youth Center 2700 Sherrclan Avenue, ;Miairri Beach, FLorrda " W R AS,. the Owner and the`Construction Mani have agreed to amend the Agreement n'# e manner set forth.herein THEREFORE, 4 -- consideration - -of -the mutual promises -and- covenants contained - herein -in - -the - - - - -- Agree -h 'and the other .Contract Docuri Brits: and for such other good - and.,valuable consideration -the receipt and - -- sufficiency -of .which is hereby acknowledged, the:Owner and "the. Construction Manager do hereby agree as follows: 1 This GMP Amendi-nent.is executed in connection. with and deemed b be -part of :the Agreement and the Contract Documents 1Nherever:the terms of this. GMP Amendment and the 'terms of the Contract Documents :are in co the t erns of this -GMP Amendment shall govern.and control. The terms used herein,, unless otherwise defined in this. GMP Amendment`: shall' have the meanings ascribed` to them in 'the-Contract Documents 2'. The following_ are. hereby incorporated into the Contract Documents and made part. thereof:. a. The drawings listed. on Attachment 1, attached` which drawings are made a part of the: Contract: Documents by this reference (the "Drawings "); and b. The specifications listed on Attachment II, attached hereto; -which specifications'are made..a: part of the. Contract Documents. by this reference (the "Specifications"); and C. Those docu listed on'Atta_chment III Add i.t onal, Contract Documents; attached hereto,. are .made a part of the. Contract. Docurents by this reference.. d. Those documents listed.. on Attachment IV, Construction Manager's Wage Schedule, attached hereto are: made a part -of the' Contract:Documents by this reference. Q_ The Scope, of the Work for the Project,, is hereby incorporated into the'Work. f. The date of Commencement for the construction -of Projectshail:be_ (the. "Date of Commencement" ).. _ g, The Construction.. Manager shall achieve Substantial.Completion of the Work for this Project no later than —. days from "the Date of Commencement (the ''Contract Time ", and final �o completion not later than days from the dateof'Substantial Completion. Failure to meet - either the Substantial Completion. or Final Completion dates shall, be a. breach of this. P Agreoment. rh _ - ,The City and_the. Construction Manager _acknowledge and agree that the City' will suffer damages if the Construction Manager fails.to achieve Substantial Completion of tte UVork for this Project,. on or before the expiration of the .Contract Time, which damages are .difficult, if not` impossible, to ascertain with any degree, of certainty. Accordingly if the Construction: Mans er failsio achieve 'Substantial'Completion of th_e Work for this Projecton - or before the' . 9 expiration- of.the Contract: Time liquidated:damages (which are riot:-intended.-as penalty) shall* be assessed'against the.Construction Manager in anamount to be calculated in :accordance: with the. Contract- bocuments, GMP'agreed for this Work ih this Exhibitas the basis. - y ` f the'Constructon Manager's failure to achieve; for calculation. This will occur °'by virtue o `Substantial Completion of theProaect,within the :Contract Time: - - -. - - - - - i' - -- The Guaranteed M aximum Price for the P roject; is hereby guarant eed by the Construction:- - - . I Managernot to exceed the °sum of (the, "Project GMP" ), based : upon the: l . described in C th °e ontracfDocumenfs, inc l:uding� but not limited - -- - - 7 to, the Drawings and:the Specifications, subi , oct­6nlv.t6ad ditions and deductions b " Amendments) or Construction Change Directive, a, provided In: the Contract _Di currents; , The G.MPI is more particularly itemized in the Schedule prepared in accordance'with - - - - the_terms.of the :Agreement, which Schedule of Values'is attached;`hereto and;made :a part of`.. he _ocumentsby_this.referen.ee.__ Included .in_the.Schedule.of_Values - and -specifically _-- ______.:�__ identified 'herein the Contirigency included in the Guaranteed.Maximum;Price is the amount of _ ; The Construction Manager shall provideCommercial General Liability Insurance. Automobile Li' ability: Lnsurance - Worker's Compensation lnsurance; and Builder's Risk [nsurance, in compliance with the provisions of Article R, I`nsurari and Bonds of the General Conditions of the Contract for Construction: k. The Construction Manager shall provide the.Public Construction Payment Bond and the Public Construction Performance and Guarantee. Bond, in compliance. with the provisions: of Article 11 Insurance and Bonds of the'General. Conditions of the Contract for Construction. I. By executing this GMP Amendment, the Construction Manager acknowledges that it has ascertained.all correctlocations for points.of connection for all utilities, if any, required for this Project:, and has identified; all clarifications and qualifications for.this Project, if'.any. The Construction Manager on' site management and supervisory personnel: for this Project shall be set forth herein, and incorporated as an exhibit to this Agreement. n. To the extent that the Owner has authorized the. Construction Manager, in writing,.to perform f the Work far. this Project with the Construction :Manager's own fo ".rtes the salary :and wage scpeduJe for the Construction - MariageC.s personnel performing such portion of, then Vllork, " > sgreed, upon by the :CiW and the Construction Manager, shall be set'forth :on Attach' e:nt IU., :attached. :hereto _antl .is rimade-a : art of- the :Contract :Document =b = this - reference._ :Th _ - -_ _.... , p s y The,-.- 1 Construction:Manager warrants.�an, represents thatthe`salary and-wagerschedule"includes the lowest: c "omparable market rates (including any and all benefits; contributions: and { insurance) that d the' Construction - Managerfor.comparab,lecontracts to other business and,indivdualsfor sirnilarservices, and_that such cafes are;not higher= than_fhe standard�paid;_:_._ _- for this.`Rr' 6d -- - - -- - -- - -- - - -- - - -.: o: The Construction schedule for this Proj ect is set forth on Attachment V; attached hereto, are . made a; part :hereof `by this- reference.- T P. Except as expressly :provided herein _above all of the' _terms, conditions, `coven'ants; agreements_ and understandings rcontained in the Contract Qocuments shall remain unchanged and in full force and effect; and the:same hereby expressly ratified and confirmed - by the :caner and Construction Manager: q. This Amendment rriay be executed 'in several counterparts of which shall be deemed an _original- but -al( of which shalCco.nstitute one-and the Sam e_ instrument IN WITNESS' WHEREOF the part, ie's have.affixed their signatures, effective on the:,date first Writtenabove. ..... -, _ - - : FOR CITY: - -- - - - - -_ _. _ __ _- CiTY:OF MIAMI:.BEACH;_ ATTEST. _ By .. ____.._ .- - - - - - - - - - -- - - - -- - - - Ci Clerk Ma or - . F `CONSTRUCTION : ^- KVC Coi steuctors -:Inc . MANAGER.AT= RISK: - Fi.orida :Conttactor. License Co- CO22994,QB- 4Q1360;9 ATTEST:. . By - _ - K h, Crepin, °Secretary` Vick Crespm, Vice Pi esident Print Name Pdnt.,Nar die h i ATTACHMENT f CONTRACT DOCUMENTS: THE.bRAVVI NGS`. r ^ ATTACHMENT 11�._ CQNTRACT DOCUMENTS. -_ THESPECIFICATIONS ATTACHMENT "Ill CONTRACT DOCUMENTS: _ "GENERAL AND 'SUPPLEMENTARY'.CO'NDITIONS: _ ATTACHMENTIV CONTRACT'DOCUMENTS - _ _ CONSTRUCTION.MANAGER'S WAGE-SC HEDULE - ATI'ACHM.ENT'V CONTRACT DOCUMENTS' Y CQNSTRUCTI;ON SCHEDULE._ -- i f r - EXHIBIT It SCHEDULE`; F , e - , t 1 t EXHIBIT II,1 :DECLARATION a EXHIBIT IV Svvdrn` " 8t "' atement Section 287.1;33(3 (a): FS on Pubt c En i y Cr,�mes t J:� j EXHIBI V QUESTI'ONNA[RE _ . EXHIBIT VI INSURANCE C,HECkLI'ST` I Y ,, 7 r EXHIBIT VII ALE AGREEMENT 4 c t r EXHIBIT [X BEST VALUE AMENDMENT MThe, Construction M`anag'er ageees'to abi.d`e. by- all the req'ui`red do'cumen, t ti of .the City's. Performance: - Information Procurement .System. -and submit weekly reports... I - 1 EXHIBIT 'X r PROPQSQL DOCUMENTS .r . - F \CAPI \SaI Project;I,nfolScott Rakow Phase 11 -BB KV.CWVC , ContractXVC -Pre Construction, Services_;Agreement SRYC P:H2_c INSURANCE REQU IRE MENTS ,AND.SWORNAFFIDAVITS Property vlanaaement'Fac,ilitv 37 - ScliedUle..,1 02;1 of , 7)0.1 1 - : Client#: 5761` x. ;: WOLFALV3 ACORD CERTIFICATE OF LIABILITY INSURANCE l ilo / 2011 'PRODUCER; THIS..CERTIFICATE.IS ISSUED'AS MATTER.OF• INFORMATION I$U Suncoast Insurance, Assoc !,ONLY-AND CONFERS NO RIGHTS- UP ON'THE CERTIFICATE ?A o.x 22668 HOLDER., THIS CERTIFICATE DOES NOT AMEND,EXTEND:OR, ALTERIHE.COVERAGE AFFORDED. BY T,HE' POLICIES- BELOW. Tam ,.F 33,622 - ,2668 813:'289 =5200 INSURERS• AFFORDING COVERAGE NAIL :0 INSURED . -C' A Travelers Property Cas -Co of'Am =25674 Wolfber. AI _� a- -- =_ • - - - . _ - : g- varez &'.Partners, Inc: - " INSURER$= 'Trave{ers:lndemnity Company 25658 - .1500 'San:Remo Ave.,: Suite 300 - INSURER C: T ravelers Casualty and Surety C,. .19038 Coral Gables FL 331:40, INSURER D: Catlin Specialty: ln'sucance Co 15989 [ INSURER : ,. COVERAGES, THE POLICIES .L'ISTED BELOW:HAVE BEEN, ISSUED TO :THE1NSURED NAMED _ ABOVE FOR THE POLICY!. PERIOD :INDICATED.,.NOTWITHSTANDING ANY REQUIREMENT, TERM OR-CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH'THIS CERTIFICATE REISSUED OR.... • _.. _ ." ,... `_, __• _ . "MAY:P-ERTAIN INSURANCE AFFORDED BY: THE POLICIES DESCRIBED HEREIN I&SUBJECT TO'ALL THE. TERMS EX U NS'AND .QNDITIONS:;OF SUCH _POl ICIES AGGREGATE _LIMITS"SHOWN MAY HAVE,.BEEN:REDUCED BY.,.P, I1 CLAIMS:... _.._ __ _ _ "__.._ __ _ __ _ - INSR DD' POLICY EFFECTIVE POLICY EXPIRATION' _ _- LTR' NSR TYPE OF INSURANCE " . POLICY.NUMBER'. , . DATE MMlDD = '.O ATE LIMITS.' �..'_._ A:.- ..._. GENERAL .LIABILITY- .- _- _.._.— .660821,61,314 --. —. ;' 10/26/10 - -- 1O/26I11 - EACH :OCCURRENCE - -- X eOtvtA3ERCU1t ;GENtkALLIABILIT>r. - - -.` -- - ; — - a1 000''000 _- - — - DAMAGE -TO RENT211 P F r cLaiius i 1AOE': 0 occtlR; ' MED;SxP (Any one person) $5,000, - - _- _.. PERSONAL S ADV INJURY S OOO GENERAL AGGREGATE:, 52 OOO' GEN L'AGGREGATELIMITAPPLIEStPER:: PROOLIOTS - COhIP /OP'AGG 52 OOO'OOO' PRO:- POLICY . - JECT A AUTOMOBILE`LIABILITY` 9A5277L234' 10[26110: 10 NGL = LR� - COA1$INEO SI .. IT S1`,Q00000 X ANY;AUT.O _.. _ Ica accident) ALL OWNED AUTOS: -- - -- O E (Per person),­ URY•` B DIG SCHEDUL..O AUTOS';. wy X HIRED AUTOS': ,X NOWOWNED AUTOS' _. . _ . _ _ . _ _ ... _ _ .. _. . . -_ Ter accident) • • - PROPERTY OAh {AGE , (Per accident)-- ,-._ - GARAGE'LIABILITY -_ -V - - - . AUT=NL-Y - EA ACCIDENT 5 ANYAUTO; _ ACC 5" ,OTHER THAN'-- AUTO`ONLY `AGG S B, EXCESS /UMBRELLA.LIABILITY CUP731OY773 1O /26I1Q. 10/26111 �CH4ecuRRENG S5 ' X. OCCUR �;C.L+lA1S °MADE; AGGREGATE S OOO "QOO S DEDUCTIBLE S X 'RETENTION. t10.000 _ S WC STATU- _ WORKERS COMPENSATION AND UB 73 10 Y411 10/27/'10' 10/ X OTH C c EMPLOYERS'. UABILITY ANY PROPRIETOPJPARTNERIEXECUTIVE L. EACH ACCIDENT s1 OFFtCERjME1dBER EXCLUDED ?, - 1-DISEASE - EA EMPLOYEE S1,000,000 if "yes;.desdribe uncle= SPECIAL PROVISIONS below' =.L: DISEASE =POLICY LIMIT; S1,000.000 :, U: OTHER Professional_: AED99909031:1 03/29/10 03/29/11 .$1,000,000. per claim, " Liability $3,000,00 aggr. DESCRIPTION OF OPERATIONS f LOCATIONS VEHICLES 1 EXCLUSIONS ADDED BY; ENDORSEMENT /.SPECIAL PROVISIONS= Professional. Liability is on.:a claims- made:and reported basis'. ' Project: .New Maintenance Facility for the Ciiy'of'Miami, Beach (Flamingo Park). CERTIFICATE HOLDER' CANCELLATION 10 Da s'for Non -Pa ment SHOULD ANY�OF THE ABOVE DESCRIBED POLICIES BE,CANCELLED BEFORE THE EXPIRATION • em Capita l mprOVenf Pro }acts Office DATE THEREOF THEl SSUING INSURER WILL ENDEAVOR TO.MAIL 1n DAYS WRITTEN Attn: Thais Viei R .A. NOTICE TO THE CERTIFICATE. HOLDER NAMED TO- THE' LEFT 'BUT,FAILURE TO DO. SO SHALL 1700 Conventions Center Drive IMPOSE NO OBLIGATION LIABILI UPON THE:INSURER;'ITS AGENTS OR M am l, FL '33 REPRESENTATIVES:, AUTHORIZED REPRESS TATIVE: - ACORD 25 (200 of. 2 #S300059/M281211: LWA o ACORD CORPORATION 1988 IMPORTANT If tl%e certificate holders an ;ADDITIONAL INSURED;, the: policy(ies) must be: endorsed: 'A statement° on: this certificate does not confer rights _to- the certificate bolder in` lieu of`such endorsemeiat(s). if SUBROGATION i 3 - IVED sub ect :to - the terms and conditions of `the of c certain of cies: may 1 P Y� P Y _ - `- -- - - - require ari endorsement - .A -statement" o,n this: ~ certificate does- not- 'confer rights to the` certifi cate ._.holder in: lieu of -'such: °endorsemeijt(s): DISCLAIMER The - Certificate of`Insurance on the reverse side of this form - _does not constitute a between a issuing ,insuref(s),, authorized ,representative, or. producer, the ,certificate holder nor does it - . -- - - - -- . -- = affirmatively, or negatively ,amend, -- extend or alter the coverage afforded by the policies listed thereon. _— - -- - -- -..- - - -- ACORD.2:5- S.(9001/08) 2 of 2 . #S300059/,M28'1211. W i J - ~t - K. '.- SWORN STATEMENT`UNDER.SECTION. 287 , FLO RIDA STATUTES ON PUBLIC ENTITY` l'i -fiS FORMMUS r i3E. SfGNED:AND SWORN `T,O IN TH = PRESENCE QF.P; NOTARY ?UI3LIC OR OTHER AUTHORIZED TO ADMINISTER. OATH:S':. - 1. This sworn statement is!submitted to 'C are; of :M are; Read? not name. or public entity] y. by PE -LPrint individ name, and itleL r - _ for WolkErcr .Panne - s not name d nt� submittin sworn P tY g statement whose busrness:raddress is .1 5.00 San Remo -A.ve. , Co_al Gable, FL 3'3146• r - �� LL bnd .if a " lieable its Federal cm to er.Ident "ificat�on Number FEIN is 59' 17'1309'2 If the . - ` - entity has,;no FEIN, include the Social Security Number or the_individual'.signing this. sworn rt - _ - W - .. statement; 1`: 1 understand that a "publicenfity crime as as defined _in Paragrailh 287.E 33(1)(g), Florida Statutes. - - means a�violation of;any state ,or federal. law by a'-person with respect: arid 'directly related tc the -- - transaction: of business with, any business with any public.entity or with,.an agency : or- political -any:-other-state. or;of the - United :- States,.includmg;: but not l►mted -tci any- btd -or- - - -- - - -- contract :tor goods or--services_to be= providad to . any -. ._public °entity or_an -, agency -.or -- political - - subdivision of a'ry other =`state,orof;the:United States and involving'antitrust, fraud, theft, bribery; °collusion,:racketeer�n conspiracy, or material misrepresentation - - -�- - - ^ - -- - - -- - -- - _ . _._ - - g _ 2 I understand that' convicted" or' "conviction" as defined in` paragraph 287:1'33(1 }(b); Florida Statutes. ' means a fnding''or guilt or a conviction of a public entity crime, with or without an adjudication oi,._gWlt,. in ariyJederal or state: trial court of record (elating to.'charges brough...'by mdictmentOi mation`afte,Ir y 1 1989; as a` result. ot'' a` juny'verdict,.nonjuryfrial,::or entryof a plea of: guilty ornoloeontendere. t _ 3. l understand that - 'ari "affiliate" as defined in Paragraph 87 1.33 (1 }(a), Florida Statutes, `(Weans:. f ' I} A predecessor;or successor of a person.coriV�cted` of a publ "e. entitycame;: or' C .-F 2)' An. entity, uridef the,control'.,of any natut I person Who is active in: the management of the r; entityand has been convicted' of a entity'crime. The term "affiliate" includes, those: officers „directors, executives, partners,:shareholders, nmployeas ,.merribers,.and:agentsvrho, are ;active in 'ttie management of an affiliate. T he ownership by one person 'of shares: constituting a contcoliing'interesf in an person, or” a pooling of.equipment or income among; persons'_* hert;:not for fair market value under`an`.arm's lerigth agr�'ment, shall be'a r prima facie caseahak :.one p:erson' controls :another. person. A ;person -who knoWingiy enters into ajoin,t venture vJith a, person Who has'been convicted of a- public, entity c ri «me-in :Florida; during the preceding '•36 months shali be considered an affiliate. r Januarr4-, 2CJD pFC.10,0 =1E' Cit } tv ani`8eaciz 24 Z2 r 4 5) i understand t hata" person "'asd'efn - ed in.P.aragraph 287;.133:(1)(6),., Statutes drneans . any::natural'person or- .entity organized under laves of anyatafe 6r' f.the: United States wifh. the legalpower to enter in &`a binding contract and which;'bids or applies to bid on`cbi*aicts for the provision _of good or services let a:`pub entity,' or which otherwise; transacts or lies to transact business with a public entity The term "person" `:includes those o fficers; P P directors executives,, partners, share,hoid'ers; employees,. i�nerh .., aggpts, who are active: in' m anag?menf of ani.e itity "8) Based oninTorrgation';and :,belief, the statement:which I have marked below is true in relation to; the entity submittmg:this swornstatoment. [Indic;ate which statement.applies ] Neither.the wentity :- submitting - __this =sworn statemenf nor any officers, directors; - executives, partners,--shareholders, employees, members,- oragerits who are active :in th;e' mania eriment "of the enti .. nor an affiliate of the entit has been :char ed with rand' - - - convicted of a public entity crime subsequent to ' 989. ,JUIy 1; 1 -- ------ - -° The entity submitting this worn statement; or one or;more ;of its offcers, directors - - "- - - -- : -- - - executives, sh' holdaers employees; .members or'agentswho are active :in rnanagemoeii of the 'entity; or „an affiliate- of_.the entity has been charged.,w ith_and (. !: convicted of =a,.' iblic:entity crime subsequent.to July 1 198,9 _ - t - - The entity_sutirnitl ng this sworn: statement; or one or more bf its, officers, directors, - - -- - - - -- - _ - :. _ -- - - - - executives, partners, shareholders, employees rriembers, or agents who are:activa n _: the rrianagement ofahe entity,, or an affiliate of the entity_has_ been charged with acid convicted. of a public, entity - crime.,subsequentao July J. '1989. However, there' has-- as q p g a :Hearing Officer of the State of Florida _ been a sub5e uent: pr before :Dwtsn- .of,Admmistratiir<e= Hearin g- sand the , final Order entered bythe heann "gOffcer -,. - deter ned that it - was. not m ,the,.public.'infQrest,to .place the entity submitting this sworn +statement on the convicted vendor list.: [attach a copy of the final order] [.UNDERSTAND THAT THE - SUBMISSION -OF THIS FORM -TO THE;CONTRACTING_OFFICER FOR,- THE__PUBLiC:ENTITY`1DENTIFIED K. PARAGRAPH 1-�(ONE) _ABOVE IS:_FOR r PUBLIC ENTITY ONLY AND, THAT THIS FORM` IS VALID THROUGH DECEMBER 31 0177HE' - - _� _CALENDAR`YEAR -IN WE ECH ITIS-FILED 1 LSO;UNDERSTAND THAT.I AM--REQUIRED -TO--= _. INFORM THE PUBLIC PRIOR'TO ENTERING INTO A CONTR CT IN:EXCESS:QF THE _ - r� . THRESHOLD 'AMOUNT PROVIDED' IN ;SECTION. 28 O DA ; STATUTES FOR. CATEGORY TWO ,OF ANY CHANG T.HE :INFORM [0 CON I ED THIS FORM � o" 1 si ature Sworn to and subscr(bsd before n! this =h` � day ;of F °bru' 200 s' Q X Personally known X. , O? .Produced dentifcation Notary Public- Sta,e =of :r! -da ....My commission expires . (Type of Identifcation) oDALis wioat_ x %sk P& ,; CommbD0813114; Expire s.811012012 Tbrida.Mo6iryAssn. nc (Phhted'iyped Qr.'stamp `E m siei ci•r�em : � afary Public); •�/ '/% 3anuar 4, 20 f0 ` y;af;ikilarni Beach 25 a.;32 G i SCHEDU.LE:, BEST VALUE AMENDMENT The :G;onsultanf agi^ees to °abide by all the required documentation of the City's Performance - Procurement System and submit the weekly reports: Pi-opec-tN,�-- i'vianaLemenr FacillIN" 8 'Schedule A, 0 j 1 page33` MehodolggYand Approach.- he V�tA.aeam recognizes that the key component for a successful 0 - roject ° is, a groupof professgna(s that __. _ are passionate. about the: City of Miami Beach, and understands tiiat the City is ::essertialfy a: product of;ifs - eo le and- herefore is forever chap in , d namic and "complex. We recogni' eIhat-the proposed projoct P P. g 9 y for;the RbpeRy lvlanagement`Facility -- is predominantly a :utilitarian :pro }ect in between other similar uses; near by' residential and commerciaC 'building. It is "situated in what arguably is :the most diversetl neighborhood in the city. The ,proposed improvements will 'be guided by a com prehensive approach to - :understanding: ttie'rieeds of the user; by schedule .and cost- parameters and witli; the involvement:and - -- - -- - arti!ci ation of these- actively - involved -in this area --The U�lA. team understands'thatdesign concepts will.;be - -- presented. to'neighborhood residents 'and user groups at one or more Community Design � Workshops - CDW and teased on the results ,of: the s a' final desi n will be develo ed P g P- WA will perform all :required tasks for. e. preparation af`the Construction Documents: WA will attend and - - - - artici ate rn :design review meetings_to present"and- discuss the design process and concepts at different a icip stages during the design and :will work with City staff to adjust and revise project scope as m '_..._necessary to meef established;bud _. _- _._ Our ln.h'ouse Quali Assurance [ ""0 81 WControl Team will be responsible for ongoing re�levr of bask I . _ ._._.. concepts and. design criteria issues .general docurnbntatiori, detail;: applicability` and overa11 coordination _ -� ^- -- - - Through - these independent- ; reviews; - the,-Team; wilt - ensure - delivery of- work =based ''n sound' design - - - -= - - - -- - -- - engineering and constnictabiii practices,:, as. 'we11 as conformance and integration with. ,programmatic .... _._ .__ . standard estab iished. for ti e °project: _.. Strdctucai Design Approach` lartmez.En meerin Grou ; -ine wIGE }- will` - assist- the - Design �-a rM :m- .'attaining= the- Owner's_objectives - g_. ^ : 9 P t reiat pand ed 'to site requirements, flexibility; exability and` accommodation of special equipment :on "this project. During the Schematic and Design Development Phase, `tv1EC` will: provide recommendations :regarding basic structural materials and' systems and will perform analysis and. development: conceptual - design sdlutions. During these: phases the ,structural design criteria including loading `and. foundation eq e p mportarice .in Miami, 3each, will .be analyzed: In addition; the basic r� uir.,ments;_ which is of'' articular i . structural S .preliminary evaluation of major structural' co rnp orients, critical coordination clearances and outline, specifications �Nill. be . developed at this time. During the; Construction Document PI asa, : WEG will .p repave' the Tull Construction Document package. for our scope of work including structural drawings,, specifications and calculations will also :- attend'the es our an revie��J meetings as. required. As part of the. Construction `Document Package_, NiEG will provide a Structural Inspection and Materials Testing Plan 'to be used by the Qwr_e 'Meld. Qbservatiori ► eam and`Testirig laboratory for the purpose of arisu.ring that the :design'intenf is carried trirough'.`di�rina the constrcr'ion or.tne project: During the B'iddinglNEgoi'iation Phase, N1EC will attend Pr _Bidding Conierences and grill provide: timei f - rzsprses -'to Bidders' questions, ' Citycf vtiami'_Beach, t :1`1G- -1C February.4.201D page'.,: During the °Construction- Administration Phase, ,MEG will review and process submittals (structural shop J. roduct data, ;etc and . tiR�il rps ond; to Contractor`s "Re nests for Information'' in a 'timely. drawinos, p ) : , p, q e manner: !r addition to revlewmg: the reports prepared by. the. QLWrv&s Field Observation . Team; and - ty the - Testing Lab, MEG will. perform ,required tibld observations at,�ppropriate •intervals to become gelieraliy= �amili with the progress and quality of;the work. MEG will prepare'eports and recommendations based.on those field visits: Landscape Architecture- ApproaC` -- O'l.ea Richards Desi n Associates a roach ao= this project is to, create= a sustainable {andscape that:fs_� ry. g pp desidrA to use �as few ;resources and produce as many benefits as possible An appropriate design Y - _ :9 _ .._ Y __ y stainable areas An includes functional, cost efficient, visual! leash enviranrnen�all friend! an rnai attractie enVicanment that is. in `balance :.with the local climate• and requires minimal resource input such - - as', fertilization; pesticides and water will be created To achieve this, a xerophytic_ ;planting design. that incorporates native and indi enous° Pant material wilt be used that re uires lover water consurn ,tian_and g P - -. - q - _ p lovu maintenance._ WA willvb k olosel with :0'Lea- .' -use the l6hdsca in to visual! buffer the less desirable comp onents _ Y_ .. ry p 9 Y - p - - __ of _ this° facility such as ` outdoor - yard - storage- and`oversized vehicular parklrng as well as to poise- pollution;from - activities, _ Both of these consultants are: presently working with -WA.on completing the, Tennis._Cer�fer. at; F..(amngo P;ark and together,;we enjoy an excehent.reI'atioriship with'the.city; z. Sus ect Areas - - - -- Hazardous Materi als -Analysis - (Phase (} - -- _ __ -- - -- — _ - - -._ - -- Em pact 3 to 5% of co n strdefion costs Schedule 30 -to'90 days Solufi'on, T he project entails he'dernolition of �.an aging building and .other site ; improvements WA will request: the immediate -testing and - analysis° of this' structure for hazardous materials, including the potential use of lead in the �p.aint. T he Phase !analysis is required:,by DERNi for. Essumce of a :demolition project: 'The findings, would also bey reflected, in 'the cost estimate 'to accurately reflect project costs: - item 2_ Flooding' impact Schedule NIA Solution The. g °Hera! ate were the facility is proposed for is known to occasionally flood. `Ta ' mitiga : P arking/ te this problem; we will'estabiish th"e;finish'fo -or elevation ofthe`'building. pnd; ard l 9 h 'area as ; hi P ossible, .Addi`onall d dee storm water: yell system. tiriill ' as Y. � P be designed fo quickly disposeof the rain water: -- Wolfbi rg- AIvaref& Partners Gil}! Beach, rRLQ 10709 -10. ' 201:0 rebruary:4, page,.35 ` Item;3 Ctiz.,n „Participation: 5 Impact N%A .,Schedule TBD Sglutton The. Property Management site is nestled m'between a very dlverse:zanmg and', __... _ . - .occupancy pjpe ranging from other` institu "functio such - as ca repair shops; - to comtorcial.and 'restaurant.uses " :to residential .including high densitwdeVelopmnts to the Vest and < north The patrons of the residential developments in particular, in thA past; have been very active and:: involved and.we would anticipate; they. would also be :very vocal with their opinions. . p g y p p g To "that end -we have:found that o en d'ialo ue and:1helr- -ear! artici ation at metro and at charr`e tes is the�most efr 'ectiVe methodof obtaining" tfie�r trust and concurrence. AsIwe:' _ -_ have successfully done in the past; we- would: encourage -- such. - an" approach .on this - _- project` ._ Item: 4 Harmonized Design Impact.- ; - NIA - _. Schedule The Master Plannln :and overall.desi Solution ' g gn of ;the facility ahould be ;renderetl In a °manner which reduces the lrnpact ofthe activities performed'therein to the surrounding neighbors. - This can: :be achieved in a number of". ays vi=ar example; the building itself_can _ strategically placed -to visually conceal- the actwities or =ahe yard and - oversized vehicle— — - : 'parking. Landscaping can also be des geed o achieve imila'r`results on.other'exposures _. To _ulsually screen views from the residential hiah--ris& condominiums located to :the :west,, - ___. _ parapet. walls _can -be ;designed -to block the =line of lght to tile. undesirable storage yard Tile primary building fa�adi✓, front fence and.gate can.. architecturally designed to be leasin and aestheticall a earn to the rieii` P 9' Y PP .9. .: 9 hbors. Risk As e'ss Project Objectives UVA pers'onnal are intimately familiar with the existing ms of the, Property. Management" r aclllty A5 the Term retained by the,City to master plan the improvements A& Flamingo Park, uh(ler.that-sc0. .bf worK, wP obtained its initial understanding of .the needs of this facility and how it, operates. It was abundantly. clear that the operations pe; formed: (herein were not compatible with" the recreational activities of the °park. (vtoreouer, the City had aaeng term i✓lan to eve.itually relocate the facility =to a Mora appropriate location. ('n preparation for tills submittal VV' personnel again visited the existing compound and took. note of;: he functions and activities performed therein and`the critical needtoi�update and modernize the 'facility. The: new 'project will In essence :encompass: four (} distinct; but. related' functions° tf gat are` dependant on each ' other:. - 1..0 type space in encloser! office ;far supervisors anc employee: lockers and restcoams. Thi ;Volfoerg Ahvarez' &.Partners .City o� Miami 3 ati�, R�Q;"ID 09 =10;. rsbruary:a, 2�J0:. i a space must' be able to. accommodate 35' "to 50 people in a ccncer trafed time period (arrivaflci Eck in, departure:and st m e etings)`. 2 Shop areas capable bf.peabrming diVerse_functions such as forwood worfe; painting; electrical and othec`cornmon. maint -nance pe : ormed.by City. personnel Clt}� owned property S .. . . 3. Material: storage 'in botfa enclosed spaces and in exte�or, yard areas. Th soorage areasshall be designed fn : a manner that facilities - easy access by the users, segregated fjy tjip - secured.. A. - A& parkfng,for oversized City vehicles - -The site plan should be des�gned to a mannerahat - _,eases:antern'al= uaffic circufa6on,:.reduces .fie :need -to; back =up and have adequate_ tuniing radius ..: ;employee parking and City au biles -will.be parked across the streetfn anew parking garage to _ be developed by a priVafe-developer l[is also important to separate�_foottraffic from the "yard area• as much as possible with access granted to - - -- - - - only those who have a need ,... � .. . - ;, __ . With.regard to the,proposed site, to`maxlmize the efficiency_of fhenewfaciIity! we are proposing fhaf;tne r 'existing` la,uiiding :oe- "demolished. Tfte - building -is dated, is mostly $ J' shell" = and. can't - "Ibe readily- . --- - - _._- modified to - accommodate the. new_functior s The r of the: site is, used` predominantly for par ing - - - - -- - -- - - and -will require ,, demo -pavement and -other minor mprovements. We do not expect- any - - -- = - - - - -- - -- issues: the;.redevelopment =gf the °site: p e ha onize_'the _desi n of this facih wftfi =.fie ro osed arkir era eacross- the [-low.,ver, in ord r to , r►t? :. :., g , ..,!. R. p. p g 9 9 - treet , it is important - .to coordinate pedestrian - access and ,Vehicufac and: egress:I as -much City= employees -wiil- use -ttie- garage for personal = and - City- vehicles it is- important that foot #raffia = between —� --� -- - - -- ih., two= buildin s 'be cfosel : coordinated: to r.,duc:, ravel d►s exam le smal9 iazas'could be ocat..d in axis tc: each`othec at each bui�increase .security and aTety. For . p p ... ding e vrhich turn lead` ntenor in o i circulati'o'n- 'points of heir corresponding building. These plazas; rril[ increas pedestrian visibility clearly :identify :access points, craate a rest area for,employees and provide des�gn,conti. y between the two - 'buildings Similari }�, to reduce potential vehicular cot fficts on ,Bay Road, the access points'for the and; the roperty Management i=acility'.shoulo be. coordinated..;By their nature, both of these facilities will'generate' significant Vehicular`traffic, with the management property exac.:rbating .fie "issue with the.depoyment,of a oversized" vefiicfes, with numbers concentrated in `the morning and afterncons: These large vehicles: require more. space to operate and are slower. to navigate into position: Strategically lacating'::f he access omfi for each ro'ect ���ll result:in better tiaffic flo��;s end reduce the potential for ran and` vehicular l? .. ..... 1.. I . accidents; Permitting and Regulatory Requirements I n addition to the standard. Bu ilding :and Zoning permits which will :be issued by the City, the protect Yvfll be= subjected to reviews and :approvals -,,by tho. Health . Departri ent,. DERM,. City;of Miami Beach' Fire; Water and. Public li Io' rks; departments. The 'derriolition: of the existing building will 'also require a Pf ase I Ha ' ard' Nlater'ials Analysis ana.submission to D Rf�� at Miami' Dade County, priortu any demoGtiori actrvitres. ' W ."; WoliberQ Aivare-f& partners: 0-09 -i G' rebruar, 4,':2010 l - page 37 WA is com fetes familiar - with `the ermittin rocess. u' h ich` is further facilitated by' our ;in- h o use' ` erigineenng ,of the civil, mechanical, ,plumbing :and electrical di "sciplines. This results jh closely coordinated teamwork and flmel ` res once to comments enerated b ` reviewin: agencies , and the rerore, quicker Y p 9 Y g issuance ofjpermlts. O.ur team is ; also 'knowledge.,able: of and has relevant, current experence with the .submission an" d approvals process associated .with the Design Review Board and with. presentations to the :City Wide finake Committee; and the City Commission.'We also have.experience with the Nistorical"Preservation Board, However, the project is not located iii an historicadistrictanor is the:existing, building registered. _ f -= IZUQlberg : °� Ivaraz :& ?aither Citybf, H'ami each, R; Q 110`09 -10, :�._ = ebruar;, 4,` X010 r SCHEDULE .PRELIMINARY PROJECT PROGRAM r ,Propert�l i%-1anaLjement Pacilitl 39 ScliedUle A, o 1 i07? 01 1 THE CITY O�F MIAMI BEACH s PROPERTYMANAGEMENT DIVISION 1245 ICH"IGAN AVEN "UE - MIA:NII BEACH, FLORIDA 33139: 673: - 760:, fax.(305,) 673, 79,63 To . Fred'.Beckmann: October 7, -2005 Public Works Director Frorn: Btad A T Judd RPA FMA, GGC IDirector, Property Mariagernent - ` _ __ .Subj &t - - Property iVlanageine it "Faeihty and Yard _ ___ _ _._ . ----- - The following are ' operatonal .issues of the work performed by Proper - ty Management that' should ^ _ be Incorporated mto any planed Location of th'e faci ty _ I Deirver 'es Property Management :receives'Gmultiple"de'liveries; each ;day for materials and supplies used by- the Department:: These iven es are made by'large trucks including 18 wheel In both open flatbed and boxed container types These trucks are -- - - - - -- — __ _ _ - - - — _ - -_ - - - - -- -- Wild ded "in: most ":cases by ;our ;forklift. These: large trucks". need "space to" maneu�ei and enough" :room to >maneuver' a forklift around `the truck to: unload Currently this is accom 'lished with the use. of_the e �Teh cle ound floor ark n lot .:.that is. ern t ' when" the - employees are out in the' field 2)' YardvCcnstructiori' Space: An area of open space" needs to be -in corpora ted into .;ally Tan to. allow 'for operational issues involved `in .the construction and repair of Lifebuard Starids. All lifeguard stands are; built by Property" 11%lanageiiient an "moil is required to ;assemble and construct these units. During the construction process a crane is :required" to. place the. components such as roof,. - cab' and- base .stand" to and :fo place these components on to cks t - :deliver : o. the beach: `This area `is� :also, used for the. assembly of: 'bus benches; and for exterior ", pantit�b needs 3.): Yard and Hazardous'- Maierials Storage: Yard storage is needed for.aarge lumber and timbers used on the City's boardwalks. It is also needed, tO store..coral. ° rock and .sand for concrete and mortar for repairs, to the. coral rock walls. concrete; and plaster work. throughout the Beach.. ,A sepai,ate faeilit }j or snial`l `building is also needed to store bas, acid gas feed: eduipmeiat, such a po-table""geneiators, "saws and other equipiient,'used in the daiiw operation. 4) Shop :Reduirements The, shops for the multiple- divisions: neec� to :be oil tile" ground" level �� %ith adeoPate: room: to provide .bench. repairs for: the trades. An example is A/C 'where wall units and ice making brought to the shop foraep� }ir "s". This allows rea dy .access- to warehotise` parts: and supplies to avoid 'the ernpI ' ees from' ha "ring to car=ry' :everything that could possibly: be needed in tl eir"v'ehicles. Th sarne 'applies for plLimbing` electrical- for' pumps, - motors, and any other "bench' repair :heeds. The carpente - shops" need" to be. of -a sufficient size to all "ow safety and clearances of .multiple fined large power tools 'and e ui �ment: and assembl tzbles for. re pairs dacl" l q l y l: }, r 5) Parkidit h? addition to the many .City "vvehicles we Have :concrete rnrYei's, pressuie> ear) in equipir ent, ;a: "gator" vehicle ihat'is used o f Lincoln Road, abobcat /fioiit "ei d loader, forklift, :and a golf cart used for the staff of famingo :Park This does not include the ernployee's vehicles::- Adequate. secure. parkin() is needed for all' including employee vehicles.. Also ADA parking .and path of travel will 'be requrred as in. zny, construction :project. 6 Warehousing: The centralized; .warehoustrig reduires size and g6tit d, floor loca ion to } _ al `ow a forklift to unio:ad from; trucks and drive into the tiv.arehouse space to place materials to ,racks or bin "locations for proper inventory control This deed is, and has -- - been 'histor %cally - :rrientioned-iri the Internat Audit. reports a& .a' requirement: Multi.--story! concerns In additror . to the costs and the ADA.'redtrirements or an elevator and. two other_ means . of egress :if multi -stor. _construction rs eonte n bated ~I would b "e:__ -_ Y p concerned ofhow a proper soundproofing of Office space could be :'accomplished over - :- -- -- - carpenter shop with the many power tools .used rn- the -,daily= tasks; -Also the fire: -code - . re " uirements of_. a :4 : :houn fated;.- assembl ; -to e crate- the _ different t , es o f occu ancies: q Y p YP P -- -- -- -- would a'dd addrtronal costs `to -thee construction and additional size requ to locate,-- - -- - these elements, - Conclusion: concerns= :far -- the - proper - -- operation - -of -- Property Management - are - opet ationa - :rather - --tl an - -- -- .locatrori; Below ate he hasr piograinining needs that`we ptovided to� :.CIP .over` :three years ago;,lfot:what..I; .. . ~ belieue are the proper operational deeds -of Property'INlnagement :. - - If youa ave any.questions please�do =not :hesitate 10 call. BA3 { : L1 /�, /esj'PROP£RT} �f vNern ,thurn_q'emzer Yiirii nnJ Facilrn floc F Progratrimi'ng Requirements for the Property Management Yard- and- Facility - following nforn�atioil. is - : the minirnLIM - requirements necessary ao -have -an, adequate size-.- - - faciltty to encompass 'the;.ciurent- ata-ff vehicles' equipment, warehousing , and ard.re re quirements* �, y q Property. Requirements: 4f,500 9 ft. (Estimated) Administration: } Offices' : -- - Work:Stations:_.. _ . __..- 7 .6 Confefence. Room Plans Stora e Roam l: 150 s ft - -_ ...pra _ Resti ooms _: - _ -- -- _ . 2 (2:@_ 100 _(Two .stalls Ladies; _one._stall. one urinal -- - - _ -- - . rnens} . Kitchen..: :-: 1 180 s ' , LT_ Se'rver�Roon ' _ ~� l (100 sq Ft.) area v^ - ` ; 1 ('f.SO; Total with Circulation: 2,895 sq. f Carpenter.: 2SQ0 sq. ft (Ii cl. l,super-visors. o.ff ce -of 1 . - -- _Efectrical. _------ -_�_�. ______ 1_Q80 sq.:ft.(Iricl.. lasupervisors office of 150 sq. -ff) = - - -._- - - - - - -- -. H:VAC: 7:50 s_ ft (Ih I:supervisors office of`150':sq ft,): - ,Plumbin =: 750 sq. f .h el. I supervisors office of 1, 5 sq ft ); Paint: 750 sq. t.(Incl..1 supervisors office of 150 q ft.j Pressure Cleanm :` 7S0 s ft. IncI:I sip ervisors offrce of.1�5.0 s f q.. (. p q , .) Total : 'Locher Rooms! R'estrooms I000'sq, ft. (7.50 sq, ft'. male / 250`sq. ft fern atO Total: 1000- sq.. :ft l rehouse:. ?;500; sq :fit. (lnc :. 1.. off ce' for -?y to ekeepers) Total: 2,500 ;ft, HA aidoLis Dilaterials Bl'cii.'' 500sq. ft. Total:. 500 ! cq'. ft. Total Building Space• R cl'd:: I3, c . 47�`s ft. f k 4 .. ... - Outside Storage Area:. 5000 ,sq. ft. Construction: Area: 1500's. ' ft.. Loadi ' Area: ;4000 sd. ft. Total: 11, X00 q. ft. Number. of Em :lo ees: p Y . Off ce Administration: 12 IVtaintelai�ce :;Staff :: 61. _ _. _Total• - 73 Number of�Vehicles %Equipment; Cit Vehicles 4 10'x; °20' arkiri .s ace re uired Y P g p q _el Vehicl es,!- -- 70 9 x l 8 -- arkii ` s ace -re wired _ ,. t ip q ) - Personn _ ( p _ _A D A/ Guest :Parking: x - 18'_required } Desib-n Notes - I.... All .offices and restrooms in; Warehouse and Shop: area .shall. be .air conditioned. _�2. Warehouse sliall be equipped with;.industr al giade.adjustabld,_st6rage racks.cat) holding__. standard paliefs ;and accessib e;by fotklift; Carpenter shop. shall be equipped' with.thef following electr=ical equipiilent: ind "ustrialaable-saw = - Industrial router - - -- -- powered:_ vacuuinf l ,-d i!st- collector --- drill - - press i band 'saw :industrial welder ilidu al air compressor' hyd'rafflic press; industr'i`al', lathe. - industrial wood .planer_ ice machine (in W;are'house). Total Design Electrical Load for Slops f Warehouse Builditlb shall' be 400 amps: 5 "Total Design Electiical Load for Adi Offices: shall be l 50 amps. 6. Shop:/ Warehouse Building shall:llave a minimum ceilin heiglit of 16 feet 7 All Shopsahall be e hipped with one 8' 1;' 1?'. steel autoiziatic roll - :up door' "a id two 3'0 "x 6'8" doors: Vllareh.o use shdlI he equipped with oRe 20 x 12' steel automatle roll -up doOr. 9. Locker rooms shall be equ' p ed vitli' standard - :steel clothes ockers. C60 men / , 1 - :0 female) a,0 Shop, warehouse, and H'azardo«s Materials Build in shall 'be. f re sprinlaer;equipped. 11, 1'. Alf offices / workstations shall be wired with telephone and. compater terniinals. 12. All buildirul SI will. be equipped `with a Fire Alar n.'ai d Intruder Ala - ri - System. Y:3 ..Erifi aieeao facility shall be °thy u; an, electric powere'd.,remote coiitrol _gate: r ;I'`4. Facility shall -be equipped with ,a: lninimurn 50 ,kw diesel powered. emergeiley generator supplying : power to :an emdge cy circuit! in each shop, wa rehoUS and:oftice.area:. {: As with. any. first round programrr ini ;,_ I Its ,is provided as a guideline of basic; size and space: 4 requirements only. It; does not' re -any' of the operational requirements of t he Department: As we de 't the specific p p ific .pr..ogramming for InduiduaT shop needs and the work. flow °process> ;and work relationships : of the office areas,, - WIf yo:u have any questions, plea'se�do not hesj ate to call =ne at x763Q. - - r r F CITY •OF MIAMI BEACH Capital: irnprovem.ent Projects, Office- Interoffice M e'morand'u-m r To: Jorge Gonzalez, City Manager Date April 16`, 20Q3 M.i Via: Robed C Middaugh,:;Assi stmt. City`Ma . ger l From : Tirn,Hemstreet, C1P Director ,.- a - - -- - - - - - Su bject: - Pofential Alternate :Pro a Mana ement Yard _Location..- 9 f' The:- CLP Office °was =asked ao - investigate the; poss�biiity of moving the; Property` Management'Yard from Ets current Flamingo Park locationto a site at 1833'Bay R'oad`that -- includes �twoaparcels. owned by` the..City :and a third currenf(y leased by the - City. but - _ _.. _. _ ,availabf:e ford purchase Parks and _Facilities Program Manager URS :was requested to -- evaluate -this, :alternate_ location 'within the context of the �.0. Bond4d -hded pr91eet to - renovate or replace the existing facility. -- " - URS and =ClP s taff st udied the location and reached the foflowing�°concl'usions - - - - - - - -- 1 Vllhile the'rthe current nor ro osed t cation: can - rovide - all of the,. space that - 7 P p, ; P. - , fhe - Property Management Division,would ideally like to have, a redesigned layouf_- �at the Flamingo Park location can meet`.the minimum facility requirements These needs could potentially alsa be °met :at the ,Ba Road: site, but - the of _ doing so ne. p y y . - Would be - -proh bitiue because of the need :for far- more -- expensive- vertical:- - - - - -- �T construction giuen the rnuch°smaller'avaiiable footprint. (2) The relocation of the facility to the-- Bay Road site would :be contingent upon the City's purchase of the third, parcel: at the site which eoul.d._take up. six. months or more to: finalize. During: this period, - the >C1P Office would .recomme -nd p acing the Flamingo Park%Property Management Yard-project planning and design effort on hold to alloW: 'for the. chance that ,some:.unkhbwh "factor might .preclude t he completion of the. purchase anal thereby equire;that the facility remain in ,Flamingo: Park. 3' There is no project; for (and: ac uiston; this fundin would need to .come t :) .. _P J g q g. from an entirely separate source, : Given - these, find ings, URS' recommendation (attached) is thaf the;Property Management facility remains in. f.latningo Park The CI'R Office concurs with this conclusion:. Please contact' :me if'you have any questions regarding this matter. THIDPS Attachment C:. Fred BeckMethh, Director ,.Public . 'W arks. Department. FACAPKSbIIXDonald \CIP\Parks and Facitides\Propert Yard\URSreporttngr.dot k URS Construction 'Services G _ Date: April 9,`:20031 i r ' t, t To Donald Shockey CIP'Off ee .% .. City of Mlam .,Beach: 1 7:00 :Con��ention: "Center Dri Miami Beach, FL 33.130" _ SubJeCt Property Management Opin f Cost and Srte- Alternatives Donald, Attached; - are a series of spreadsheets prepared�by URS :engmeenrig office. The test - _ r l a es utnrr arize:ahe r uiremer is identified m the Pro am provided by Property p g �l _ w �etrent The Last a e idearifies our bud et level estimate of Cost -for - : Manal, - P._ g - - g .. construction and. assumed demlit on of the existing building on the Bay: bad site ^ The':current Property Management site within Flamingo.: Park:encoiripasses approximately 40 square feet of and, and�houses.soine Property Management 's.existing - - -- The nested ro arnmattcre uirement.. are delineated` -xn the first attached spreadsheet In;surnmary,approximatel.y 70,000square feet of..fotal�area� both Indoor requested. Tl?is breaks down to'appTOxmately 37,000 square feet of outdoorparki:ng needs, 15;000'square :feet for . outdoor storage !areas, ifuelin station etc. and T;8,000 s uare g q feet of _bu`ild rig needs Total :outdoor spaee:needs are 51000 square feet:. - E�faluation of the Flamingo .?ark „Property Managementaite indicates that the:present operation: approxirnately40 feetof land. - As outlined above programmatic: requirem ents'total approximately 70;000 square, feet; 18 square °feet of building space, 3:7,000 square feet for parking related needs, and 1.5,000 squat for' outdoor storage needs. The resulting, area A ob rta e: is a pp roxirnatcl 30 feet as. opposed' to the 52,000, square`foOt shortfall on the Bay Road.site. Obviously, the current facihti'es; are not meeting :fihe : programmed requirements ri terms Of a- and GARS understands that it is uiilikel Ghat the planriingprocess will support any substantial Y increase in the use. ofPark ro `ert for Fro ert Mara ement a oses. With.an, efficient site'. lam layout an.area:: of a. P Y p Y b P .P p pproximately 4.0,000 square feet:should accommodate the building requirement s of 18;000 square °feet, outdoor storage, fueling. etc of 15,000.square. - feet and:park rig for approximately 15 200 veh cl�es within the, remaining�7,000 square feet including circulation. 'This,would leave: approximately 3. 0,00.0 square feet of parking` related needsunm et. whetotal. site foot n nt:on Ba Road. is.approxunatel ")r?4 OOO.square feet: In '1' potential p y addition the program calls fvi approki 15,000 square,,feet of building; urhen URS Construction Services Eastern Financial Building _ Suite `I OOQ 700 Souih Royal- P6.inciana ;Blvd: Miami S rings'F1'orida 331 Tel:. 305 ray: 30- �842?1665 circulation space is considered. Outdoor:and indoor space requirements total roximate1� 70 000 square- "feet or pearl 3 timesahe;available site a foot p rint. pp Y Y P lfwe consider constr uction a -1S 000 square foot :building footprint with a 1, 0010 square: foot- second.. tory, :the "remaining srte=footpr nt of 9 oo, square feet ofs to u�ou d ret uire ;at least G levels Yo accommodate the 52,OOQ square feet of;outdoor space deniif ed in the Further complicating the'ssue, is..tlie fact that`the City does not own ;approximately: l/3 of the = potential site URS understands that'acquisition of this parcel is a possibility; but could consume 6 months`or more to complete. `There.is a significant nsk'thaf the overall _-W ould be delayed while site acquisition`s negotiated and closed. In addtion:zio funding is available;withn the ro ect bud >et: for_land acquisition: The'budgct estimate provided assumes that all construction is. one sto . - - ry,;as ool _ y. approximately 3,0.00 square feet of administrations ace"s.a ood, candidate for second' _ p. g story occupancy, with the exception. of possibly employee parkin:; The ;budget level _ estmate;;without:;fact in _ ossible multi -stor arkin is a roximatel $ i 9 million: -- _ .g p Y P g pp Y Considering{that the budget Ievel .cost.estiniate consumes the entire;constructon.allocation without allowin : for multi sto ark in facile and the fact the program requirements _ eaii. exc gr , y ` eed he availabl.e footprint, it -is URS' opUUOn hat.ahe Bay. Road site is pelt - -- a vrable.candidate:for =this project, unless -the pro 7rammatic requirement& are significantly This overview analysis ,indicates .that the FlamingoPark siteccan meet approximately 60 %, of the space requirements in_;the- program while the; :Bay Road site can,.only accommodate approximately 33 %o;of.the desired space:_ While neither scenario is ideal in terms of area the Flamingo Lark site option can address all needs except for parking'and the $ay Road site cannot meet the,need f6r or much "of tlie, site storage request , It is URS' opinion that the Etamingo Park site'is pre o. - the Bay Road.site:in terms of project .tirneline ability _t meet:'tlie: pace requirements bf the Property Management Facility - program Feel free: to contact xne shoul(I you.have any' questions. Sincerely;. ` odd, Osborn Prag�ram Director ,Cc:' Richard Staud, inger,_ T m,.i- Iemstreet CITY OF :MIAMI BEACH S UMM A RY PROPOSED PROPERTY - MANAGEMENT ":FACI,LITY 1 OFFICE SPACE SQUARE SQUARE OUTDOOR, 2 OFFICE LOCATION: EXIST:. 'FEET FUTURE FEET AREAS` Depariment-or.User -_ -= _ _. _ .:_ -:._ STAFF ;REQUIRED: - STAFF 'REQUESTED REQUIRED - - - - -- a By Building Location:. 5 ,BL` DG DEPARTMENT _OR' USER #'FTE N # (FTE)... _43 ADMIMSTRATION �0..: 2,925:. D 6 1 - 7 2 SHOPS - various 71 8,359 -0 - 8 ::2 SHOPS - :SUPPORT.SITE..AREA D 0'. 14,950. _. l. - _ _ WAREHOUSE—— t2 PARKING LOTS' 0 .. -.. `0 37;700: 13 . TOTAL BUILDING_SPACE AREA' AC READ or.REQSTD , . ; 18, -122 14 ,s TOTAL USABLE SQUARE: -FT REQUIRED: _ 1s _TOTAL USABLE SQUARE FT REQUESTED ti; _ _: TOTAL USABLE:SQUAREFT. COMBINED:_ _ 18,122 _ -- - LL 19 , - Program Requirements` 1 of -fi 419l2t?Q3 1 ' admin C1;1'Y OF 'MIAMI _BEACH;. PROPOSED PROPERTY MANAGEMENT FACILITY OFFICE - SPACE , WORKSHEET SQUARE FOOTAGE: :SQUARE SQUARE 2 O.FFICE;:LOCATION: :ALLOWANCES EXIST, FEET : ' FUTURE. FEET 3 ADMINISTRATION -- ( * 'miy be'enclosed.office ) = = STAFF REQUIRED STAFF REQUESTED -- -- 4 Property Mgmt.Building 1 4 (FUTURE) 5 DEPT WORKSTATION OR.SPACE CONVENTIONAL # ff FTE • E ` :$ X Director 250 " - , 1.. 250 0 `0 .7 Deputy: Dir /Div Admin 210. 0 01' . . 0 . 0` t 8':... Mena er. 180 0 0 0 0 _ s X.: 5u ervisorlTechnical Professiona - _ . l; -" 150 -- _ - -- -- :5; - - ' - 750. _..__ t o : - -- - JuniocS,fafflAssistant Technical`:. j— - 0 _ 0 _- p " . -. - -- _ _ _w 0' •_ - :: -_ _ 0 Ci ._ Clerical /Su rt.Staff :8Q - , °0': � J 0. 0 - - _,_._ Field Worker/V1/ork.Stations- _ "_ -50` -_ - q- - - -- 200 is TOTAL Abl :READ or REQSTD 1,200 CIRCULATION=SPACE: V(RQD or:RQSTD X 30%) :,. 36Q. _ t5 DEPT CENTRAUSUPPORT'FACILITIES : _ X: Conference Room s) _. -._ SO SF +' 1:5 SF er erson: - 0 200 0 "t7 :.. Waite Room: - 5Q SF'+ 10 SF er erson - 0: 0 - - - - p __.. MaivWork ° Room' Depends on E ui menC Size: _ _ . _ _ _ :19 - X : 'Co _.. ". _ __. ( SF ° : - "_. _.; _ ..: , Na 75: 20 Centralized Filin' 9' SF er File Cabinet` )., n1a. 21 : _ -. X Store a Area s : (inside As needed for irnmed hems nla . 200 22 . _ Recycling! 4 SF per.Barrel /Cart:) nla Confidential Staff Meeting Roomc 100 SF' ): nla- - R 24 . X Kitctien/Coffee.Stetion ,. ( 1OUSF ):n/a 400 5 X Printer -and FAX Area - _ 75;SF Total ._ n /a'.. 75 26 - X Restrooms (75SF -`each stall ); ... 4 300 _ TOTAL SUPPORT SPACE - ADD REQRD o(REOSTD) -__ - -- - - - -- - - 950 - - - - - -- - -- -- — ---------- -___�. 28 CIRCULATION °SPACE °(RQD or RQSTD X 30% : 285 = `29 DEPT' SPECIAL PROGRAM SPACE: 30 Trairin `Room describe &:attach specifications :nla. 31 Hearing Room describe &attach specifications a - 3 1 2 X Comp uter , RoomllT Server describe & - specifications : nla 100 : 33 Locker Room describe.& :attachspecifications : nla 34 Bulk "Store a Roorn Chemicals and .Cement: Storage nia 35 Special :Pro ram'Area describe & attach specifications n/a 3s Other:; describe & attach specifications n/a 37 Other describe & attach specifications' n/a 38 Other: describe ' & attach.specifications n !a - 39 Other: describe & attach: specifications, n/a 40 TOTAL SUPPORT SPACE ADD REORD or REQSTD 0.100 Al CIRCULATION SPACE. (RQD :or RQSTD X 30 %) 30 42 TOTAL - USABLE SQUARE FT'. REQUIRED:: 2;925 43 ` TOTAL .USABLE..SQUARE REQUESTED: as TOTAL USABLE SQUARE. FT.. COMBINED: - :2 Program �Requ rements 2.of 6 4/912003 - � � � :Shops C ITY - OF MIAMI: BEACH: _ PROP FACILITY 'OFFICE: SPACE WORKSHEET - SQUARE FOOTAgE SQUARE SQUARE 2 OFFICE. LOCATION: ALLOWANCES EXt5T. FEET FUTURE FEET ~- - - - =3 y -SHOPS various = _ -- (' ma be enclosed offce) STAFF REQUIRED STAFF REQUESTED "d Property Mgmt Buildirig2 (FUTURE)- . 5 DEPT WORKSTATION OR SPACE CONVENTIONAL., # FTE # FTE *; s Director 250 _. 0. , 0 0 z De uti Dir /DiV Admin ... :210 0' .0 8 Manager 180: 0` 0 0. :: 0 - - - n Supervisor/Technical Professional - -- - _.__ 150 _ _ _ _.�_ S .. - _ - - 750 '0, io - Junior Staff /Assistant Technical 0:,._ .- - .. ClericalTSu .. oK Staff -:80 -.0. Q 0 0 12 ;T ^ - Field.Worker TOTAL WORKSTATION -AREA ADD REQD or REOSTD :y -- -- 750; 14 CIRCULATION SPACE' (RQD'or RQSTD X.30 ° /a . 225 DEPT 'CENTRALIS.UPPORT FACILITIES : 1s Conferi3nceRooms . -_ 505E +'1`5SF er arson. - :: - -- ;0 Waitin .Room _ . 50`SF {.:,10. SF er arson - a3 - _ " _ Q w T_ '18 Mail lWorK Room - -- De ends on'Equipment;:Size h a zo , .Centralized Filing (4 SF- per `File Cabinet! ) . :'nla ... _ — _ -- 21 5tora a Area` s) - suo lies- As �nee de' e'd lo' r im' me d. Items - 22 R .4 SF :`per Barrel /Cart `.. .n /a 23 Confidential`Staff Meetin Room : ( 100 SF _ -- -; Na 24 Coffee Station 10 SF` ;n/a 25 Printer aAX Area 25, SF,-:Total nla nd. F 26 Other Kitchen'Area nJa ` 27 - _ TOTAUSUPPORT- S PAC E- " (ADD .`REQRD - - � -- 28 CIRCULATION SPACE '(RQD`or RQSTD`X'30% ` - 29 DEPT SPECIAL- PROGRAM SPACE 30 'X Ca enter Shop describe & attach:soecifiications h4 T. 2;350 31 X Eiectrical'Shop describe &attach s ecifications nla 930 ' 32 X HVAC`Shop describe &attach: specifications` ri/a ;, 600 ' 33 X Plumbing Shop described attach specifications n 600 34 X Paint'Sho , describe & attach specifications n/a 600 35 `. X Pressure Cleaninct Shop, describe attach specifications- n/a 600 3s Other: :. describe - &'attach specifications n/a Other:' describe & attach specifications n/a >38 Other: describe & attach ecifications Na '39, Other. describe &atlachi s ecifications' n/a : '4o r TOT ALSUPPORT SPACE ADD REQRD or REQSTD) 5;680 - 41' CIRCULATION SPACE (ROD or RQSTD X.30 %) 1;704 42 TOTAL 'USARLE SQUARE' FT. REQUIRED: 8,359 43 TOTAL,USABLE SQUARE FT., REQUESTED: = '44 TOTAL USABLE SQUARE FT. COMBINED: 8,359 Program- Requirements 3 of 6 4/9/2003 CITY OF M1AMI "BEAC.F1:: ShopSup PROPOSED PROPERTY VANAGEMENT'FACILITY j. OFFICE -SPACE 1l1/ORKSHEET SQUARE_FOOTAGE SQUARE' SQUARE: 2 'OFFlGE LOCATION; ALLOWANCES' EXIST: FEET FUTURE FEET SHOPS - :SUPPOR "T"SiTE AREA" (' may b" e:' en closed 'office) - - "STAFF REQUIRED °STAFF REQUESTED - r_ a l `OUTSIDE AREAS (FUTURE) 5 DEPT WORKSTATION OR SPACE CONVENTIONAL # FTEf # "FTE�.? 0 s Director " _ 250 0. 0 0 . " Deputy Dir /Div. Admin •' :210 �, 0 _ 0 - 8 Mana er _ " 180 0.. 0" 0 0 - - - s Supervisor/Technieal Professions!'.. _ _ -.:_ :.150 - 0- Q 0 _ _ 0 : °io - -_ - Junior StafflAssistant�Technical:: 100_.. .- -_: - -- -.- _ . __ .___, -._ 0 0 ., _. 0 ClencallSu ort:Staff 80 <0` 0 D 0 0 12 Feld: t;3 TOTAL WORKSTATION ADD READ or REQSTQ); . = to CIRCULATION..SPAGE __ - (RQDor ROT TD "X'30% _. r . t is DEPT CENTRALISUP".PORT FACILITIES 16 Conference Room - "s (SO SF. "+ 15 SE' r erson J. _ _ 0 __ _ 0 ; _,. 0 _ ,_... S0 "SF + -1'0 SF:, "'er person 0` - - Waiting Room 0 0 �a MaiWVork Room Deends on Egui ment:-Size nla s - - -- Cop - - - - - -- 50 SF 20 Centralized Filin 10 ea 9 SF' perFile Cabinet - - -- 2 -------- Stora a Area:: s _ -__ . ..., _..�__ _ _ _. As needed, for immed.' Items __nla" 22 Rec clip 4S F per "Barrel/Cart ` n/a" . 23 Confidential'StaffMeefin' Room. (`100 SF 24 Coffee: Station` :1 `0`SF Na 25 . Printer and FAX.Area (•25 SF Total: - ,26 Restrooms (75'SF -; eachl) 0 0 27 - TOTAL SUPPORT_SPACE (ADD` REQRD or REQSTD) ;28 , CIRCULATION SPACE (RQD or'RQSTD "X'30 °Io ;29 DEPT SPECIAL PROGRAM,•SPACE s0 X. Outside. Storage describe attach s ecifications n/a 5,000 31. X' Construction Area - describe & attach 'specifications n /a' 1.500 32 X Wadin ..area describe &:attach.specifications n E A000 33 -X' Vehicle Fueling, Area d escribe &.attach s p ecifications n :4,000 34 Other: describe & attach specifications n/a 35 Other: describe & attach specifications -n /a '36 Other? describe° & attach: specifications nla 37. Other: describe & attach specifications, n1a : 3e Other' . describe & attach s ecifications.. n /a 3s Offset; describe -& attach specifications, h1a. ' X40 TOTAL SUPPORT SPACE ADD "REQRD or REQSTD) - 11. 5o0. - aa CIRCULATION SPACE' (RQQ or RQSl D X:30 %), 3.450 42 `TOTAL. USABLE SQUARE "FT..,;REQUIRED:. 14,950J. 43 TOTAL USABLE "SQUARE :FT, REQUESTED: as TOTAL: USABLE SQUARE. FT. - COMBINED: j 14,950 Program Requirements 4 of ; 6 4/912003: CITY:OF MIAMI,:BEACN hs ware e PRQPOSED.:,PROPERTY MANAGEMENT FA C ILITY OFFICE SPACE WORKSHEET SQUARE FOOTAGEI ,:SQUARE ',SQUARE 2 OFFICE LOCATION ALLQWANCES` EXIST;: FEET FUTURE FEET r - 3 WAREHOUSE - - - (* m.ay be.enclosed offce� -- : STAFF 'REQUIRED' STAFF REQUE$T.ED - - 4 Property MgMt _ Building'3' 5 DEPT WORKSTATION OR - SPACE , , . .-CONVENTIONAL.: ' #:FTE '_ - c , . _' _ � " ## FTE 4 ,z� s Director 250` 0' 0 >b { z Deputy Dir /Div'Admin 210: 0' _ 0 0 e,.._ Manager, 180 0. 0 - - '_ - - -- 9 - Supervisor (Technical`Professional -__ ._.. - __ _ _ . -_150 _._ _ ___ __ 0- _ - _ __ -• _ . -_ -- _ .._ __e _ 0 _. _ _._._ __ .w___ ._r_. _.._ 1 Junior Staff /Assistant Technical = -. -= - . -1Op _ _ _:. - - - -;0. - -- 0 __ _ R_._ - 0 ClericaUSu 06rt'.Staff . 80:: 2 _160 -0 '2 - - -- Fiefd' Worker - -- 50' _ 0' 0 - - _ __.._ 0 13 T,OTAL WORKSTATION AREA. ADD REQD 6r REQSTD ..., e 160 T �4 ` CIRCULATION SPACE i. RQD or RQSTD X 30% 48 - - 1. 6 DEPT CENTRAUSUPPORT FACILITIES Jr. Conference;.Rooni (s) 1 :5 SF` er person ;0. 0 _ » m Roo ,. 50.SF +SF' er person) __._ - ) - 0 .._ 0 :..�.. iii Mai{/Work'Room = De ends. on E uipnmerifsite nlaT _ 19 - -- Cop . n/a o Centralized" Filin 9 SF per Fite Cabinet: nia- 2t Storage Area As needed for irnined - . 'Items nla 22 Rec .clin . SF per Barrel/Cart 23 Confidential Staff Meeting: Room `100.SF') 2a Coffee' Station _ 1G :SF n/a - 25 - Printer and':',FAX'Area _ .:. 25'SF:`Total') Na _ - 26 Other 27 TOTAL:SUPPORT.SPACE= ADD REQRD o� "REQSTD) `_ -_ " ^ -- - -_ -_- : - - - -- - -- - -- 28 . . CIRCULATION SPACE .'(RQD or`RQSTD X 30 %1, 29 DEPT SPECIAL PROGRAM SPACE 30 Training Room describe& attach °s ecificationt n/a - '31' X Warehouse.- 16' ft., vertical describe-& attach :specifications . n/a 3600 32 Computer Room describe & attach specifications nia 3a X' Locker Room :- Men- describe & attach specifications; n/a 750 34 X Locker Room -:women describe &.attachspecifications; . n/a 250 : 35 : Special Program Area: describe &'attachspecifications n/a 36 X, NaZardous Stora a Flammable /Chemical Storage nla 500 A 3i . Other. describe & attactispecifications n/ a 38 Other: describe & attach'specifications . n/a 39 : Other: describe ,& attach specifications nia 40 TOTAL °SUPPORT SPACE (ADD` REQRD or REQSTD) 5"100 n.t:: CIRCULATION'SPACE: (ROD °or'RQSTD X.30 °l0) .. 1,530 - 42 TOTAL USABLE SQUARE: FT. REQUIRED: s,83s 43 TOTAL USABLESQUARE FT _RE QUESTE.Q: TOTAL USABLE`SQUARE' FT. :COMBINED..> 6,838 a 4/91.2003 program 'Requirements 5 of fi. CITY O`F ,M BEACH' - Parking PROPOSED PROPERTY MANAGEMENT FACIL` ITfES OFFICE SPACE WORKSHEET SQUARE' FOOTAGE: SQUARE `SQUARE 2 OFI ICE:`LOCATION ALLOWANCES EXIST.. ;FEET FUTURE FEET ,3 : PARKING:LOTS: 200 SF yee Pk S.. - - g p) STAFF .REQUIRED l­; TAFF REQUESTED (. Pef: Emplo .. ( 4 (rfmax of actual>or appro Ved).:., . 5 BLDG DEPARTMENT'OR :USER #FTE :t ° w - #;(FTE) s 1 ADMINISTRATION: 200: 10. 2;000 0 0 '. 2 . SHOPS - `various 200 71 l4i -2.00 0 0 8 1_ SHOPS -: SUPPORT SITE -AREA `.. _ :. 200 :. _r ; 0 t7 9 3 WAREHOUSE - 200 - -Q. - 0 - _ <. l a GuestlADA..parkiri" :. - - - : -- - - 200'. ..5'�. - 1:000 i� Cit 'Vehicles, 200' S9` 11;800 . - . 0 0 12 o o - 200 0' - o 0 14 .200 t5 200 0 0 o - 'p - .. iz y -- - - - -- :._: ,. :..: 200' .: _ - - :0 - - 0 : fe - . 200 0 0 - :0 200.. _. a = :o - _ _ 2W 0*1 0 0 2a 200 0- 23 - - -200--- 0 _ ..,o 0 - :24 200 0- 0: 0 25 - _ . TOTAL PARKING SPACE AREA. ADQ� REQD;or REDSTD,):: - -- __ _. y 29,000: °.. 2s . CIRCULATION' SPACE (RQD or':RQSTD X'`30 %) f3;700 TOTAL:.USABLE zs TOTAL, USABLE: SQUARE F.T.REQUESTED: 2s TOTAL<USABLE SQUARE FT. COMBINED:: 37;700 30 1;45 0 ,31 _ 32 TOTALNUMBER OF':PARKI SPACES PROVIDED: 145 33 TOTAL NU OF PARKING SPACES REQUIRED:- 145 Program' Requirements, 6 of 6 41912003 CITY OF MIAMI.. BEACH; -SU MMARY i PROPOSED PROP'ERTY.MANAGEMENT TACI LITY ; BURGET LEVEL COST OPINION WORKSHEET SQUARE FEET UNITS UNIT SECTION' REQUIRED COST TOTTAL:. BLDG ; DEPARTMENT OR. USER;Q?� . 1 ADMINISTRATION'., 2,925 ; SF, $110 $32.1,750 2 SHOPS._ vanous 8,359 SF A/G -= Oilice :Restrooms, :etc: 975_ 'SF $90 = $87,750 - Non - A/C - Storage.'etc. 7,384 SF' $65 .. $479,960 Industrial Equipment 1 Allow: 3' :WAREHOUSE .. -6 SF.. - -- - - A/C`- Otfice; ,Restroorn Locker Room .e_tc. 1 SF- • . :$90 $104;400 Non -A/C:- Warehouse . 678 SF .$55 $312.294 UT, EXTERIOR` STORAGE,' FENCE /GRAVEIJISOLATEO =CONC. PADS;.. 1'4,950 SE $4 $59,800 -" PARKING LOTSISITE.UTILITIES .. -.,__ 37,700 SF $3 $113,100 MISC 1000 alb Fuelin ' Facilit 1'. EA _._ w :_ -__ -- .$12,300 $12;300 -_� Electric•Securit Gate: _ 1: EA :$14;500 $14,500 501iw;:Diesel_Emer enc Generator'__ _.._._ _,_ -___ ___.,. _ 1; EA__.- _, -.__ ___$31,520 -,_- $31,520�_��_:�_— ___.�_____ SUBTOTAL:: $1`;547,370 10 %CONTINGENCY: $309 - - TOTAL ESTIMATED COST OPINION Hard'Construction_ -- .. _ _ _ __ 1 Demolitiori for removal of'existin' building; (Assumes no asbestos or other. hazardous matenais:) `1:. Allow: `$40;000 $40 Grand'Total - Hard Construction and, D`emolition $1,896 e ` Program Cost 1 of 1 4f9l2003 f Property Management :Space Requirement Administrative City Type. Length Width SgFf �. Director - . :.. :- :_ - 1: _ -- -- :: _ _ :: -- Office :20 r15 300 -= Asst- Director 1 Office 2Q 15 300' Office Assoc V `1 Cubicle 110 1.0 1 bo. Admin Aide l 1 Cubicle 1:0 1 o, 1`00; Admin Aide.'1(. 2' :Cubicle 10 _ -- 1:0 200 .-- _Cubicle ::_.: - - -_ -_- . -1 :0' :� :._._- - _ :1 Q _. :_ ._ - -_- _.': :- - -- - :_Co:ntr_acts._Coord - - - - - -- - -: - - -- - Cubicle :: - - - - -- 1 0 1 Capita[.Prbj Cooed ., 1 - Off ice 300 _ Office -- _ -.__ - -­45- Planning: Tech �_.__ 2 - :__ __ .Cubicle - - - -_ Supervisor Maim .. _ - -1 :.Cubicles - - 1 ° 10 ` 1.00. - : Supervisor EI'ect; 1 `Cubicle: 1;0 10 . 100 -a _ . -= _. _ - Supervisgr Plumb -- _ - _ ,._ Cubicle 1.0 10 _ _ _ 100 - Supervisor. AC_ - .1. Cubicle 1:00 Supervisor Di _ 1 ._ _ Cubicle 10` 1 Q z 1 Op:.._- - Restrooms 2� _._- ._---------- - R ' oom - - . 1 :0 : - -- ----- 15 , - - -- - -- - -_ - 300 _ _Conference Room: 1 - Room - - 20 S;torage 1 Room 10 15 150 Kitcheri 1 - Room - w :_. _. IT�EquiP Room - - - : - __ - _.:Room -- _ _10 _10 :_ 100` _ . _ - -... Copy /Fax Area _ - 1 _ .. ,Bay _ -, : 1.5 - - - - - -- :: Common Areas _ __ Hall, foyer etc 30.0 Total- Ad m i n Area .: :3 Trades Area Work Shops: 3 Open Bay ,20 30 .1,800 Parts R oom 1- Enclosed. .20 20 400. Restroom 2 Room 10 15 300 Locker Room 1 Room 30 3b 900 'Common Areas 1 600 :Paint:.Storage 1 Enclosed: 1 :0 1 :0 100 Hazard9us Storag 1 Enclose -10: 10 100 Total Trades Area;.. 4`,200 Yard /Loading Area: .TBD Space ADA Parking, 2., - Space 1 -5. 20, 6.00 Guest Parking; Space 10 20' 600 Total Outside Area:: 1.,200: Total: Areas: 9 >,2:70 Parking= City Veh 58 Space:: 10 - 20'. 11 ,000' Parking Emp =Veh_ '68. Space `10 :20 13 25„200 take; into account'3 vehicles that-will not, fit. in the garage plus TBD Yard /L : adi�rig Area Sunset .Herbour'Garage • f , SCHEDULE J _ ' INDEX:OFf DRAWINGS a . r F: \CAPI \half \�'IET \0 - PRWE(T Prop 1l!arnt Fdc'iltt�•��4E AiTreen et t - W ltber A[ arez.doc Pro�iertr' k anaaement Facil'i "tv 40 Schedule :4 o _ , FRO RE RTY MANAGEMENT FACILITY DRAWING INDEX ,. GENERAL - - - COVER SHEET`AND_1NDE S ` R VE DEMOLITIQN.AND SITE REMOVAL PLAN DEMOLITION AND REMOVAL'BUILDING,, PLAN - -- - . _- - CZ 1 _. _.. _ ._ _ LL - LAYOUT PLAN :. C3 1- PAVEMENT- JOINTING PLAN.AND .GENERAL NOTES _ D ETAI, L - - -- _. - -- _ DRAINAGE AND EARTHVti/ORK NOTES C4 1-- - - - - -- WATER::AND SEINER PLAN - - - . _ -- - - - -- -- -- 1 —. - -- C42 ; WATER,.AN ,SEWERNOTESfAND ;pETA{LS: C5.1 G'ENEPAL.DETAILS` - _ . _. C6 : :. __ _- STORMWATER POLLUTION - PREVENTION -.PLAN C6.2 STORMINATE P OLLUTION PREVENTION NOTE AND DETALLS; LANDSCAPING L1:0' :1 EXISTING TREE aNVENT:ORY Lf-. EXISTING'. TREE, STATUS CHART L1.03 LANDSCAPE PLAN LANDSCAPE DETAILS AND NOTES L11.01 IRRIGATION PLANS .0 {RRIGATION DETAILS ARCHITECTURE LS1.01 LIFE :SAFETY PLAN) CODE ANALYSES` A1.01- SITE.PLAN A3:01 FLOOR PLAN — FIRST FLOOR' A3 02 -FLUOR PLAN - SECOND FLOOR. A3:P3 ENLARGED PLANS RESTROOMS y A3.04 ENLARG °ED` PLAN -AND DETAILS` STAIRS. AIRS, ELEVATOR. A3. PROOF PLAN UVolfberg Alva - rez & Partners Pagel ARCHITECTURE (c6hfinued ) ` A3 Q6" FURNkTURE PLAN - E L-EVAT I ON S: _ -- - u :A5 01 CROSS SECTIONS A5 02 WALL SECTIONS' A5 03 WALL: SECTIQNS „ A6 0.1`' 'REFLECTED CEILING PLAN - FIRST FLOOR' A6 024;.. _ _..: _. REFLECTED CEILING PLAN SECONp: FLOOR ::__ _ ` = - - - -- - - -_- -- A7 „01. - PARTITION _TYPES - - - -- A8.0l _ - D,ETAI LS : -- _ A8 03`= DETAILS MAT DOOR SCH'ED.ULE AND DETAILS: A9 02 SC.HED.ULE- AND - DETAILS :____ = INTERIM ELEVATIONS , STRUCTURAL 51:01 GENERAL NOTES 51:02' DESIGN V1/ {ND ;PRESSURE VVALLS - S;1:03 _ - - WIND PRESSURE- ROOF - - - -- _ S2 0:1 FOUNDA .:lQN % SLAB ON GRADE PLAN, ND FLOOR FRAMING_ PLAN_._ .._____- _-=- .------- _________ -_ S2:03 ROOF- FRAMING PLAN - -- - _ -- - - -- - - - -- - -- -- - S4 0`1 DETAILS S4.02 DETAILS .:S4.033 S5.0:1 BEAWSC'HEDULE` PLUMBING P3 01 PLUMBING _ FIRST FLOOR,.PLAN P3 ,02 PLUMBING. - SECOND f LOO:R PLAN P1.03 PLUMBING ROOF PLAN 04.0"1 PLUMBING ;ENLARGED PLANS P5:01 ISOMETRICS P& `NOTES, 'DETAELS, AND SCHEDULES P,ROPERTY,MANAGENIENT FACILTY DRAWING INDEX k Wolfberg AlvarezA. Partners Page 2 r. MECHANICAL LEGEND- _ M 1.01 - M- 01 FLOOR. PLAN. -FIRST FLOOR PLAN, M':3 02 FLOOR. PLAN - SECOND FLOOR.PLAN M3. ROOF ;P 03` LAN. W 01 SCHEDULES M8 01`- - =- - DETAILS -- -- _ .. - - -- - - - M&D3 DETAILS ELECTRICAL - DEMOLITION.AND.REMOVAL -PLAN GENERAL NOTES, SYMBOL LEGENDJ- ._:_ �.- _ ._:. _ ._. _.. - - - - E1.01 ELECTRICAL, PLAN LIGHTING E1.02.'_ -... _ ELECTRICAL SITE PLAN E3.01 ELECTRI:CAL.LIGHTING FLOOR PLAN;= FIRST FLOOR._ ------------- E3.02------- ELECTRLCAL LCGHTING- FLOOR­P_.LAN.- SECO.ND_FLQOR- E4 01:' ELECTRICAL.POWER FLOOR: PLAN ,FIRST FLOOR _ __ -- - _. E4.,.02 ELECTRICAL POWER FLOOR KLAN - .SECOND,FLOQR.. 01 -- RISERS DETAILS E9.01 PANEL SCHEDULES . . FIRE PROTECTION F04.01 SITE AND FIRST FLOOR .PLAN; FRI -02 SECOND FLOOR PLAN: FP11.03, RI -SER, SCHEDULES:, AND DETAILS PROPERTY MANAGEMENT FACILTY DiRAWI'NG CNDEY UVolfberg Alvare- &.Partners. Page 3 EXHIBIT VIII THIS EXHIBIT REFERS TO THE GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ISSUED WITH THE CM CONTRACT 38 OOXXX. GENERAL CONDITIONS 1. Project Manual 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed Jn strict" accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 1.3 Dimensions given in figures are to hold preference over scaled measurements from the drawings however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 1.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 2. Intention of City It is the intent of City to describe in the Contract Documents a functionally complete . Project. (or part. thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce -the intended. result shall be supplied by Contractor whether or not specifically called for. When words which have a well -known technical or trade meaning are used to describe work, materials or equipment, such words shall be. interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws. or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply :therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 3. Preliminary Matters 3.1. Within five (5) calendar days prior to the pre- construction meeting d_ escribed in Section 3.2, Contractor shall submit to Consultant for Consultant's review and acceptance: 3:1.1 A project "Base Line" schedule, one (1) copy on a CD and' One (1) hard copy (activities arranged in "waterfall "), in the indicated form for Final review and approval: E) Bar Chart. O Modified .CPM *) CPM N Computerized CPM* the latest edition Primavera P3 . software (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The. Use of CPM in Construction. ") CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to. normal work activity input, -input that encompasses all submittal approvals., delivery durations for important materials and /or equipment, and Logic relationships of activities including 'physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P3 . software. CONTRACTOR shall provide PROGRAM MANAGER with a copy of the software. The preliminary Base Line project schedule when .submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly,. CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month. CONTRCTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY. .In addition to. the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions /deletions to activities. It is strongly recommended that CONTRACTOR hire a seasoned professional, in the use of Primavera P3, to develop and update the Primavera P3 project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead- schedule for review and discussion and monthly be prepared to discuss any: 1) -Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. The Project Schedule shall be . the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work _becomes more than (30) days behind schedule CONTRACTOR shall be required to submit. a . "Make -Up" schedule to PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up ". within, thirty (3) days. CONTRACTOR shall provide, at CITYOF MIAMI BEACH DATE: March 2011 2. CONTRACTOR'S cost, the necessary additional, labor and or equipment necessary to make -up the lost time. Failure to provide a "Make -Up" schedule or vigorously follow the "Make -Up" schedule shall be reason to default CONTRACTOR. 3.1.2 After award but prior to the. submission of the final progress schedule, CONSULTANT, Contract Administrator- and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 3.1.3. A preliminary schedule of Shop Drawing submissions; and 3.1.4. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of- items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will _include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. } Such prices shall_ be broken down to. show labor, equipment, materials and overhead and profit. 3.1.5. After award but prior " to the 'submission of the progress schedule, Consultant,. Contract Administrator and Contractor shall . meet with all utility owners and secure from them a. schedule of utility relocation, provided, however, neither Consultant nor City, shall be responsible for the nonperformance by the utility 3.2.. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract. Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss. procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the. parties as to the Work. 3.3. Within thirty -five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor , Consultant and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty -five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM* review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor CITYOF MIAMI BEACH DATE: March 2011 3 relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to- Consultant* as 'providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to Consultant as to form and substance. 4. Performance Bond and Payment Bond Within fifteen.(15) calendar days of being notified the award, Contractor shall furnish a Performance Bond. and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710, and 00720. 4.1. Each Bond shall - be in the amount of one hundred percent (100 %) of the Contract Price guaranteeing to City the completion and performance of the work-covered in, such Contract as well as full payment of all suppliers,' laborers, or subcontractors employed pursuant to this Project. Each. Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100 %) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City; correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may. be amended from time to time, Contractor, shall ensure that the bond(s) referenced above shall be recorded' in the . public records of Miami -Dade County and provide City with - evidence of such recording. 4.4.; Alternate Form of Security In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached. hereto as Form 00735. ' Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same .conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 5. Qualification of Surety 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond - must be executed by a - surety company of recognized standing, authorized to do business in the State of Florida as surety, T having a resident agent in the State of Florida and having. been in business with a record of successful continuous operation for at least five (5) years. CITYOF MIAMI BEACH DATE: March 2011 4 5.1.2. The surety company shall hold a current certificate of authority as. acceptable surety on federal bonds in accordance with United States Department of Treasury Circular.570, Current Revisions. If the amount of - the Bond exceeds, 'the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting: limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with. Treasury Circular 297, revised September 1, 1978 , (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 5.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom: of the :Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety, company acceptable to the City, only, if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: . Policy- Financial . holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B± Class 1,000,001 to 2,000,000 B+ Class 11 2,000,001 to 5,000,000 A . Class 'III 5 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50 or more A Class VII 5.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum. surplus and capital required by the Florida Insurance! Code at the time the invitation to bid is issued, if the surety company, is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States - Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from. time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted- with . the. Bid Bond and also with the Performance Bond and Payment Bond. 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. CITYOF MIAMI BEACH DATE: March 2011 5 6. ' Indemnification 6.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from, liabilities, damages, ' losses, . and costs,. including, but not limited to reasonable attorney's fees, to the extent caused 'by the negligence,. recklessness or intentional wrongful - misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action; or proceeding. These indemnifications shall survive the term of this Agreement. In the, event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 6.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense,. at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be 'brought against City whether performed by Contractor*, or persons employed or utilized by Contractor. 7. Insurance Requirements . 7.1. Without limiting any of the other obligations. or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by City (or for such duration as - is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1 Workers' Compensation insurance. to apply 'for all employees in ' compliance with the "Workers Law" of the State of Florida and all applicable federal laws. In .addition, the policy(ies) must include: 7.1.11. Employers' Liability with a limit of One Million Dollars .($1,000,000.00) Dollars ($) each accident. 7.1.1.2. If any operations are, to be. undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act: 7.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence,. combined single limit for Bodily Injury Liability.and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition .of the Comprehensive General Liability. policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X ] 7.1.2.1. Premises and /or Operations. CITYOF MIAMI BEACH DATE: March 2011 6 [ X ] 7.1.2.2. Independent Contractors. [ X ] 7.1.2.3. Products and /or. Completed Operations for contracts over Fifty Thousand Dollars. ($50,000.00) Contractor shall maintain in force until at least three years after completion of, all work required under the Contract, coverage for Products and Completed .Operations, including Broad Form Property Damage. [ X ] 7.1.2.4. Explosion, Collapse and Underground Coverages. [ X ] 7.1.2.5. Broad Form Property Damage. { X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and /or indemnification agreement. [ ] 7:1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. X] 7.1.2.8.City is to be expressly included as an Additional Insured with respect.to liability arising out of operations performed for City by or on behalf of Contractor, or. acts or omissions of Contractor in connection with general supervision of such operation. 7.1.3., Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single Limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non -Owned Vehicles. 7.1.3.3. Employers' Non- Ownership. (Not Applicable to this bid) j X ] 7.1.4. Builder's Risk insurance for the construction of and /or addition, to aboveground buildings or structures is /is not required. The coverage ; shall be "All Risk" coverage for 100 percent of the completed value, covering City as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. .7.1.4.1. Waiver. of Occupancy Clause or Warranty -- Policy must be specifically endorsed to eliminate any "Occupancy, Clause" or similar warranty or representation that- the building(s), CITYOF MIAMI BEACH DATE: March 2011 7 t addition_ (s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structures) by City. [ ] 7 Flood Insurance- -When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of - the total insurable value of such buildings or structures, or, the maximum amount. of flood insurance coverage available. under the National Flood Program. [ ] 7.1.5. Installation Floater for the' installation of machinery and /or equipment into an existing structure is /is not required. The coverage shall be "All Risk'.' coverage including installation and transit for 100 percent of the "installed replacement cost value," covering City as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.5.1. Cessation of Insurance -- Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by City. 7.1.5.2. Flood Insurance- -When the machinery 'or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of . such buildings . or structure, or, the maximum amount of .flood insurance coverage. available under the National Flood Program. 7.2. If the initial insurance expires prior,to the completion of the work, renewal copies of policies shall be furnished at least .thirty (30) days prior to the date of their expiration. 7.3.- Notice of Cancellation and /or Restriction- -The policy(ies) must be endorsed to provide City with at least thirty (30) days. notice of cancellation and /or restriction. 7.4. Contractor shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) .calendar days after notification of award of the Contract. The. required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain. the information set forth in Form 00708. t. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. CITYOF MIAMI BEACH DAT'E': March 2011 g 8. Labor and Materials 8.1. Unless otherwise provided herein; . Contractor shall provide and pay for all materials, labor, .water, tools, equipment, light, power, transportation and other facilities and services necessary for the. proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not. employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 9. Royalties and Patents All fees, royalties,- and claims for any invention, or pretended inventions, or patent of any . article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 10. Weather Extensions to the Contract Time for delays caused, by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only `when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50 %) , of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor,' and providing that Contractor was unable .to work at least fifty percent (50 %0) of the normal workday on controlling items of work identified on the accepted schedule or updates. 11.. Permits, Licenses and Impact Fees 11.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured. and paid for by Contractor. It is Contractor's responsibility to have and maintain. appropriate Certificate(s) of .Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work 4 is to be performed for all persons working on the Project for whom a Certificate of Competency is required. CITYOF MIAMI BEACH DATE: March 2011 .9 1 Impact fees levied by the City and /or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 12. Resolution of Disputes 12.1 To prevent all disputes . and Litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise, relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract -Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. -Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty -one (21) . calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty- one (21) calendar days from the date of the submission of the < claim, question, difficulty or dispute, unless Consultant requires additional. time to .gather information or allow the parties to provide additional information. All non technical administrative disputes shall be determined. by the Contract Administrator pursuant to the time periods provided herein. During .the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate -any potential damages including utilization of construction schedule changes and alternate means, of construction. 12.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after -Final Completion of the Work,, the parties shall participate in mediation lo. address -all objections 'to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 13. Inspection of Work 1.3.1. 'Consultant and City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. CITYOF MIAMI BEACH DATE: March 2011 10 13.1.1. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall, give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing, shall be made promptly, and, where practicable, at the source of supply.. If any of the Work should be covered up without approval or consent of Consultant, - it must, if required by Consultant, be uncovered for examination and properly restored at Contractor's expense. i 13.1.2. Reexamination of any of the Work may be ordered by Consultant with prior written approval by,-the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. .1f such Work is found to be in accordance with the Contract - . Documents, City shall pay the cost of reexamination and replacement by means of a Change Order.. If such : 'Work is not in accordance' with the Contract Documents, Contractor shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract. Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 13:3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, .and any such act on the part of Contractor will constitute a breach of this Contract. 14. Superintendence and Supervision 14.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full -time competent . English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The .superintendent shall not be changed except with the written . consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions. given to the .superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work,' using its best skill and attention. 14.2. Daily, Contractor's superintendent shall record, at a minimum, the following information in a bound log: , the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, _labor, personnel, equipment and ;subcontractors at the Project site; visitors to the Project site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for CITYOF MIAMI BEACH DATE: March 2011 11 the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available' at all times for inspection and copying by City and Consultant. .14.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the. Work to review and agree upon the work 'performed to date and to establish the controlling items of work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. .14:4. If Contractor, in the course of prosecuting the Work, finds any, discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be Contractor's duty to- immediately inform Consultant, in'writing, and Consultant will promptly, review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 14.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such- skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction: 15. Cites Right to Terminate Contract 15.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and. unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor . shalt fail to perform any *material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy. or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract . Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor , within a period of five (5) calendar days after such notice, ' shall not proceed in accordance therewith, then City may upon written certificate from Consultant of the fact of 5 such delay, neglect or default and Contractor's failure to comply with such. notice, terminate the services of Contractor , exclude Contractor from the Project site and take the prosecution of the Work out of the hands of Contractor , and appropriate or use any or all materials and .equipment on the Project site as may be suitable and acceptable. In such case, Contractor shall not be entitled to receive any further payment until the Project is completed. In addition City may . enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Project in an CITYOF MIAMI BEACH DATE: March 2011 12 acceptable manner.. All damages, costs and charges incurred by City, together with the costs of completing the Project, shall deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed the unpaid balance, then ,Contractor shall be liable and shall pay to City the amount of said excess. 15.2. If after notice of termination of Contractor's right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. 15:3. This Contract may be terminated for convenience in writing by City upon ten (10) days written notice to Contractor (delivered by certified mail, return `receipt requested) of intent to terminate and the .date on which such termination. becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by Contractor relating to commitments which had become-firm prior to the - termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination. pursuant to Sections 15.1 or 15.3 above, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether, completed or in process. 16.. Contractor's Right to Stop Work or Terminate Contract Should Consultant fail to review and approve or state. in writing reasons - for nonapproval of any Application for Payment within twenty (20) days after it is presented; or if City fails either to pay Contractor within thirty (30) days after presentation by Consultant of any sum certified by Consultant, or to notify Contractor and Consultant in writing of any objection to the Application for Payment, then Contractor may, give written notice to City and Consultant of such delay, neglect or default, specifying the same. If City or Consultant (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or - default upon which the notice is based,, then Contractor may stop work or terminate this Contract and recover from City payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by City to an Application for Payment shall be submitted to Consultant in accordance with the provisions of Article 12 hereof. 17. Assignment Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become. due to it hereunder, without the previous written consent of the Mayor and City Commission. CITYOF MIAMI BEACH DATE: March 2011 13 18. Rights of Various Interests r Whenever work being done by City's forces or by other contractors is .contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work`in general, harmony. 19. Differing Site Conditions In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from* those shown on'the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract. Documents, Contractor , without disturbing the conditions and before performing any work affected by such conditions shall, within twenty -four (24) hours of their discovery, notify City and Consultant in writing of the `existence of the aforesaid conditions. ' Consultant and City shall, within two (2) business days after receipt : of Contractor's written notice,. investigate the site conditions identified by Contractor. If, in- the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's ,cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. , If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance. with the provisions of Article. 12. Should Consultant determine that the conditions of the Project site are not so materially different to. justify a change 'in the terms of the Contract, Consultant shall ' so notify City. and Contractor in Writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the- Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No - request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made - after the date certified by Consultant as the date of substantial completion. 20. Plans and Working Drawings City, through Consultant, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. CITYOF MIAMI BEACH DATE: March 2011 14 21. Contractor to Check Plans, Specifications and Data Contractor shall verify all dimensions, quantities and details shown on the plans., specifications or other data received from Consultant, and shall notify Consultant of all, errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission . or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 22. Contractor's Responsibility for Damages and Accidents 22.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. - 22.2. Contractor shall be, responsible' for all materials, equipment and supplies pertaining to the Project. In the event any-such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 29. 23. Warranty Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. 'if required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 24... Supplementary Drawings 24.1. When, in the-opinion of Consultant, it becomes necessary to explain the Work to be. done more fully, or to illustrate the Work further, or to show any changes. which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 24.2.' The supplementary drawings shall be binding upon. Contractor, with the -same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. ' Defective Work 25.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either CITYOF MIAMI BEACH DATE: March 2011 15 correct all defective work or remove such defective work and replace it with nondefective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and. personnel. 25,2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be, necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and. fully, City may declare Contractor in default 25.3.. If, within one (1) year after the date of substantial completion or such longer period 'of time as may be prescribed by the terms of any applicable special; warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, - Article 23 hereof and any claim regarding latent defects. 25.4. Failure to reject anydefective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 26. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Subcontracts 27.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 27.2: Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by. its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any CITYOF MIAMI BEACH DATE: March 2011 16 • I subcontractor. City or Consultant. may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed.. 27.3. Contractor agrees - to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. C�enirdntqin shall peFfeFm the Work 27:4. less +harp 75% peFGent of the ('`entFaGt Drino 28. Separate Contracts 28.1;. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons..reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of Contractor's Work' depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and - report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 28.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable. to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall. at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Completed Portions 29'.1 City shall have the right at its sole option to take possession of and use any - completed or partially completed portions of the Project. Such. possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended - by Consultant and approved by City. 29.2. In the event City takes ,possession. of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. CITYOF MIAMI BEACH - n DATE: March 2011 . 17 r 29.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request, inspection and issuance of a Certificate .of Substantial Completion in the form attached hereto. as 00925 from Consultant. 29.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area.. 29.2:4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final_ acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a final Certificate of Payment relative to the occupied area. 29.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the' property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor .and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30 Lands for Work 30.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 30.2. Contractor shall provide, at Contractor's .own expense and without liability to City,' any additional, land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written, permission obtained by Contractor ;from the owners of such facilities. 31. Legal Restrictions and Traffic Provisions Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, 'hours of work and Contractor's general operations. Contractor shall. conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. CITYOF MIAMI BEACH DATE: March 2011 18 32. Location and Damage to Existing Facilities, Equipment or Utilities 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all.lines are shown, or that the ones indicated are in their true location. It shall be the Contractor El responsibility to identify and locate all underground and overhead utility lines' or equipment affecting or affected by the Project. No additional paymerit will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as'a result thereof. 32.2. The Contractor' shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange -for positive underground location, relocation or support of its utility where that utility may , be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for. the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor "for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines: 32.3.. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities: The Contractor shall coordinate its activities with any and all public and private utility providers occupying the .right -of -way. No compensation will, be paid to the Contractor for any loss of time or delay. 32.4. All overhead, surface or underground structures and. utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 31 Value Engineering Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which, will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in. the Contract Price -or Contract Time.. By making a request for substitution,. Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's'. review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the CITYOF MIAMI BEACH DATE: March 2011 19 net dollar savings shall be shared equally between. Contractor and City and shall be processed as a deductive Change Order. City may require Contractor. to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34: Continuing the Work Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work. shall not be delayed or postponed pending resolution of any disputes or disagreements. 35. Changes in the Work or Terms of Contract Documents 35.1. Without invalidating the Contract and without notice to any surety City reserves and sha!l have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may - be considered necessary or desirable to complete fully and acceptably the . proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change.,Orders: 35.2. Any changes , to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity, prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only. by City as hereinafter provided. 36., field Orders and Supplemental Instructions 36.1. The Contract. Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order, involves no change in the Contract Price or the Contract Time. 36.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or. interpretations concerning- the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract .Price or the Contract Time. 37. Change Orders 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or ,the .Contract Time, "shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. CITYOF MIAMI BEACH DATE: March 2011 20 37.2:. AII- changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000. or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value 'of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory, adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a . Change Order has not been . issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 12 hereof. During the pendency of -the dispute; and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and' Contract Administrator in writing within seven (7) calendar .days of Contractor's agreement or disagreement with the method, if. any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. .37.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City: 38. Value of Change Order Work 38.1. The value of any work covered by, a Change Order or of any claim for an increase or-decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered . by unit prices contained in the Contract Documents,. by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum, which Contractor and City acknowledge contains . a component for overhead and profit. k 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by. Contractor in the proper performance of the Work described in the Change Order.. Except as otherwise may be agreed to in writing by City, such costs shall be in .amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. CITYOF MIAMI BEACH DATE: March 2011 21 u. 38.2.1. Payroll costs for employees in the direct employ Hof Contractor in the performance of -the work described in the Change Order under. schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time. on the work covered by the Change Order. shall be apportioned on the basis of their time spent on ,the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers or workmen � 's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included. in the above to the extent authorized by City. 38.2.2. Cost of .all materials and equipment furnished and incorporated in the work, including costs of, transportation and storage . thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts . shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall, accrue to City and Contractor shall make provisions so that they may be obtained.. Rentals of all construction equipment and machinery and the parts thereof whether, rented from Contractor or others in accordance with rental agreements approved by' City .with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which . bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the, basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor 'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the `performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: CITYOF MIAMI BEACH DATE: March 2011 22 38.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at. the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the : property of Contractor 38.2.5.3. Sales, use, or similar taxes related to .the work, and for which Contractor is liable, imposed .by any governmental authority. 38.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost, of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, -telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required. because of changes in the work. 38.3: The term 'cost of the work" shall not include any of the following: 38.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and. sole proprietorships), - general managers, engineers, architects, -estimators, lawyers, auditors, accountants, purchasing and - contracting agents, expediters, timekeepers, clerks and other 'personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by Contractor's fee. 38.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. CITYOF MIAMI BEACH DATE: March 2011 23 383.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for del inquent.payments. 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by' the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in -the work. 38.3.5. Costs due to the negligence or neglect' of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or,. equipment wrongly, supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. Contractor's fee. allowed to Contractor for. overhead and profit shall be determined as follows: 38.4.1. A mutually'acceptable fixed fee.or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, Contractor's fee shall not exceed ten percent (10 %). 38.4.2.2. For' costs incurred under Section 38.2.3, Contractor's fee shall not exceed seven and one half percent (7.5 %); and if a subcontract is on the basis of, cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not -exceed ten percent (10 %); and 38:4.2.3. No fee shall be payable on the. basis of costs itemized under Sections 38.2:4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease. in cost, will be the amount of the actual net decrease.. When both additions and - credits are involved in any one change, the combined overhead and profit, shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. DATE: March 2011 CITYOF MIAMI BEACH 24 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price_ is increased or decreased by more than ,twenty percent (20 %) from the quantity of such . work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition; credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 38.8.1. Breakdown shall Fist the quantities and unit prices - for materials, labor, equipment and other items of cost. 38.8.2. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and. each Subcontractor'shall be itemized separately. 38.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." 39. Notification and Claim for Change of Contract Time or Contract Price .39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract. Administrator and to Consultant within five (5) calendar days of the commencement of , the event giving rise to the claim and stating the general 'nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written , notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period. of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price 'shall be determined by Consultant in accordance with Article 12 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED 1F NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or, negligence of Contractor if a claim_ is made therefore as provided in Section 39.1. Such delays shall include; but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, `abnormal weather conditions or acts of God. CITYOF MIAMI BEACH DATE: March 2011 25 40. No Damages for Delay No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of 'any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind -from City for direct, indirect, consequential, impact or other costs;. expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because.. of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or. unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages. by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall 'be entitled only to extensions of, the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41.. Excusable Delay; Compensable; Non - Compensable 41.1 Excusable. Delay. Delay which extends the completion of the Work .and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of. the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as .provided in Article 39 hereof. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non- compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time; (ii) is caused by circumstances beyond the control of the Contractor or . its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad -faith or active interference on the part of- City or its agents. In no event ` shall Contractor be compensated for interim delays which do not extend the.Contract Time. - Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the Contractor shall be liquidated m.a daily basis for each day the Contract. Time is delayed due to _a Compensable Excusable Delay. These CITYOF MIAMI BEACH DATE: March 2011 26 liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be one thousand four hundred dollars _($1,400) per day for each calendar day the Contract. is delayed due to a Compensable Excusable Delay. (b) Non- Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the. control of the City or Consultant, or (ii) is caused jointly orconcurrently,by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Completion When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so notify City and Consultant in writing. Consultant and City shall, then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance;' and shall list all Work' yet 'to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective. work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with. the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion 'of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for, their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest Any monies not paid by City when claimed to be due to . Contractor under this Agreement, including, but.not limited to, any and all claims for contract damages of any type,- shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop Drawings 44.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show. the suitability, DATE: March 2011 CITYOF MIAMI BEACH 27 efficiency, technique of manufacture, installation requirements, details of .the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within thirty (30) calendar days after the Project Initiation Date specified in *the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents.. This procedure is required in order to expedite final approval of Shop Drawings. 44.1 After the approval of the list of items required in Section 44.2 above, Contractor shall promptly request -Shop Drawings from . the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 444. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show. this approval - thereon. 44.5. If the Shop. Drawings show or indicate departures from the Contract requirements, Contractor' shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 44.6. Consultant shall review and approve . Shop Drawings within fourteen (14) calendar days from the date received, .unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings. will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work .required by the Contract Documents and not indicated on the Drawings. No work called for by. Shop Drawings shall be performed until -the said Drawings have been approved by Consultant. Approval shall. not relieve Contractor. from responsibility for errors or omissions of any sort on the Shop Drawings. 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and /or are interdependent where necessary to .properly evaluate the design. It is Contractor's. responsibility to assemble the Shop Drawings for all such interconnecting and /or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings -are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. Contractor shall submit, the number of. copies required' by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. CITYOF MIAMI BEACH DATE: March 2011 28 44.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 45. Field Layout of the Work and Record Drawings 45.1. The entire responsibility for establishing and maintaining line and grade in the field, lies with Contractor. Contractor, shall maintain an accurate and precise - record of. the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare . .record or "as- built drawings of the same which. are sealed by a' Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be' made on reproducible paper and shall be delivered to Consultant prior to and as a.condition of, final payment. 45.2. Contractor shall maintain in a� safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications. in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the. Project and prior to Final Payment, these record documents, samples and Shop - Drawings shall be delivered to. the Contract Administrator. .45.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record, drawings or as- built drawings acceptable to Consultant. 46. Safety and Protection 46.1. Contractor shall be solely responsible .for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who 'may be affected thereby; 46.1.2 All the work and all materials or equipment to be incorporated therein, . whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or ,adjacent thereto,' including trees, shrubs, lawns, walks, pavements, roadways, - structures and utilities not designated for removal, relocation or replacement in the course of construction. CITYOF MIAMI BEACH DATE: March 2011 29 46.2. Contractor shall comply -with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to *any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly,. in whole or in part, by Contractor, any'Subcontractor or anyone directly or indirectly employed by any of them or anyone 'for whose. acts any of them may be liable, shall be remedied by' Contractor . Contractor's duties and responsibilities for the safety and protection of the work shall continue until_ such time as all the Work is _ completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated. in writing by Contractor to City. L 1 47 .FiRal Bill of Materia+lc• ef al! , FnateF;a!S with a uRit GOSt f9F eaGh FnateFial and the total shall agree with unit.606ts 48. Payment by City for Tests Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State' of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. . 49. Proiect Sign Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines' 50. Hurricane Precautions 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor,, at no cost to the City; shall take all precautions necessary to secure the Project site in response to ail threatened storm events, regardless of whether the City or Consultant has given notice. of same. CITYOF MIAMI BEACH DATE: March 2011 30 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. , GeReFal 50.4. Suspension of the Work caused, by a threatened or actual storm event, regardless of whether the City has directed such suspension,, will entitle the Contractor -to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleaning Up; Cites Right to Clean Up: Contractor shall at all times keep the - premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of. the Project, Contractor, shall' remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor .fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to. Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 52. Removal of Equipment In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act Contractor. shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations. under this Agreement. Contractor ..shall affirmatively comply with all . applicable provisions of the Americans with Disabilities Act (ADA) in the course of .:providing any services funded by City, including Titles I and 11 of the ADA . (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. Contractor shall not engage in. or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services - pursuant to this - Agreemente CITYOF MIAMI BEACH DATE: March 2011 31 54. Proiect Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts,of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and ' accounting records of Contractor which. relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available-to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy -two (72) hours written notice. CITYOF MIAMI BEACH DATE: March 2011 32 EXHIBIT IX RISK ASSESSMENT PLAN The Construction Manager agrees to abide by the attached Risk Assessment Plan ; dated May 9; 2011, pursuant to the CUs proposal submitted in response to "RFQ# 21- 10/11. ® f S. RISK- ASSESSMENT PLAN (RAP) IIA� BEAC Purpose Identify the various risks associated with Assessment and Remediation (CAR) Contractor. the project and preplan actions to minimize their, to further document the soil for construction effect on the budget, schedule and the City's and prepare a viable plan to address any issues expectations /evaluate possible added value in a manner that does not negatively impact options -to see itthey could.be incorporated into the project. Depending on the presence,-level the project to enhance the final project. and type of toxins the building and parking foot print can serve to environmentally cap adverse Risk 1: Construction operations along adLacent soil conditions. In addition; any unsuitable soil north property line in relation to the access drive to such as muck, concrete etc. will be'removed the Route 66 Car-. Wash - All north wall construction and addressed with quality material - per plan will be done with -in the project parcel and specification. The site - is located within - a' F.E.M.A. a temporary construction easement with Route. 66 flood zone, requiring a finish floor elevation Car Wash will not be needed. Communication; is much - higher than the current terrain. This will safety and temporary. fencing will be important.. play a rolelin the site development plan , and the . The wall .installation is on the critical construction construction of the -north building Wall. We will first path of the building construction. The north side determine if the existing underground utilities are in of, the.project parcel abuts Route. 66 Car Wash. good condition by contacting the utility companies = - The entrance drive for -this business is used on a,-.- - - and- assessing their life and- position.- These utilities -- daily bases to allow access to cars serviced in the are the infrastructure for the new building - water, rear bays. Special coordination with the property sewer and fire lines. If there are any questions'as owner to ensure that their business is not disrupted_ the accuracy_ of the information provided we will will be required.. This will ensure that the proposed perform test pits to confirm options. demolition operation and new building construction ' are performed in a safe and productive manner, Risk 4: Expediting the Permit Schedule to Ensure and that concerns surrounding methods of no Delays Pirtle Construction takes a proactive construction are resolved during pre - construction approach with permitting agencies. We typically activities. visit with the City's Building Department_and Project - Manager to ensure that the proper documentation - - Risk 2 : - -MOT Construction -- Delivery Coordination - = - -- - - is- submitted -and forms- are - filled out- correctly-to- - -�---- and Construction Parking Managing the City ensure the process is not delayed. The City Building of. Miami Beach's transportation system requires Department typically performs a courtesy review balancing the needs of many users on Bay Drive. of the design documents at the 90% CD level. This The needed project fill,. equipment delivery, and highlights any major issue before the architect and construction parking coordination, if done properly engineers have completed their design. We will, will not impact -the transportation system of the also put, together a .permit log to ensure that all the adjacent business and roadway users. During all necessary permits are accounted for and that we phases of construction, Pirtle staff is trained 'and allocate the appropriate time each so that the follows. FDOT's Maintenance of Traffic and Work start of construction is not impacted. Zone Traffic Control Standards and Specifications for Construction. Traffic will be maintained and Risk 5: Construction stcaina, temporary facilities operable at all times during construction with and parking - Review the site to determine the the 'use`of flagman and an approved plan for proper placement.of the temporary facilities such delivery of construction equipment and materials. as trailer, water, power and material lay down In addition, Pirtle has begun to contact the area. Consider the way that we will construct the surrounding property owners to secure enough new building to ensure that time and money is not, parking spaces for our construction workers due to wasted moving these temporary facilities more the limited on- site.construction parking and the lack than necessary. Since there is no room for on- of use of the adjacent unfinished parking garage. site construction parking and the parking garage will not be completed prior to construction, we Risk 3: Subsurface Soil Conditions and Existing Utilities will contact the surrounding property owners to Conditions - If results from the City of Miami Beach's secure enough parking spaces for our. construction Phase I Environmental Assessment indicates the workers. This is an item that will be done early in' presence of toxins in the soil, Pirtle Construction pre - construction to prevent impact on the daily will enlist the services of a qualified Contamination production. ���e 52 RFQ #€2.1 -10/ 1 1 PROPERTY /�v ANAGEME -N�r FA,ctuTy, J - RISK -ASSESSMENT PLAN (RAP) AMBEAC Risk 6: Hazardous Materials Monoaement Buildina/ Risk 10: Good Neiahbors During Construction - The Site - Pirtle will, enlist the services of a qualified construction process Can be inconvenient and Contamination and Remediation Contractor (CAR) invasive for the surrounding community. Pirtle to remove all hazardous and petroleum product Construction has a Good Neighbor Policy that containers within the existing building and prepare the we follow to minimize the inherent problems that needed asbestos survey before demolition. This report construction activities exhibit. Things such as dust is also needed in order to procure the demolition control, hours of operation, coordinating delivery permit. In the event that the report findings prove schedules vs. peak traffic times, noise control, site that there are in fact asbestos containing materials security fencing, warning signs, proper maintenance (ACM) or other hazardous materials, a plan will be of traffic, flagmen and coordination with generated to, properly mitigate those items to. ensure subcontractors will be performed ahead of time. Pirtle everyone's safety and-enacted tor minimize delays also has a'24/7 hotline and 6community outreach to the schedule. In addition, and if needed, the planning process that will be implemented and will CAR contractor will - assess capping the site may also complement any of the above- mentioned risks "be required due to: historic soil data and adjacent _ and solutions: - property uses with the needed fill for the required FEMA elevation,-the proposed building footprint and Value Added Submittal Items - pavement __,.__._ ._,.- -_..__ -_ _ -- ____ _ --- V.A.S: 1 + -Pirtle Construction- has an. in -house LEED Coordinator who is dedicated to only our LEED Risk 7 :* Hurricanes are a valid concern here in projects and is well versed in all aspects of LEED and - South Florida _- v Generate a site'specific hurricane the USGBC submittal processes both from the design preparedness plan that-can be enacted in the event side and the construction side. We have analyzed of a hurricane. Coordinate with the - City of Miami the LEED scorecard provided in Addendum #01 and Beach's Hurricane Plan and requirements. Ensure feel that it is feasible to achieve Gold with some minor that the project is properly insured in the event of a loss changes. Please see the attached. LEED scorecard and that the deductible is at a level where the City is which reflects 62 points attempted.. comfortable. _ There would not be any additional cost and there ---- - Risk 8:- Overhead - Power -fines -and -- Utility - Cables- . - -- = -- -- would- not -be -any - effect on- the - schedule: Alon_a East / South ProgertX - Minimum setbacks for the new structure in relation to the of the V.A.S. 2: + Pirtle Construction can offer the City, who existing power lines will be assessed. The routes and is a tax exempt entity, the benefits of a Direct Owner ownership of these lines will be determined with FPL Purchase Program. This is typically 1 ' /4 %O saving on the and other utilities that may be involved. If existing overall contract value. We will walk the client through . easements are in place they will be evaluated to the process step by step. determine who is responsible. A constructability review . with safety in mind will occur to ensure that we meet .$43,750 credit for tax savings based on $3,500,000 all OSHA standards with respect to work distances. advertised budget with no'effect on the schedule. Investigate options for relocation and effects to adjacent properties. A confirmation of the power V.A.S. 3: + Building Information Modeling (B.I.M.) is an source location feeding the new FPL transformer will option which we can provide on this project. We have' ensure a cost effective solution is achieved. an in house B.I.M. Coordinator who is dedicated to this effort. B.I.M. is a strategic project approach that Risk 9: Tree Miti_ aq tion - There are several existing sabal applies a consistent set of business and technology palm trees on this site. A tree survey will most likely solutions that support the collaborative creation, be required to document them and a mitigation management, dissemination and use of building plan produced for approval by the City. Since there information from concept to implementation. is limited space for landscaping on this site and the entire site is needed for construction purposes, The cost varies based upon the level desired and relocation of the palms to another City site is the most if coordinated correctly with'the Team, should not viable option. We will evaluate other possible solutions affect the schedule. with the . City such as a tree bank, where the owner puts in money to account for the displaced trees and Please refer to page 29 for roject schedule. the City finds a park to enhance. Page s3, RFQ' #21 --10/ 1 1 PROPERTY I�rt�,XAGEMIENa Fa,CCL�� . cc PROPOSAL DOCUMENTS PURSUANT TO RFC # 21- 10/1.1 . 40 _ C PROPOSER INFORMATION Submitted by : Mike Geary, Executive Vice President Proposer (Entity); , amps B. Pirtle Construction Company dba Pirtle Construction Company i Signature: Name (Printed): Mike Geary, Exe u ive Vice President Address: 175 SW 7 Street, Suite 1906 - City /State: Miami, FL 33130 Fax: 954.797 - 6330 E mike @pirtleconstruction.com - It is understood and agreed by Proposer that the City reserves the right to reject- any and z alt-Proposals; to on all items- or any items according -to the best interest of the_�Cit and to_.a a�de::_an a_ -irre .ular tees _in._. the RFQ o_r_.en_ the, Pro _osals, received- as a; - result of the R FQ. It is also understood and.agreed by the Proposer that by submitting a ' proposal, Proposer shall be deemed to understand and agree, than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation /selection process until and unless a contract has been agreed to and signed by both parties. zz May 9,. 2011 r (Autheiz.ed,S gnature) (Date) Mike Geary, Executive Vrce'President (Printed Name) . t�f i r F May 5, 201,1 RFQ No: 21 -10/11 City of Miami Beach 36 of 54 Page 56 E i� . i i REQUEST FOR QUALIFICATIONS NO. 21- 10/11 ACKNOWLEDGMENT OF ADDENDA Directions: Complete�Part I or Part II, whichever applies. Part 1: Listed below are the dates of issue for each Addendum received in connection with this RFQ: Addendum No. 1, Dated April 27, 2011 Addendum No. 2, Dated May 2, 201 Addendum No. 3 Dated May 3, 2011 Addendum No. 4, Dated May 5, 2011 Addendum No. 5, Dated -Part 11-:­ - -__ -_ - -. -_ -- _.- ._ ..:No. addendum - was - received - in - connection with RFQ. Verified with Procurement staff Kenneth Patterson May 9, 2011 Name of staff Date Mike Geary, Executive Vice President May 9, 2011 Proposer Name Date Signature May 5, 2011 RFQ No: 21- 10/11 City of Miami Beach 37 of 54 - - - -- - - -- _!_�_— Page 57, STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94 -2960 No. 21 -10 /11 Contract No. Project Title Construction Manager at Risk Fir to Provide Pre- Const ruction Services and Construction Services V A Guaranteed Maximum Price (GMP) Amendement for the Property Management Facility The undersigned CONTRACTOR hereby: swears under penalty of perjury that, ' during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, - have been paid at wage rates,, and I that the wage rates of payments,, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-.2960 and the applicable conditions of the Contract. James B. Pirtle Construction Company dba Dated May 17 20 Pirtle Construction Company C ntract By: _ Si nature -B Mike Geary, Executi a ice President (Print Name and Titl florida STATE OF ) SS COUNTY OF Miami -Dade The foregoing instrument was _acknowledged before me this 17th day of May 2011 by Mike Geary, Executive Vice President who is personally - ..:known to me --- or -- who has produced -_- - - __. as identification-and who did /did not take an oath. WITNESS my hand and official seal, this 17th day of M ; 20 1 1. (NOTARY SEAL) (Signature of person tak i66 acknowledgment) ,o� ?y LAURA DUPY ' MY COMMISSION # DD 905986 EXPIRES: August 20, 2013 Darrell Lipman ''• odd Bonded Thru Notary Public Underwriters (Name of officer .taking acknowledgment) (typed, printed or stamped) Controller (Title or rank) Not applicable (Serial number, if any) My commission expires: August 2 0, 201 We are committed to providing excellent public service and sateIty to all who live, -work, and play in our vibrant, tropical, historic community.