Agreement w/ Calvin, Giordano & Assoc. X0/2 -����/
n
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
CALVIN, GIORDANO & ASSOCIATES, INC.
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
FOR THE
DESIGN, BID, AWARD, AND CONSTRUCTION ADMINISTRATIVE SERVICES FOR THE MIDDLE BEACH
RECREATIONAL CORRIDOR PHASE II PROJECT
Resolution No. 2 d 2 ' 2 G/
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CITY APPROVED A & E FORM (AUGUST 2010)
TABLE OF CONTENTS
DESCRIPTION PAGE
ARTICLE 1 DEFINITIONS 2
ARTICLE 2. BASIC SERVICES 7
ARTICLE 3. THE CITY'S RESPONSIBILITIES 13
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 16
ARTICLE 5. ADDITIONAL SERVICES 17
ARTICLE 6. REIMBURSABLE EXPENSES 18
ARTICLE 7. - COMPENSATION FOR SERVICES 19
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 20
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 21
ARTICLE 10. TERMINATION OF AGREEMENT 22
ARTICLE 1.1. INSURANCE 23
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 24
ARTICLE 13. ERRORS AND OMISSIONS 25
ARTICLE 14. LIMITATION OF LIABILITY 26
ARTICLE 15. NOTICE 26
ARTICLE 16. MISCELLANEOUS PROVISIONS. 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
SCHEDULE G INSURANCE AND SWORN AFFIDAVITS 39
SCHEDULE H BEST VALUE AMENDMENT 40
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CITY APPROVED A & E FORM (AUGUST 2010)
ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139'.
1.2 CITY COMMISSION: "City Commission shall mean the governing and legislative body of the
City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The
City Manager shall be construed to include any duly authorized representatives designated in writing
(including the Project Coordinator) with respect to any specific matter(s) concerning the .Services
and /or this Agreement (exclusive of those authorizations reserved to the City Commission or
regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the
Services, and /or this Agreement).
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications No. 20-
10/11, entitled "Design, ,Bid, Award, .and Construction Administrative Services for the Middle . Beach
Recreational Corridor Phase II Project" issued by the City in contemplation of this Agreement, together
with all amendments thereto (if any), and the Consultant's proposal in response thereto (Proposal),
which is incorporated by reference to this Agreement and made a part hereof; provided, however, that
in the event of an express conflict between the Proposal Documents and this Agreement, the
,Agreement shall prevail.
1.5 CONSULTANT: The named entity on page'1 of this Agreement, the "Consultant" shall mean the
architect /engineer who has entered into a contract with the City to. provide the Services described .
under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed
to include any officers, employees, sub- consultants, agents, and any other person or entity acting
under the supervision, direction, or control of Consultant. Any sub - consultants retained by Consultant j
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=
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consultant's. Any such contracts shall contain provisions that preserve and protect the. rights of the
City -under this Agreement. Nothing contained in this Agreement shall create any contractual !�
r elationship between the City and sub- consultants. Any approval of a sub - consultant by the City shall'
not, in any way, shift the responsibility for the quality and acceptability by the City of the services -
performed by the, sub- consultant, from the Consultant to City. Payment of sub - consultants shall be the
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CITY APPROVED A & E FORM (AUGUST 2010)
responsibility of .the Consultant, and shall not be cause for any increase in compensation to the
Consultant for payment of the Basic Services. The quality of services and acceptability to the City of .
the services performed by such sub - consultants shall be the sole responsibility of Consultant.
The following sub - consultants are hereby approved .by the City Manager for the Project:
Botek Thurlow Engineering, Inc. (Coastal Engineering);
Masuen Consulting, LLC (Irrigation); and
Langan Engineering and Environmental Services, Inc. (Geotechnical Engineering)
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1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual designated in
writing by the City Manager who shall be the City's authorized representative to coordinate, direct, and.
review (on behalf of the City) all matters related to the Project during the design and construction of the
Project (unless expressly provided otherwise in this Agreement or the Contract Documents).
1.7 [Intentionally Omitted]
1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform
in accordance with the terms of the Agreement (and as required to complete the Project), as further
described in Article 2 and Schedule "A" hereto. In addition any Services not specifically addressed as
Additional Services (as defined herein) shall be considered Basic Services.
1.9 PROJECT: The "Project" shall mean that certain City capital project that has been approved by
the City Commission and is described in Schedule "A" hereto.
1.9.1 Project Cost The "Project Cost ", shall mean the estimated total cost of the Project, as
prepared and established by the City, including the estimated Construction Cost and Soft Costs.
The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion,
to accommodate approved modifications or changes to the Project or scope of work.
1.9.2 Project Scope The 'Project Scope" shall mean the description of the Project in`Schedule
"A" hereto.
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1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the actual total
cost to the City of the Work (as established in the Contract Documents, as they may be amended from
time to time), including a contingency allowance for unforeseen conditions, not to exceed ten percent
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CITY APPROVED A & E FORM (AUGUST 2010)
(10 %) of the construction cost for new construction, or twenty percent (20 %) of the construction cost for
rehabilitation of historic buildings.
T. For Work not 'constructed, the Construction Cost shall be the same as the lowest bona fide bid or
competitive bid received and accepted from a responsive and responsible bidder or proposer for such
Work.
1.10.1 Construction Cost Budget The "Construction Cost Budget" shall mean the amount
budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto.
1. 10.2 Statement Of Probable Construction Cost The "Statement of. Probable Construction
Cost" shall mean the latest approved written estimate of Construction Cost submitted by
Consultant to the City, in a format approved by the Project Coordinator.
For Work which bids or proposals have not been let, the Statement of Probable Construction Cost
shall be the same as the Construction Cost.
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible
force occasioned by violence in nature without the interference of human agency such as hurricanes,
tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in
Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement;'
or other causes beyond the parties' control which have, or may be reasonably expected to have, a
material adverse effect on the Project, or on the rights and obligations of the parties under this
Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid;
provided, however, that inclement weather (except as noted above), the acts or omissions of sub -
consultants /sub - contractors, market conditions, labor conditions, construction industry price trends, and
`similar matters which normally impact on the construction process SHALL NOT be considered a Force
Majeure.
If the Consultant is delayed in performing any obligation under this Agreement due to a force majeure
the Consultant shall request a time extension from the Project Coordinator within five (5) business days
of said force majeure. Any time extension shall be subject to mutual agreement and shall not be cause
for any claim by the Consultant for extra compensation, unless additional services are required, and,
approved `pursuant to Article 5 hereof.
1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation,
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CITY APPROVED A & E FORM (AUGUST 2010)
joint venture, or other, entity contracting with City for performance of the Work covered in the .Contract
Documents.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all
exhibits, addenda, and written. amendments issued, thereto), and the documents prepared by Consultant
in accordance with the requirements of the Scope of Services in Schedule "A" hereto (that form the
basis for which the City can receive bids for the Work included in the documents). The Contract
Documents shall also, include, without limitation (together with all exhibits, addenda, and written
amendments issued thereto), the invitation to bid (ITB), instructions to bidders,, bid form, bid bond, the
Contract for Construction, surety payment and performance bonds, Conditions of the Contract for
Construction [General, Supplementary, and other Conditions], Divisions 0 -17, Construction Documents,
an approved Change Order(s), approved Construction Change Directive(s), and /or approved written
order(s) fora minor change in the Work.
1.14 CONTRACT FOR CONSTRUCTION; "Contract for Construction" shall mean the legally binding
agreement between City and with Contractor for performance of the Work covered in the Contract
Documents.
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall-mean the final plans,
technical specifications, drawings, documents, and diagrams prepared by the Consultant pursuant to
this Agreement, which show the locations, characters, dimensions and details of the Work to be done,
and which are part of the Contract Documents.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to- the
Agreement approved by the City (as specified below) and executed between City and Consultant,
covering changes, additions, or reductions in the'terms of this Agreement including, without limitation,
authorizing a change in the Project, or the method and manner of performance thereof,- or an
adjustment in the fee and /or completion dates.
Contract Amendments shall be approved by the City Commission if they exceed twenty -five thousand
dollars ($25,000.00) or the City Manager if they are twenty -five thousand dollars ($25,000.00) or less j
(or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contract Amendments for less than twenty -five thousand ($25,000.00), the City
Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any
such Contract Amendment.
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CITY APPROVED A & E FORM (AUGUST 2010)
1.17 ADDITIONAL SERVICES: - "Additional Services" shall mean those services, in addition to the
Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and which
have been dilly authorized, in writing, by the City Manager or his authorized designee, prior to
commencement of same.
1.18 WORK: "Work" shall mean all labor„ materials, tools, equipment, services, methods,
procedures, etc. necessary or convenient to performance by Contractor of all duties and obligations
proposed by the Contract Documents.
1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant
performed pursuant to or undertaken under this Agreement.
1.20 SOFT COSTS:. "Soft Costs" shall mean costs related to the Project other than Construction
Cost- including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing,
general consultant, financing, and permitting4ees, etc.
1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents
recommended by the Consultant (and approved by the City) as being within the Construction. Cost.
Budget. "Base Bid" shall not include Additive Alternates or Deductive Alternates.
1.22 SCOPE OF SERVICES: °Scope ' of Services shall include the Project Scope, Basic
Services, and any Additional Services (as approved by the City), all as described in Schedule "A"
hereto.
1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement
-and referred to as follows:
Schedule A — Scope of Services.
Schedule B — Consultant Compensation.
Schedule C — Consultant Hourly Billing Rate Schedule.
Schedule D — Construction Cost Budget.
Schedule E — Project Schedule.
Schedule F — General Conditions of the Contract for Construction
Schedule G — Insurance Requirements and Sworn Affidavits
Schedule H - Best Value Amendment
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CITY APPROVED A& E FORM (AUGUST 2010)
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, ' as required by the Contract
Documents and as set forth in Schedule "A" hereto.
2.2 The Services will be commenced upon issuance of the first Notice to Proceed which shall be
issued by the Project Coordinator and counter- signed by Consultant. Subsequent Notices to Proceed
shall also be issued by the Project Coordinator.
A separate Notice to Proceed shall be required prior to commencement of each Task (as same
are set forth in subsection 2.5.1 through 2.5.4 and Schedule "A" hereto).
2.3 As it relates to the Services and the Project, Consultant warrants and represents to.City that it
is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the
jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes,
and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami -Dade
County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws "). As they relate
to the. Services and to the Project, the Consultant agrees to comply with all such Applicable Laws,
whether now in effect or as may be amended or adopted from time to time, and shall further take into
account all known pending changes to the foregoing of - which it should reasonably be aware.
-Recognizing that the construction of other projects within the City may affect scheduling of the
construction for the Project, the Consultant shall diligently coordinate performance of the Services with
the City (through the Project Coordinator) in order to provide for the safe, expeditious, economical and
efficient completion Hof the Project, without negatively impacting concurrent work by others. The
Consultant shall coordinate the Services with all of its sub - consultants, as well as other consultants,
including, without limitation, City provided consultants (if any).
2.4 The Consultant warrants and represents to City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised in the
design of comparable projects in South Florida. Consultant warrants and represents to the: City that it
is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the
Services., Consultant warrants and represents to City that it is responsible for the technical accuracy
of ,the .Services (including, without limitation, the Design Documents contemplated in Schedule "A"
hereto).
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CITY APPROVED A & E FORM (AUGUST 2010)
2.5 The Consultant's Basic Services shall consist of four (4) Tasks (inclusive of planning, design,
bidding /award, construction administration, and Additional Services [as may be approved]), all as
further described in Schedule "A" hereto; and shall also include any and all of Consultant's
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responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the
Contract for Construction (attached as Schedule "F" hereto).
2.5.1 Planning Services
Consultant shall provide planning services for the Project, as required by the Contract
Documents and as set forth in Task 1 of Schedule "A" hereto (entitled "Planning Services ").
2.5.2 Design Services
Consultant shall prepare Design Documents for the Project, as required by the Contract
Documents and as set forth in Task 2 of Schedule "A" hereto (entitled "Design Services ")
2.5.3 Bidding And Award Services
Consultant shall provide bidding and award services for the Project, as required by the Contract
Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding and Award
Services").
2.5.4 Construction Administration Services
Consultant shall provide construction administration services for the Project, as required by the
Contract Documents and as set forth in Task 4 of Schedule "A" hereto (entitled "Construction
Administration Services").
If required (and so approved) by the City, Consultant shall provide Additional. Services, as provided
and as approved in Article 5 hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and /or approvals issued
by the City shall not constitute nor be deemed a release of the responsibility and - ;liability of the
Consultant (or of any of its officers, employees, sub - consultants, agents, and /or servants), for the
accuracy and competency of its /their designs, working drawings, plans, technical specifications, or
other technical documents, nor shall such approval and /or decisions be deemed to be an assumption
of such responsibility by the City for a defect, error or omission in designs, working drawings, plans,
technical specifications, or other technical documents; provided, however, that the Consultant shall be
entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished
by the City pursuant to this Agreement.
CITY APPROVED A & E FORM (AUGUST 2010)
2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this
respect, the parties agree as follows:
2.7.1 Term The term of this Agreement shall commence upon execution by the parties
(subject to approval of the Agreement by the Mayor and City Commission), and as set forth in the
Effective Date on page 1 hereto, and shall be in effect until all Services are completed or until the
work and /or services under the Notices to Proceed in force at the end of the stated period of time
have been completed and the Services accepted, whichever may be later.
2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the
standard of professional skill and care required by this Agreement, and the orderly progress of the
Work.
2.7.3 The Services shall be performed in a manner that shall conform with the approved
Project Schedule, attached to as Schedule "E" hereto. The Consultant may submit requests for
an adjustment to the Project Schedule, if made necessary because of undue delays resulting from
untimely review taken by the City (or other governmental- authorities having jurisdiction over the
Project) to approve the Consultant's submissions, or any other portion of the Services requiring
approval by the City (or other governmental authorities having jurisdiction over the Project).
Consultant shall immediately provide the Project Coordinator with written notice stating the reason
for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a .
revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and
such other documentation as the Project Coordinator may require), the Project Coordinator may
grant a reasonable extension of time for completion of the particular work involved, and authorize
that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's
approval (if granted) shall be in writing.
2.7.4. Nothing in this Section 2.7 shall prevent the City from exercising its rights to terminate
the Agreement, as provided elsewhere herein.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working
relationship with the Project Coordinator, Contractor, and any and all other individuals and /or firms that
have been contracted, or otherwise retained, to perform work on the Project.
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CITY APPROVED A & E FORM (AUGUST 2010)
2.9 The Consultant shall perform its duties under this Agreement in a competent, timely and
professional manner, and shall be responsible to the City for any failure in its performance, except to
the extent that acts or omissions by the. City make such performance impossible.
The Consultant is responsible for the professional quality, technical accuracy, completeness
performance and coordination of all work required under the Agreement (including the work performed
by sub - consultants), within the specified time period and specified cost. The Consultant shall perform
the work utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient
consulting with respect to the disciplines required for the performance of the work in the State of
Florida. The Consultant is responsible for, and shall represent to City that the, work conforms to City's
requirements, as set forth in the Agreement. The Consultant shall be and remain liable to the City for
all damages to the City caused by the Consultant's negligent acts or errors or omissions in the
performance of the work. In addition to all other rights and remedies, which the City may have, the
Consultant shall, at its expense, re- perform all or any portion of the Services to correct any
deficiencies which result .from the Consultant's failure to perform in accordance with the above
standards. The Consultant shall also be liable for the replacement or repair of any defective materials
and equipment and re- performance of any non - conforming construction services resulting from such
deficient Consultant services for a period from the Effective Date of this Agreement, until twelve (12)
months following final acceptance of. the Work, and for the period of design liability required �by
applicable law. The Project Coordinator shall notify the Consultant, in writing of any deficiencies and
shall approve the method and timing of the corrections. Neither the City's inspection, review, approval
or acceptance of, nor payment for, any of the work required under the Agreement shall be construed to
relieve the Consultant (or any sub- consultant) of its obligations and responsibilities under the
Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of
action arising out of the performance of the Agreement. The Consultant and its sub- consultants shall
be. and remain liable to the City in accordance with Applicable Laws for all damages to City caused by
any failure of the Consultant or its 'sub- consultants to comply with the terms and conditions of the
Agreement or by the Consultant or any sub - consultants' misconduct, unlawful acts, negligent acts,
errors or omissions in the performance of the Agreement. With respect to the performance of work by
sub- consultants, the Consultant shall, in approving and accepting such work, ensure the professional
quality, completeness, and coordination of the sub- consultant's work.
2.9.1. The Consultant shall be responsible for deficient, defective services and any resulting
deficient, defective construction services re- performed within twelve (12) months following final
acceptance and shall be subject to further re- performance, repair and replacement for twelve
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,CITY APPROVED A & E FORM (AUGUST 2010)
(12) months from the date of initial re- performance, not to exceed twenty -four months (24) from
final acceptance.
2.9.2 Consultant Performance Evaluation The Consultant is advised that a performance
evaluation of the work rendered throughout this Agreement will be completed by the City and
kept in the City's files for evaluation of future solicitations.
2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for
review to other consultants (engaged by the City at its expense) any or all parts of the Services and
the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review,
or consider any work performed by Consultant (including, without limitation, contractors, other design
professionals, and /or other consultants retained by the City), the intent of such requirement is to
enable the Consultant to receive input from others' professional expertise to identify any
discrepancies, errors or omissions that are inconsistent with industry standards for design or
construction of comparable projects; or which are inconsistent with Applicable Laws; or which are
inconsistent with standards, decisions or approvals provided by the City under this Agreement.
Consultant will use reasonable care and skill, in accordance and consistent with customary
professional standards, in responding to items identified by other reviewers -in accordance with this
subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation
(and where applicable), via a set of marked -up drawings and specifications. Consultant shall address
comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as
possible under the circumstances, taking into account the timelines of the Project Schedule.
2.11 [intentionally Omitted]
2:12 Consultant agrees that when any portion of the Services relates to a professional service
which, under-Florida Statutes, requires a license, certificate of authorization, or other form of legal
entitlement to practice and /or perform such Service(s), it shall employ and /or retain only qualified duly
licensed certified personnel to provide same.
2.13 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of the
first. Notice to Proceed, a qualified licensed professional to serve as its project manager (hereinafter
referred to as the "Project Manager "). The Project Manager shall be authorized and responsible to act
on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the
Services. Consultant's Project Manager (as well as any replacement) shall be' subject to the prior
Written approval of the City Manager or his designee (who in this case shall be the Project
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CITY APPROVED A & E FORM (AUGUST 2010)
Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be
made without the prior written approval of the City Manager or his designee (i.e. the Project
Coordinator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from
the City Manager or his designee (which notice shall state the cause therefore), to promptly
remove and replace a Project Manager, or any other personnel employed or otherwise retained
by Consultant for the Project ( including, without limitation, any sub- consultants).
2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non -
public information concerning the Services or the Project, without the prior written consent of the City
Manager or his designee (who shall be the Project Coordinator), unless such disclosure is incident to
the proper performance of the Services; or the disclosure is required pursuant to Florida Public
Records laws; or, in the course of judicial proceedings, where such information has been properly
subpoenaed. Consultant shall also require its employees and sub - consultants to comply with this
subsection.
2.15 The City and Consultant acknowledge that the Services do not delineate every detail and minor
work task required to be performed by Consultant to complete the Project.., If, during the course of
performing of the Services, Consultant determines that work should be performed to complete the
Project which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated
in the Scope of Services, Consultant shall promptly notify the Project Coordinator, in writing, and shall
obtain the Project Coordinator's written consent before proceeding with such work. If Consultant
proceeds with any such additional work without obtaining the prior written consent of the Project
Coordinator, said work shall be deemed to be within the original Scope of Services, and deemed
included as a Basic Service (whether or not specifically addressed in the Scope of Services). Mere
notice by Consultant to the Project Coordinator shall constitute authorization or approval by the
City to perform such work. Performance of any such work by Consultant without the prior written
consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability.
2.16 Consultant . shall establish, maintain, and categorize any and all Project documents and,
records pertinent to the Services and shall provide the City, upon request, with copies of any and all
such documents and /or records. In addition, Consultant shall provide electronic document files to the
City upon completion of the Project.
2.17 The City's participation in the design and construction of the Project shall in "no way be deemed
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CITY APPROVED A& E FORM (AUGUST 2010)
to relieve the Consultant of its professional duties and responsibilities under the.Contract Documents
or under Applicable Laws.
2.18 GREEN BUILDING STANDARDS:
The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter
100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in
Energy and Environmental Design (LEED) compliance requirements.
2.19 SUB- CONSULTANTS: All services provided by sub- consultants shall be consistent
with those commitments made by the Consultant. in its Proposal and during the competitive solicitation
selection process and interview. Such services shall be undertaken and performed pursuant to
appropriate written agreements between the Consultant and the sub - consultants; which shall contain
provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in
this Agreement shall create any contractual relationship between the City and the sub - consultants.
The Consultant shall not retain, add, or replace any sub - consultant without the prior written approval of
the City Manager, in response to a written request from the Consultant stating the reasons for any .
proposed substitution. Any approval of 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 by the sub
consultant from the Consultant to the City. The quality of services and acceptability to the City of the
services performed by sub-consultants shall be the sole responsibility of Consultant. The Consultant
shall cause the names of sub - consultants responsible for significant portions of the Services to be
inserted on the plans and specifications.
ARTICLE 3. THE CITY'S. RESPONSIBILITIES
3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's
authorized representative to coordinate, direct, and review all matters related to.this Agreement and
the Project during the design and construction of same (except unless otherwise expressly provided in
this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without
limitation) to transmit instructions, receive information, and interpret and define City policies' and
decisions with respect to the Services and the Project. However, the Project Coordinator is not
authorized to issue any verbal or written orders or instructions to Consultant that would have the affect
(or be interpreted ashaving the effect) of modifying or changing, (in any way) the following:
a) the Scope of Services;
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CITY APPROVED A & E FORM (AUGUST 2010)
b) the time within which Consultant is obligated to commence and complete the,Services; or
C) the amount of compensation the City is obligated or committed to pay Consultant.
: 3.2 The City shall make available to Consultant all information that the City has in its possession
pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such
information available to Consultant, the City makes no express or implied certification, warranty,
and /or representation as to the accuracy or completeness of such information. The Consultant
understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems
necessary all information furnished by the City, and that it is solely responsible for the accuracy and
applicability of all such information used by Consultant. Such verification shall include, without
limitation, visual examination of existing conditions in all locations encompassed by the Project, where
such examination can be made without using destructive measures (i.e. excavation or demolition).
Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the
reliability of the information.
3.3 [Intentionally Omitted]
3.4 At any time, in his /her sole discretion, the City Manager may furnish accounting, and insurance
counseling services for the Project (including, without limitation, auditing services to verify the
Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment
_ due to its sub - consultants or vendors).
3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non-
conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt
written notice thereof to the Consultant.
3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render
any administrative approvals and decisions required under this Agreement, in writing, as reasonably
expeditious for the orderly progress of the Services and of the Work. No City administrative
(proprietary) approvals and /or decisions required under this Agreement shall be unreasonably
conditioned, withheld, or' delayed; provided, however, that the City shall at all times have the right to
approve or reject any such requests for any reasonable basis.
3.7 The. City Commission shall be the final authority to do or to approve the following actions or
conduct, by passage of an enabling resolution or amendment to this Agreement:
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CITY APPROVED A & E FORM (AUGUST 2010)
3.7.1 Except where otherwise expressly noted in the Agreement, or the Contract
Documents, the City Commission shall be the body to consider, comment upon, or approve
any amendments or modifications to this Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or approve any
assignment, sale, transfer or subletting of this Agreement. Assignment' and transfer shall be
defined to also include sale of the majority of the stock of a corporate consultant.
3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from
administrative decisions of the City Manager or the Project Coordinator. In such cases, the
Commission's decision shall be final and binding upon all parties.
3:7.4 The City Commission shall approve or consider all Contract Amendments that exceed
the sum of twenty five thousand dollars ($25,000.00) (or other. such amount as may be
specified by the City of Miami Beach Procurement Ordinance, as amended).
3.8 Except where otherwise expressly noted .in this Agreement, the City Manager 'shall serve as the
City's primary representative to whom administrative (proprietary) requests for decisions and
approvals required hereunder by the City shall be made. Except where otherwise expressly noted in
this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations
which may include, without limitation, proprietary review, approval, or comment upon the schedules,
plans, reports, estimates, contracts, and other documents submitted to the City by Consultant.
3.8.1 The City Manager shall have prior review and approval of the" Project Manager (and
any replacements) and of any sub - consultants (and any replacements).
3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on
matters arising pursuant to this Agreement which are not otherwise expressly provided for in
this Agreement. In his /her discretion, the City Manager may also consult with the City
Commission on such matters.
3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required,
to reallocate monies already budgeted toward payment of the Consultant; provided,
however, that the Consultant's compensation (or other budgets established by this
Agreement) may not be increased without the prior approval of the City Commission, which
approval (if granted at all) shall be in its sole and reasonable discretion.
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CITY APPROVED A & E FORM (AUGUST 2010)
3.8.4 [Intentionally Omitted]
3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum
of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by.
the City. of Miami Beach Purchasing Ordinance, as amended); provided that no such
amendments increase any of the budgets established by this Agreement.
3.8.6 The City Manager may, in 'his /her sole discretion, form a committee or committees, or
inquire of, or consult with, persons for the purpose of receiving advice and
recommendations relating to the exercise of the City's powers, duties, and responsibilities
under this Agreement or the Contract Documents.
3.8.7 The City Manager shall be the City . Commission's authorized representative with
regard to acting on behalf of the City in the event of issuing any default notice(s) under this
Agreement, and, should such default remain uncured, in terminating the Agreement
(pursuant to and in accordance with Article 10 hereof).
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in Schedule
"D", attached hereto.
4.2 Consultant shall certify'and warrant to the City all estimates of.Construction Cost prepared by
Consultant.
4.3 Consultant shall warrant and represent to the City that its review and evaluation of the
Construction Cost Budget, Statement of Probable Construction Cost, and any other cost estimates
prepared (or otherwise provided) by Consultant for the Project, represent Consultant's best judgment
as an experienced design professional familiar with the construction industry; provided, however, that
Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any
estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by
Consultant.
4A The Construction Cost Budget (as established in Schedule "D" hereto) shall not be exceeded
- without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which
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CITY APPROVED A & E FORM (AUGUST 2010)
- are beyond the control - of the parties, Any expenditure above this amount shall be subject to prior City -
Commission approval .which, if granted at all, shall be at the sole and reasonable discretion of the City
Commission. The City. Commission shall have' no obligation to approve an increase Jn the
Construction Cost Budget and, if such budget is exceeded, the City Commission may; at its sole and
reasonable discretion, terminate this 'Agreement (and the remaining Services) without any further
liability to.the.City.
4.5 If the lowest and best base bid exceeds the Construction Cost Budget by more than five percent
(5 %), the City Commission may, at its sole option and discretion, elect any of the following options: (1)
approve an •increase to the Construction Cost Budget; (2) reject all -bids, and (at its option) authorize
rebidding of the Project; (3) 'abandon the Project and terminate the remaining Services without any _
further liability to the City; (4) select as many Deductive Alternatives as maybe necessary to bring the
lowest and best bid within the Construction Cost Budget; or (5) work with the, Consultant to reduce the
Project Scope; construction schedule, sequence of Work, or such other action, as deemed necessary,
to reduce the Construction Cost Budget. In the event.the City elects to reduce the Project Scope, the
Consultant shall provide any required revisions to the Contract Documents (including, without
limitation, the Construction Documents), and provide re- bidding services, as many times as reasonably,
requested by' the City, at no additional cost to the City, in order to ,bring any resulting, responsive
and responsible bids within, five, percent (5 %) of the Construction -Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 ' Additional Services shall only be performed.by Consultant following receipt of written authorization
by the Project Coordinator (which authorization •must be obtained prior to commencement of any such
additional work by Consultant). The written authorization shall contain a.description of the Additional
Services required; an hourly fee (in accordance with the rates in Schedule "C" hereto), with a "Not to
Exceed" amount; Reimbursable Expenses (if any) with.- a "Not to Exceed amount; the amended
Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an
=amended Project Schedule (if'applicable). "Not to Exceed" shall mean the maximum- cumulative hourly
fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses
allowable), which the Consultant shall not exceed without further written authorization of the Project
"Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work
requested (or,, in the case of Reimbursables, for the expenses), and all costs applicable to same shall'
be verifiable through time sheets (and, for Reimbursables, expense reviews).
5.2 Additional Services may include, but not be limited to, the.following;
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CITY APPROVED A & E FORM (AUGUST 2010)
5.2'1 Providing additional work relative to. the Project which, arises from subsequent
circumstances and causes which do not currently exist, or which are not contemplated by
the parties at the time of execution of this Agreement (excluding circumstances and causes
resulting from error, omission, inadvertence, or negligence of Consultant).
5.2.2 Serving as an expert witness in connection with any public hearing, arbitration
proceeding,, or legal proceeding, unless the subject matter at issue has arisen from the error
omission, inadvertence, or negligence of Consultant.
5.2.3:[Intentionally Omitted]
5.2.4 Assistance in connection with bid protests, re- bidding or re- negotiating contracts
(except for Contract Document revisions and re- bidding services required under Section 4.5
hereof, which shall be provided at no additional cost to City).,
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual
expenditures made by the Consultant in the interest of the Project. The• Reimbursable Expenses
allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City. Any
money not directed to be used by City for. Reimbursable Expenses shall remain with the City (i.e.
Unused portions will not be paid to Consultant).
Notwithstanding the above, any Reimbursable Expenses in excess, of $500 must be authorized, in
advance, in writing, by the Project Coordinator. Invoices or vouchers for Reimbursable.Expenses.shall
be submitted to the Project Coordinator (along with any supporting receipts and other back -up material
requested •bythe Project Coordinator). Consultant shall certify as to each such invoice and /or- voucher
that the amounts and items claimed as reimbursable are "true and correct and in accordance`with the
Agreement."
6.2 'Reimbursable Expenses may include, but not be limited to, the following:
6.2.1 Cost of reproduction, courier, and postage. and handling. of .drawings, plans,
specifications, and other Project documents (excluding reproductions for the office use of,
the Consultant and its sub consultants, and courier, postage and handling costs between
the Consultant and its sub = consultants).
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CITY APPROVED A & E FORM (AUGUST 2010)
6.2.2 Costs for reproduction and preparation of graphics for community workshops.
8.2.3 Permit fees.required by City of Miami Beach regulatory bodies having jurisdiction
over the Project (i.e. City permit fees).
ARTICLE 7. COMPENSATION FOR SERVICES
7. 1, Consultant's "Not to Exceed" fee for provision of the Services shall be $529,629.61, with a
Reimbursable Expenses allowance of $10,400.00.
7:2 Payments for Services shall be made within forty -five (45) calendar days of receipt and approval
of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the
Services satisfactorily performed, so that the payments for Services never exceed. the progress
percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-
up shall be allowed on subcontracted work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth
in Schedule "C," attached hereto. Any request for payment. of Additional Services shall be included
with ..a Consultant payment request. No mark -up shall be allowed on Additional Services (whether
sub- contracted or not).
7.4: Approved Reimbursable- Expenses shall be paid in accordance with Article 6 hereto, up to the
"Not to Exceed" Reimbursable allowance amount in Schedule "B" hereto. Any request for payment of
Reimbursable Expenses shall also be included with Consultant's payment request. No mark -up shall -
be•allowed on Reimbursable Expenses.
7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive approved
and'executed by the City Manager, adjust the fees included din the Hourly Billing Rate Schedule in
Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a year to year basis.
Such adjustment will be based on the cumulative change of the CPI for ,the. Miami urban area,
provided that in no event shall any the annual increase exceed three percent (3 %).
7.6 No retainage.shall be made from the Consultant's compensation on account of sums withheld by
the•Cityon payments to Contractor. i
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CITY APPROVED A - & E FORM (AUGUST 2010)
7.7 METHOD OF BILLING AND PAYMENT.. Consultant shall invoice the Project Coordinator in a
timely manner, but no more than once on a monthly basis. Invoices. shall identify the nature and
extent of the work performed;- total hours of work performed by employee category; and the
,respective hourly billing rate associated therewith. In the event sub - consultant work is used, the
percentage of completion shall be identified. Invoices shall also'itemize.and summarize any Additional
Services and /or Reimbursable Expenses. A copy of the written approval of the Project Coordinator for
the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice.
7.7.1 If requested, Consultant shall provide. back -up for past and current invoices that
records hours for all work (by employee category), and cost itemizations for Reimbursable
Expenses (by category).
7.7.2 ' The City shall pay .Consultant within forty -five (45) calendar days' from receipt and
approval of an acceptable invoice by the Project Coordinator.
7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior .
written approval of the City Manager before disbursement of same.
` ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.1 All books, records (whether :financial or otherwise), correspondence, technical documents, and
any other records -or documents related.to the Services and /or'Project will be available -for examination
and audit by the City Manager, or his /her authorized representatives, at Consultant's office (at the' -
address designated in Article 15 [ "Notices"]), during custom ary'business hours. All such records shall
be kept at least for a period of three (3) years" after Consultant's completion of the Services.
Incomplete or incorrect entries in such records and` accounts relating personnel services and
expenses may grounds for City's disallowance of any fees or expenses based upon such entries.
Consultant shall 'also, bind its sub- consultants to the requirements of7 this Article and ensure
'compliance therewith
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings,
= calculations, specifications, models, photographs, reports, surveys, investigations, and any other
documents (whether completed or partially completed) and copyrights thereto for Services performed
20
CITY•APPROVED A & E'FORM (AUGUST 2010) ,
or produced in the performance.of this Agreement, or`-related to the Project, whether in paper, or other '
hard copy medium or in electronic medium, except with respect to copyrighted_ standard details. and
designs owned by the Consultant or owned by a third party and licensed. to the Consultant for use and.
reproduction, shall become the property of the City. Consultant shall deliver all such documents to the
Project Coordinator within thirty (30) days of completion, of the Services (or within thirty (30) days of
expiration or earlier termination of this.Agreement as the case may be). However, the City may grant
an exclusive license of the copyright to the Consultant for ` reusing and reproducing. copyrighted
materials or portions thereof as authorized by the City Manager in advance and in. writing, In addition,
the Consultant shall not disclose, release, or make available any document, to any third party without- .
prior written approval from the City Manager. The Consultant shall warrant to the City that it has been
granted a license to use and reproduce any standard details and designs owned by a third. party and
used. or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein
shall be deemed to exclude any document from Chapter 119, Florida Statutes.
9.2 The _Consultant is permitted to reproduce copyrighted material described above subject to prior.
,written approval of the City Manager.
9.3" At the City's option, the Consultant may be authorized, as an Additional Service, to adapt
Copyrighted material for additional or other work for the City; however, payment to the Consultant for
such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt
the original copyrighted material•to a new site.
9.4 The City shall have the right to modify the Project or any components thereof without permission
from the Consultant or without any additional compensation to the Consultant. The Consultant shall
be released from any liability resulting from such modification.
9.5 The - Consultant shall bind all sub - consultants to the Agreement requirements for re -use of plans
and specifications.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 TERMINATION FOR LACK OF FUNDS :` The City is a governmental entity and is subject to the
appropriation of funds by its legislative body in an amount sufficient to allow continuation of its
performance in accordance with the terms and conditions of this Agreement. In the event there is a
lack of, adequate funding either for the Services or the Project (or both), the City ,may terminate this
Agreement without further liability to the City.
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CITY APPROVED A & E FORM (AUGUST 2010)
10.2 TERMINATION FOR CAUSE:. ' The City, through the City Manager, may terminate this
Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates.
any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the
performance of the Services or any portion thereof; or'(3) does not perform the Services or any portion
thereof in a timely and satisfactory manner. In the case of termination for, cause by the City the
`Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial
written notice of defaultfrom.the City).'
10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole
option and discretion, may take over the remaining Services and complete them by'
contracting, with another consultant(s), or otherwise. The Consultant shall be liable to the City
for any additional cost(s) incurred by the City due to such termination. "Additional Cost is
defined as the difference between the actual cost of completion :of the Services, and the cost
of completion of such Services had the Agreement not been terminated.
10.2.2 In the event of termination for. cause by the City, the City shall only be obligated to
pay Consultant for those Services satisfactorily performed and accepted prior to the date of
termination (as .such date is set forth in, or can be calculated from,. the City's initial written
default notice). Upon payment of any amount which 'may be due to Consultant pursuant to
this subsection 10.2.2, the City shall have no further liability to Consultant. .
10.2.3 As a condition precedent to release of any payment which may be due to Consultant
under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project
Coordinator any and all Project documents prepared (or caused to be prepared) by
Consultant(including, without limitation,, those referenced in subsection 9.1 hereof). The City
shall not be responsible for any cost incurred by Consultant for assembly, copy, and /or
delivery of Project documents pursuant to this subsection.
10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the
_ City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior
written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole
discretion) it deems such termination to be in the best interest of the City. In the event the City
terminates the Agreement for convenience, Consultant shall be compensated for all Services
satisfactorily performed and accepted up to the termination date (as set forth in the City's written
notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Pro_ ject
22 .
CITY APPROVED A & E FORM (AUGUST 2010)
documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due '
to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant.
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate -this Agreement for
cause', upon thirty (30) days prior written notice to the City, in the' event that the City, willfully violates
any provisions of this Agreement or unreasonably delays .payment of the Services or any portion
thereof In the event of a termination for'cause by Consultant, the City shall pay Consultant for any .
Services satisfactorily performed and accepted up to the date of termination; provided, however, that
the City shall first be granted a thirty. (30) day cure period (commencing upon receipt of Consultant's
initial= written notice).
10.4.1 The Consultant shall have no right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or
for convenience), the Consultant shall immediately, upon receipt of the City's .written notice of
termination: (1) stop the performance of Services; (2) place no further orders or issue any_ other
- subcontracts, except for those which may have already been approved, in writing, by the Project
Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project
documents (for delivery to the Project Coordinator).
ARTICLE 11. INSURANCE
1.1..1 At all times during the Term of this Agreement, Consultant shall maintain the following
required insurance coverage in full force and effect. The Consultant shall not commence any work until
satisfactory proof of all required insurance coverage has been furnish ed'to the Project Coordinator:
(a) Professional Liability Insurance; in the ,amount of one million dollars ($1;000,000.00), per
..Occurrence, with a maximum deductible of $150,000 per occurrence, $450,000, aggregate.
Consultant shall notify the Project Coordinator, �in writing, within thirty (30) days of any claims
filed or made against its Professional Liability Insurance policy.
(b) Comprehensive General Liability Insurance, in the amount of one million dollars,:
($1,000,000.00), Single Limit Bodily Injury and.,Property Damage coverage, for each
occurrence, which - shall include products, completed operations, and contractual liability
coverage. The City of Miami Beach, Florida must be named as an additional insured on this
policy.
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CITY APPROVED A & E FORM (AUGUST 2010)
(c) Worker's Compensation and . Employer's Liability _coverage within the statutory limits,
required under Florida law.
11.2 The Consultant must give,the Project Coordinator. at least thirty (30) days prior written notice
of cancellation or of substantial modifications in any required insurance coverage. All certificates and.
endorsements shall contain this requirement
11.3 The insurance must be furnished by an insurance company rated B +:VI or better, or, its
-equivalent, according to Bests' Guide Rating. Book, and by insurance companies duly authorized to do
business in the State of Florida, and countersigned by the company's Florida resident agent.
11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required
insurance policies. The City reserves the right to require a, certified copy of such policies, upon . written
request to Consultant.
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
12.1 Pursuant-to Section 725.08, Florida Statutes, the Consultant shall indemnify, and hold
harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages,,
losses, and costs; including, but not limited to,, reasonable attorneys' fees, .to the extent caused by the
negligence, recklessness, 'or intentionally wrongful conduct of the Consultant. and other persons
employed or utilized by the Consultant in the performance of this Agreement.
The Consultant shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits,, or actions of any kind or nature in the name of the City, where, applicable,
including appellate proceedings, and shall pay all. costs, judgments, and attorney's fees which may
issue thereon. Consultant expressly understands and agrees that any insurance protection required
by this Agreement or otherwise provided by Consultant shall in no -way Limit its responsibility, to
indemnify, keep, and save harmless: and defend the City or its officers, employees, agents, and
instrumentalities as herein provided.
12.2 . . The Consultant. agrees and recognizes that the City shall not be held liable or responsible.;
for any' claims which may result from any negligent, reckless . or intentionally wrongful actions, errors
or omissions of the Consultant in which the City participated either. through review or concurrence of
the Consultant's actions. In reviewing, approving or rejecting any submissions` by the Contractor, or
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CITY APPROVED A & E FORM (AUGUST 2010)
other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the
Consultant (including, without limitation its sub- consultants and /or any registered professionals
(architects and /or engineers) under this Agreement).
ARTICLE 13. ERRORS AND - OMISSIONS .
13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction. changes
categorized by the City as caused by an error, an omission, or any combination thereof.in the Contract
Documents that were prepared by the Consultant will constitute an additional cost to the City that
would not have been incurred without the error. The damages to the City for errors, omissions or any
combinations thereof shall be calculated as the total cost of any damages or incremental costs to the
City. resulting out of the errors or omissions by the Consultant.
Damages shall include delay damages caused by the error,' omission,- or any "combination thereof.
Should the Consultant. disagree that all -or part of such damages, are the result of errors, omissions; or
- any combination thereof, the Consultant may appeafthis determination, in writing, to the City's Capital
Improvement Projects Director (the Director).. The Director's decision on all claims, questions and.
disputes shall be' final, conclusive and binding upon the parties hereto unless -such determination is
clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision 'of
the Director, the Consultant shall present any such objections, in writing, to the City Manager. The
Director and the Consultant shall abide by the decision of the City Manager. This paragraph does not
constitute a waiver - of any party's right to proceed in a court of - competent jurisdiction after the above
administrative remedies have been exhausted.
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability
for any cause of action for money damages due to an. alleged breach by the City of this Agreement, so .
that its liability for any such ,breach never exceeds the "not to exceed' amount of the fee paid to
Consultant . under this Agreement, less any amount(s) . actually paid to Consultant hereunder.
Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery
from the City for any damages for action for breach of contract to be limited to Consultant's "not to
exceed" fee under this Agreement, less any amount(s) actually paid by the City to the Consultant
hereunder.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby
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CITY APPROVED A & E FORM (AUGUST 2010)
agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by
the City of this Agreement, in an amount in excess of the "not to exceed` amount" ` of Consultant's fees
under this Agreement, which amount shall be reduced by any amount(s) actually paid by the City' to
Consultant hereunder. .
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a
waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes.
ARTICLE 15. , NOTICE
All written notices given to City by Consultant shall be addressed to:
City Manager's Office.
City of Miami Beach
1,700 Center Drive
Miami Beach, Florida 33139
Attn: Jorge M. Gonzalez
With a copy to:
Public Works Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139`
Attn: Fred H. Beckmann, P. E.
All written notices given to the Consultant from the City shall be addressed to:
Calvin, Giordano & Associates, Inc. '
1800 Eller Drive, Suite 600
Ft. Lauderdale, Florida 33316
Attn: Tammy Cook - Weedon, RLA
5
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified 'mail,
return receipt requested.
CITY APPROVED A & E FORM (AUGUST2010)
ARTICLE 16. MISCELLANEOUS PROVISIONS
16.1 VENUE:. This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Florida; both substantive and remedial, without ,regard to principles of conflict of
laws. The exclusive venue for'any litigation arising out of this- Agreement shall be Miami -Dade County,
-- Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY
ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE RIGHTS
EITHER, PARTY MAY HAVE TO A TRIAL BY, JURY OF ANY ,CIVIL.LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not
discriminate- against any employee or applicant for employment for work under this Agreement
because of race, color, national .origin, religion, sex, gender identity, .sexual orientation, disability,
marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed
and employees are treated during employment without regard to race, color, national origin, religion,
sex, gender identity, sexual orientation, disability, marital or familial.status, or age.
16.3 - PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section
287.133,'Florida Statutes), a person or affiliate who is a consultant, who has been placed on . the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract
to provide any goods or services to the City, may not submit a bid on a contract with the City for the -
construction or repair of a public building or public work, may not bid on leases of real property to the
City,.: may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant
under a contract with the City, and may 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. For violation of this subsection by
Consultant, City shall have the right to terminate ' the - Agreement without any liability to City, and
pursue debarment of Consultant
16.4 NO CONTINGENT FEE: Consultant' warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person,..company, corporation, individual
or firm, other than a bona fide employee working solely for Consultant, any fee,* commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this subsection, City'shall have the right' to terminate the
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CITY APPROVED A & E FORM (AUGUST 2010)
Agreement,, without any liability or, at its discretion, to deduct from the contract price (or otherwise
recover) the full amount of such fee, commission, percentage, gift, or consideration.
16.5 LAWS AND REGULATIONS: -
16.5.1 ' .. The Consultant shall, during the Term of this Agreement, be governed by
Federal, _State, Miami -Dade County, and City laws ordinances, and codes which'may have a'
bearing on the Services involved in the Project.
16.5:2 Project Documents In accordance with Section - 119.07 (3) (ee), Florida
Statutes, entitled "Inspection, . Examination, and Duplication of Records; Exemptions," all
building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and
final formats, are exempt from'the provisions of Section 11 9.07(l), Florida Statutes (inspection
and copying of public records), and s. 24(a), Article I of the State Constitution. Information
made, exempt by this paragraph, with prior written approval from the City Manager, may be
:. disclosed to another entity to perform its duties and responsibilities; to a licensed architect,
engineer, or contractor who is performing work on or related to the Project; or upon a showing
of good cause before a court of competent jurisdiction. The entities or persons receiving such
information shall maintain the exempt status of the information.
16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant
agrees to abide by all applicable Federal, State, and City procedures, as may be
amended from time to time, by which the documents are handled, copied, and '
distributed which may include, but is not limited to, each employee of Consultant and
sub- consultants that will be involved in the Project being required to sign an agreement
stating that they will not copy, duplicate, or distribute the documents unless authorized
by the City Manager, in writing.
16.5.2.2 The Consultant and its sub- consultants agree in writing that the Project
documents are to be kept and maintained in a secure location.
16.5.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
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CITY APPROVED A & E FORM (AUGUST 2010)
16.5.2.4 A log is developed to track each set of documents logging in the date,.
time, and name of the individual(s) that work on or view the documents.
16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant" shall prepare, without
added compensation, all necessary supplemental documents to correct errors, omissions, and /or
ambiguities,which may exist, in the Contract Documents prepared by Consultant, including documents,
prepared by its sub - consultants. Compliance with this subsection 'shall, not be construed to relieve the
Consultant from any liability resulting' from any such errors, omissions, and /or. ambiguities in the,
Contract Documents and other documents or Services related thereto_
16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this
Agreement shall conform to the quality expected of and usually provided'by the profession in the State
of Florida applicable to the design and construction of public and commercial facilities.
16.8 - NON- EXCLUSIVITY: Notwithstanding any provision of this non = exclusive Agreement, the
City, is not precluded from retaining or utilizing any other architect, engineer, design professional or
other consultant to perform any incidental Basic Services, Additional Services, or other professional
services within the contract limits defined in the Agreement. The ' Consultant shall have no claim
_against the City as a result of the City electing, to retain or utilize such other architect, engineer, design
professional, or, other consultant to perform any such incidental Services.
16.9 ASSIGNMENT: The Consultant shall not assign, transferor convey this Agreement to any
other person, firm,, association or corporation, in whole or in part, without the prior written consent of
the City Commission, which, consent, if given at all, shall be at the Commission's sole option and
discretion. However, the Consultant will be permitted to. cause portions_ of the Services to -be
performed by sub- consultants, subject to the prior written approval of the City Manager.
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself /herself,
his /her partners, successors, legal representatives and assigns to the other party of the Agreement
and to the partners, successors, legal representatives, and assigns of such party in respect to 'all
covenants of this Agreement. The Consultant shall afford the City (through the City Commission)'the
opportunity to, approve or reject all proposed assignees, successors or other changes in the ownership
structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement
by the Consultant.
CITY APPROVED A & E FORM (AUGUST 2010)
16.11 'PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of
the Services prescribed herein, it shall be the responsibility, of the Consultant to provide all salaries,
wages materials, equipment, sub- consultants, and other purchased services, etc., as necessary to
complete said Services.
16.12 INTENT OF AGREEMENT:
16.12.1 The intent of the Agreement is for the Consultant to provide design services, and to
include all necessary items for the proper completion of such services for a fully functional
Project which, when constructed in accordance with the design, will be able to be used by the
City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental
work which may not be specifically referenced, as necessary to complete the Project.
16.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to a
third party beneficiary, to any person, nor does it authorize anyone not a party to the
Agreement to maintain a suit for personal injuries, professional liability, or property damage
pursuant to the terms or provisions of the Agreement.
16.12.3 No acceptance, order, payment; or certificate of or by the City, or its employees- or,
.` agents, shall either stop the City from asserting any rights or operate as a waiver of any,
provisions hereof or of any power or right herein reserved to the City or of any rights to
damages herein provided.
-1613 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein;
and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective 'unless memorialized in written document approval and executed with the
same formality and of equal dignity herewith.
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CITY APPROVED A & E FORM (AUGUST 2010)
IN. WITNESS WHEREOF, the parties hereto have hereunto caused these presents -to be -
signed in their names by their duly authorized officers and principals, • attested by their respective
witnesses and City Clerk on the day and year first hereinabove written.
Attest CITY OF MIAMI BEACH:
...
... CITY CLERK \Q , , ,....... �,9� MAYOR
* INCORP ORATED
CONSULTANT:.CALVIN, GIORDANO.& ASSOC., INC -
. Attest .
Signature /Secretary Signature /President
Dawn Hopkins Dennis J. Giordano
APPROVED AS TO
. FORM & LANGUAGE'
& FOR EXECUMN
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CITY APPROVED A & E FORM (AUGUST 2010)
' 4
SCHEDULE A
SCOPE OF SERVICES
SCHEDULE "A" - SCOPE OF SERVICES
CITY OF MIAMI BEACH
MIDDLE BEACH RECREATIONAL CORRIDOR PROJECT
The following is a detailed description of the Scope of Work to be provided by the Calvin, Giordano & Associates, Inc.
(CGA) team for the City of Miami Beach-(City) relative to the- design, permitting, and implementation of the proposed
"Middle Beach Recreational Corridor" Project (Project) between .the 43rd Street parking lot and the 62nd. Street parking
lot. The _purpose of the Project is to create a multi - purpose, ,public access corridor within a public easement, which
extends along the western edge of the dunes immediately east of the oceanfront properties. - The corridor will
interconnect. area business districts, cultural /tourism centers, residential neighborhoods, condominium apartment
buildings, °parking facilities, parks and the beaches. The corridor will be approximately 9,650 linear feet, running in a
north -south direction connecting the south end of the existing beach walk serving the North Shore Community with the
existing elevated boardwalk serving the properties between 21st Street and 43rd Street. The corridor will be designed as
an approximate 15 -foot wide path constructed of hardscape materials with connections at street ends access points and . -
other public access areas. The City's construction cost budgef for the Project is $12,568,636. -
This' scope of services ,assumes that the proposed path and ancillary structures will be sited as far landward as is
practical.and that impacts to the beach /dune system will be minimized up -front in the design. This scope assumes that
the DEP will not object to the proposed path location and /or construction materials. This scope assumes that there will
be no. third -party comments submitted to the DEP during the permitting process that will trigger significant negotiations or
re- design of the project, and that no petition for.Administrative Hearing pursuant to Ch: 120 of the Florida Statutes will be
filed upon permit issuance.
CONSULTING SERVICES
PART 1 - PLANNING SERVICES
1.1 INITIAL SERVICES
1.1.1 Risk Assessment Plan Development: CGA will work with the. City to develop an appropriate Risk
Assessment/Quality Control Plan for the Project, and will set up the Project Quality Assessment checklist for use
during subsequent phases of the Project.
1.1.2 Project Kick -Off Meeting: The CGA project team will attend one (1) kickoff meeting with the appropriate City
representatives to introduce key team "members to the City staff and review available. planning . and reference.
documents defining the Project scope. Preliminary project goals, schedule, budget, and quality control will be
discussed. Based on this meeting, CGA will schedule the site 'inventory visit. CGA shall prepare and distribute
meeting minutes.
Deliverables: Meeting Minutes
1.2 SITE RECONNAISSANCE
1.2.1 Site Survey: The City is to provide all available as -built surveys /plans of .existing below ground and above
ground electrical equipment, utilities and other structures within .and adjacent to the Project area. As they become
available, the City shall provide copies of plans for other pedestrian and vehicular transportation corridor
improvements, parks, and other proposed projects in the surrounding area. The' City .shall also .provide CGA with
copies of any available plat ,maps, property surveys,. aerial, photographs, and recent Miami -Dade County beach
surveys. Transmittal of data in a standard electronic format is preferable. These data will be compiled and .used to
facilitate comprehensive urban redevelopment planning during the design phases. CGA will provide complete
design surveys necessary for documenting the context for design and permitting the project in accordance with the
Florida 'Department of Environmental Protection's (FDEPj specifications as defined in Chapter 626'733.0081 of the
:Florida Administrative Code. The survey will include:
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CITY APPROVED A & E FORM (AUGUST 2010)
1.2.1.1. Defining the horizontal locations of the Coastal Construction Control Line (CCCL)
1.2.1.2 Defining the horizontal locations of the Erosion Control Line (ECL)
1.2.1.3 'Determining the horizontal locations of the contour lines corresponding to elevation.0.00 "
1.2 1.4. Determining the horizontal locations of the Seasonal High Water Line
1.2:1.5 Determining the horizontal locations of the seaward line of vegetation and outline definitions of existing
natural vegetation
1.20.6 Locating the horizontal limits of the dune boundaries
1.2.1.7 Providing topographic information of the existing dune at.100- foot'intervals
1.2.1.8 Providing full sections to'elevation 0.00 along the beach every .500 feet
1.2.1.9 Locating access points from all abutting and adjacent buildings and abutting improvements
1.2.1'.10 Locating all improvements at access and termini including northern terminus of the existing boardwalk
at the southern end of. the project, parking lot access at approximately 53rd Street' parking lot access at
approximately 64th Street, and southern terminus of the existing concrete walk at the northern end of the project
1.2.1.11-Locating all trees in accordance to applicable ordinances
1.2.1.12 Providing topographical survey of up to 100. feet into the three parking..lot• access locations, located at
46th, 53rd; and 64th Streets .
1.2.1.13 Preparing up to ten (10) sketch and descriptions for Utility Easements as determined by the City and
CGA Team -
1.2.1.14 Preparing and providing base maps for design, reflecting results of design survey and upland - property
lines
1.2.1,15 Providing horizontal datum relative to State Plane Coordinates, NAD 83/90 Florida East Zone
1.2.1.17 Providing vertical datum relative to NAVD 1988
1.2.2 Vegetation Mapping The CGA team will map the areas of.'existing native and non - native vegetation within the
proposed Project area for use in the landscaping design and to evaluate areas of exotic vegetation that will be
required to be removed as well as potential environmental impacts of the 'Project: The dominant exotic and - native
plant'species that are regulated by the City and /or DEP will be noted.
1.2.3, CGA will .prepare.a final base map by compiling the Coastal Topographic Survey and Vegetation Mapping data
to illustrate the visible existing conditions and topographic contours within the Project area. The Final Base Map will'
become'the basis for the design development portion of the Project.
Deliverables: Two - (2) copies of the Final Base Map (24'X 36" sheets)
1.2.4 Encroachment Analysis: The CGA team will conduct one -site visit to photograph all potential encroachments
existing throughout the project area. All encroachment analyses will be conducted relative to surveyed property -lines
with design recommendations assigned to each: CGA will provide the encroachment analysis to .the City for
direction on design and for discussion and direction during task 1.2.3 Site Reconnaissance Visit.
1.2.5 Site Reconnaissance Visit: The CGA team will schedule and attend one (1) meeting at the Project site with
City staff to observe. existing conditions, . identify • potential design opportunities and challenges, and
document/discuss .relevant features /areas of interest. Issues affecting the feasibility and possible layout of the .
proposed path, landscaping, and other amenities will be discussed. - 'CGA will issue meeting minutes to document
onsite discussions.
Deliverables: Meeting Minutes
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.'CITY-APPROVED A & E FORM (AUGUST 2010)
1.3 INITIAL PUBLIC OUTREACH
- Project Announcement Memo: -The CGA team will prepare a memorandum to be distributed to all Condominium
Associations announcing the project's goals and objectives. The goal of the memorandum will be to open a dialogue
between the abutting condominium associations, the design team and the City wherein condo associations will be given
an opportunity to schedule a visit by a member of the-CGA team to solicit and provide information regarding the process
at a proximate regular BOD meeting. The design team will also use these meetings as an. opportunity to gather
concerns regarding the project from the impacted public.
1.4 INITIAL CONCEPTUAL DESIGN AND COST OPINION
1.4.1 Coastal Impact Analysis: If requested by the City or the DEP to confirm potential Project vulnerability'to coastal
storm impacts; CGA-will evaluate the predicted storm recession and storm wave impacts associated with the DEP
100 -year return period (design) storm along the Project shoreline. Specifically, the analysis will provide the maximum
wave crest elevation for these storm events and the predicted eroded grade profile /elevation at each DEP reference
monument within the Project area. In addition, CGA will generally analyze the potential vulnerability of the dune and
proposed path to short and long -term erosion.
1.4.2. Coastal'Impact Report: CGA will prepare a report summarizing the above analyses and providing design
recommendations based on the engineering data. Graphics will be included illustrating predicted erosion of the 100-
year return - period storm event relative to the proposed Project. These data will assist in confirming appropriate path
location. .
Deliverables: Two (2) copies of the Coastal Impact Report
1.4.3 Initial Conceptual Design: Based on the Project scope documents and direction provided by the City in the
Kick -off Meeting and Site, Reconnaissance Visit, as well'as comments retrieved through the initial public outreach,
the CGA team will start to develop conceptual design plans in preparation for the_ first Community Design Workshop.
A rendering of the general project layout will be produced, illustrating conceptual landscape and hardscape
elements. Typical illustrative details will be provided, including:
1.4.3.1 Illustrations of alternative treatments for the various areas of the Project, as appropriate
1:4.3.2 Locations of proposed project design elements in relation to the dune, existing structures, adjoining
property 'developments, existing access points to the beach, connections to abutting parking lots, street ends,
and other transportation corridors
Deliverables; Two (2) Copies of the Initial Conceptual Design
1 initial Cost Opinion: CGA will provide an initial opinion of probable construction cost for the proposed Project
based upon the conceptual project plan to confirm those proposed elements that are generally within the available
City budget.. This analysis will provide an opinion of unit costs relative to proposed base and alternate Project .
elements.
Deliverables: Initial opinion of cost spreadsheet. (Excel,format)
-1.5 PUBLIC OUTREACH — COMMUNITY WORKSHOP 1 of 2
Community Design Workshop 1: The CGA team will coordinate with City staff to plan and attend one (1) Community
Design Workshop in the City of Miami Beach for public review and comment regarding the proposed Project. Materials to
be provided by CGA are anticipated to include the Initial Conceptual Design, including typical details; to illustrate the
proposed Project design. The City will secure a meeting location and publish appropriate Public Notices for the
workshop.
Deliverables Meeting Minutes (possibly with graphics incorporated by reference)
1..6 CONCEPTUAL DESIGN DEVELOPMENT `
1:6.1 Community Workshop Follow -up Meeting: CGA meet.with City Staff to .review comments obtained at�the.
community workshop and to obtain direction on any possible modifications to the plan and /or solutions. Changes to
the ' resulting from directives to resolve .community input will be addressed under an additional services
agrement.
1.6.2 Conceptual Design Development Revisions: CGA will conduct revisions as necessary to incorporate direction
' given.by City Staff as affected by comments obtained at the community- workshop and agreed upon at the follow -up
34
- CITY APPROVED A& E FORM (AUGUST 2010)
meeting Task 1.5.1. The CGA team will incorporate into the conceptual, plans those Project modifications collectively
identified- as preferable by the City and meeting participants,. given regulatory and other potential restrictions. The
CGA team will coordinate with City staff to review comments received at the Community" Design Workshop.
Deliverables: Three (3) copies of the Refined Conceptual Design
1:6.3 Follow -up meeting with City Staff: CGA will meet with City Staff to review the modifications as directed by task
1:6.2
1.6.4 Refined Conceptual Design: CGA will conduct minor revisions to incorporate modifications provided by City.
.; Staff and agreed upon at the follow -up meeting Task 1.6.3.
Deliverables: Three (3) copies of the Refined Conceptual Design -
1.6.5 Refined Cost Opinion: 'CGA will provide a refined opinion of probable construction cost for the proposed
Project based upon the conceptual project plan to confirm those proposed elements that are generally within the
available City budget. This analysis will provide an opinion of unit costs relative Ito proposed base and alternate
Project elements:
Deliverables; Initial "opinion of cost spreadsheet (Excel format)
1.6:6" Approval of Conceptual - Design Meeting: CGA will meet with City Staff to review the modifications as directed
by task 1.6.5 to obtain a final approval on the conceptual ".design for the project. This conceptual design will serve as
the Basis of Design that will be utilized to conduct discussions with DEP Staff to convey the project's scope to the
State officials to solicit comments and feedback, as well as it will serve as the basis of design that will be utilized to
present the project to the community and City Commission. During this meeting, the CGA Team and City Staff will
discuss the DEP Pre- Application Meeting.
1.6.7 DEP Pre- application Meeting: CGA will review the "inventoried Reconnaissance Date, Survey and Approved
Conceptual Design for the proposed project and for completion regarding anticipated preliminary coastal construction
"permit requirements discussions and code requirements [Chapter 62B -33, Florida Administrative Code (F.A.C.)], ' of
the DEP.. CGA will prepare for and attend one (1) -Pre- Application Meeting with the Florida Department of
Environmental Protection (DEP) local field staff of the 'Bureau of Beaches to present the Approved Conceptual
design. CGA will discuss.with DEP staff the proposed design components of the Project relative to their regulations'
and solicit input"as to the acceptability of critical design elements.. CGA will prepare meeting minutes documenting '
the discussions and summarizing 'DEP's acceptance of specific design elements. These reports will serve as DEP's
preliminary review for compliance.
Deliverables: Meeting Minutes.
' 1.6.8 Follow -up Pre- Application Review Meeting with City Staff: The CGA team will attend one (1) meeting with City
staff to review the Approved Conceptual Design, meeting minutes from the "conceptual DEP pre - application meeting,
and initial opinion of cost to insure that any additional comments are addressed prior to scheduling the Community
`Workshop. Minor_ modifications needed to address. concerns or comments arising from the 'DEP •Pre - Application
meeting will be discussed for City Staff direction. CGA * may conduct one final meeting with City Staff to review any
minor modifications for approval prior to scheduling the Community Des_ ign Workshop. The agenda for the
Community Workshop will also be discussed.
Deliverables: Meeting Minutes
1.7 - PUBLIC OUTREACH — COMMUNITY WORKSHOP 2 of 2
11.7.1 Community" Workshop 2: The CGA Team will coordinate with City staff to plan and attend one (1) City
Commission Meeting in the City of Miami Beach for public review and comment regarding the proposed Project:
Materials to be provided by CGA are anticipated to include the Revised Conceptual Design product of task 1.6.8,
including, typical details, to illustrate the proposed Project design.
Deliverables :. Meeting Minutes (possibly with graphics incorporated by reference)
1.7.2 Approval of Conceptual Design Meeting: CGA willr meet with City Staff to review the design and comments .
obtained .at the Community Workshop 2. to solicit directives on potential minor modifications to the design and to
obtain final - approval on the conceptual design for the project. This approved. conceptual design will become the
basis of the final design and construction drawings.
1.8 " FINAL DESIGN REPORT AND ANNOUNCEMENT "
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CITY APPROVED A & E FORM (AUGUST 2010)
1.8.1 Final Design Report: CGA will prepare a written report presenting a summary of all design goals and
recommendations for the approved design. The report will include renderings of the recommended Final Conceptual
Design for the Project and document proposed incremental design options identified by the City. The opinion of
probable construction cost for the proposed Final Conceptual Design will be reviewed and adjusted as appropriate
for incorporation into the Conceptual Design Report. This cost opinion will include any additional incremental design
options under consideration by the City. A draft of this report will be submitted to City staff for -their review, prior to
finalization. 1t is expected that the City will issue a notice to proceed with the Design Phase of services after review of
the Conceptual Design Report, and that the City will commence coordination. relative to securing required riparian,
owners' - affidavits of authorization and /or easements.
Deliverables: Three (3) hard copies of the draft. Conceptual, Design Report Three (3) hard copies of the final
Conceptual Design Report and PDF 7
1.8.2 Final Design Announcement: CGA will prepare.an abbreviated version of the Final Design Report in the
format of a publication brochure not to exceed 4 pages to serve as a communication device to convey to the public at
large what the final approval of the design of the project has resulted in and to layout an anticipated, preliminary
schedule for their information. CGA will provide this publication in an Adobe PDF format to facilitate the City to post
it on the City's Website.
1.8.3 Upon Issuance of the Final Design Report, it is understood that the planning phase of the project is finalized
and any design modifications resulting from City directives shall be done under an additional services agreement:
This excludes any minor modifications to the design necessary to address and obtain permits .from any agency ,
having jurisdiction over the project during the permitting phases.
PART . 2 - DESIGN SERVICES
2.1 LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES
2.1.1 Landscape Architectural and Hardscape Design: Landscape Architecture design services will include the initial
layout and geometry of the trail based on the design development. Landscape planting design will be completed in
accordance with the design development for the proposed Project improvements. An initial list of plant species to be
used adjacent to the path will be developed, along with typical details regarding arrangement of these plants.
Hardscape concepts will be developed, including materials, colors, and finishes for the path, edging, fixtures, and
other features.
2:1.2 Engineering Design: The CGA team will provide the initial engineering design services required for the Project
elements outlined in the design development. The grading design will be initialized to meet the aesthetic intent of the
landscape planting areas. It is assumed that existing beach access points across the dune will be maintained or
streamlined. Access to street ends, existing riparian properties, and other access corridors will be reviewed. Access
for emergency vehicles will be reviewed and illustrated. This scope of services assumes that no new major
structures (bathrooms; walls, etc +will be, designed as part of this Project. Cross sections for the corridor will be
developed that will include the path pavers and base material.
2.1 i.3 Dune Fill Design` CGA will prepare initial design plans suitable for submittal to the DEP - illustrating the
proposed dune fill to expand the dune profile, as necessary, to restore the dune where needed to establish plant
installation. Fill elevation and slopes will be designed. Required connections to street ends and landward properties'
will be. considered in this initial fill design. A proposed fill volume will be calculated. After review and conceptual
approval by the DEP, the fill design will be incorporated into.the Preliminary Construction Drawings.
2.1.4 Electrical Engineering: Pedestrian scale bollard lights with low wattage, bulbs and shielding /louvers will 'be
. used, as pre- selected by the City and consistent with fixtures utilized in previous segments of the recreational
corridor. CGA will coordinate light siting relative to the project's aesthetic considerations. The electrical and lighting
plans along with lighting riser diagrams will be defined indicating the. proposed lighting and phofometrics. The
electrical power riser diagram will be defined consistent with load requirements and voltage drop calculations.
Service entrance requirements will be' coordinated with FPL consistent with available and /or new service
configurations and locations.
2.1.5 Dune Vegetation Restoration Design: CGA will prepare initial design plans suitable for submittal to the DEP'.
illustrating areas of any exotic vegetation removal and proposed dune vegetation to replace exotics and fill barren
areas. Plans will include areas to be vegetated, native salt - tolerant plant and appropriate specifications for
36
CITY APPROVED A & E FORM (AUGUST 2010)
planting. After review and conceptual approval by the DEP, the dune restoration design will be incorporated into the
Preliminary Construction Drawings. This scope of services assumes that there will be no - expansion'of the footprint of
the dune structure /vegetation limits and may attempt to consider already permitted dune restoration projects in this
area.
2.1.6 Irrigation Design: Irrigation will be designed for the corridor vegetation generally consisting of temporary
irrigation for the native 'dune vegetation. Permanent irrigation .will be designed at street -end and park area
connections. The design shall include system layout, service connections, list of materials and installation details
consistent with the other Beachwalk projects or as directed, by City Staff. The system will include controllers, valves, .
heads, main and lateral piping, backflow preventors and flow sensors.
2.11- Signage Design: The CGA team will provide up to 2 (two) design concepts for pedestrian location, directional
and, interpretive signage, consistent with City requirements for durability and legibility, as well as aesthetic
considerations. Manufacturing specifications are not included and to be prepared through an additional services
agreement.
2.2 CONSTRUCTION DRAWINGS AND SPECIFICATIONS
2.2.1, 30 % Preliminary Construction Drawings
2,2.1.1 CGA will prepare preliminary construction plans at approximately the 30 % level of completion illustrating
details of the proposed Project. The preliminary design drawings will illustrate plan and sectional views of, the -
improvements and will include general details of paving and grading. All path geometry and elevations will be
established, including slopes and ADA considerations and accesses. Minor drainage design (slopes, swales,
etc.,`but no drainage structures'or underground piping) will be .completed as appropriate for the improvements.
Minor repairs of existing dune crossovers or modification to sand -on -grade access, and clarification of
connections to existing parks and parking lots and existing street ends will be provided. Design will be provided
for minor 'beach structures (such•as fences, pads for showers, etc.) as part of the overall Project. Paving and
utility connection (water /electrical) design will also be developed as required. The plans will incorporate existing
conditions and basic design elements including details of handicap ramps, decorative details for the path,
vegetation, and lighting. The 30% preliminary plans will graphically convey the engineering and landscape
architectural design, and be formatted for a logical sequence of construction.. CGA will submit a. complete set of
all 30% plans to City Staff for review and comment relative to compliance with City Standards. Any significant
design changes made to the plan set during this phase of services by the City or a regulatory agency will be
addressed under a separate scope of services.
Deliverables: Four (4) copies of preliminary plans (24"X36" sheets)
2.2.1.2 Updated Cost Opinions: Updated cost opinions that include quantities, unit costs, and total costs will be
submitted.to the City for review.
Deliverables: Four (4) copies of the updated opinion of construction cost.
2.2.1.3 30% Comments Review Meeting: CGA will: meet with City Staff review all comments and obtain
direction for further development to be reflected in 60 %. plans. It -is expected that the City will provide clear
direction on how to resolve potentially conflicting comments as issued by different City Departments.
2.2.2 60 %.Final Construction Drawings
2.2.2.1 CGA will incorporate comments and agreed -upon resolutions from the City's review of the preliminary .
design plans and the comments review meeting into the final construction drawings. A subsequent submittal of
the design plans will be made to the City at the 60% level of completion. It is anticipated that the review
comments from the 60% level drawings will be minor in nature. The drawings will be prepared with industry
accepted guidelines for the production of construction drawings on 24 "x36" sheets at appropriate scales.
2.2.2.2 Updated Cost Opinion: The opinion of probable construction cost will be revised and submitted with the
design submittal package.
2.2.2.3 Preliminary Technical Specifications: CGA will prepare preliminary technical specifications in the
Construction Specifications. Institute (CSI) format for the Divisions. 2 -16 specifications required for: the
construction plans. The , City will be responsible for all "up- front" bid package documents such as General,
Conditions, Construction Contracts, and Division 1 specifications, etc.
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'.CITY APPROVED A &.E FORM (AUGUST 2010)
2.2.2.4 -60 % Comments. Review Meeting: . CGA will meet with City Staff review. all comments and obtain
direction for further development to be reflected in 90% plans. A is expected that the City will provide clear
direction on how to resolve potentially conflicting comments as issued by different City Departments.
X2.2.3 90% Final Construction Drawings
2.2.3.1 CGA will incorporate comments and agreed -upon resolutions. from the City's review - of the 60 % Final
Construction Drawing plans and the comments review meeting into the final construction drawings. A
subsequent submittal of the design plans will be made to the City at the 1.00% level of completion. It, is
anticipated that the review comments from the 90 % level drawings will, be minor in nature. The drawings will be .
prepared with industry- accepted guidelines for.the production of.construction drawings on 24 "x36" sheets at' .
appropriate scales.
2.2.3.2 Revised Cost - Opinion: The opinion of probable, construction cost will be revised and submitted with the
- design submittal package.
2.2.3.3 Revised Technical Specifications: The CGA' Team will develop revised Technical Specifications- to
reflect construction and installation, specifications for all planned components, particularly with an attention to
criteria necessary to address:
2.2.3.4 ;90% Comments Review .Meeting: _ CGA will meet with City Staff, review all comments and obtain
direction for further development to be reflected in 90% plans. It is expected that the City will provide clear
direction on how to resolve potentially conflicting comments as issued, by different City Departments.
2.2.4 100 %,Final Construction Drawings
2.2.4.1, CGA will incorporate comments and agreed -upon resolutions from the City's review of the 90% Final
Construction Drawing plans and the comments review meeting into the final construction' drawings. It is
anticipated that comments or directives for revisions will be completed and the scope to develop the design .
drawings shall be considered finalized. • Any additional .or subsequent submittals of the design plans shall be
made under a separate additional services agreement. The'drawings will be prepared with industry- accepted
,guidelines for the production of construction drawings on 24 "x36" sheets at appropriate scales. Final 100 %;
Construction Drawings will be sealed by Florida Registered Landscape Architect or a Professional 'Engineer, as
appropriate.
Deliverables;. Five (5) hard copies of the- 60% and 90% plans Five {5} hard copies of final construction drawings,
2.2.4.2 Final Cost Opinion: The opinion of probable construction cost will be finalized and submitted-with the
final'submittal package.
2.2.4.3 Final Technical Specifications: The CGA' Team will finalize the Technical Specifications to reflect
construction and installation specifications for all planned components; particularly with an attention to criteria;
necessary,, to address.
2.3 PERMITTING
2.3.1 Basic Permitting Services: It is'anticipated that City of Miami Beach Permits, including Permits from.the Public
Works and the Building Departments, will be required for the Project. The City will prepare applications and process
these permits. CGA will, assist. the City in processing the permits. CGA.will meet with representatives of the City
toward securing the required approvals for'site and civil improvements. Specifically, the 90 % of drawings will be
presented to the City for processing through the- required City Departments, and the 100% final drawings will be
submitted for permit. CGA will attend up to six (6) two -hour meetings with City, staff to review the proposed design
and coordinate authorizations.
2.3.2 Grants of Perpetual Easement: As the proposed layout of the Project may meander landward of the Erosion
Control Line (ECL) onto some of the upland properties, an easement agreement may be required between, those .
properties and the City. The 'City shall be responsible for securing all necessary easements from the affected `
property owners, and _ CGA will,, submit them to. DEP for review; CGA will coordinate between the City and DEP
.regarding any issues, regarding easement format or content; although it is generally assumed that there will not be .
issues of any significance in this regard_ City shall also provide any and all temporary control easements and
perpetual. maintenance `easements needed. These need to be drafted and obtained prior to construction and
phasing initiation.'
38
CITY APPROVED A & E. FORM (AUGUST 2010) ,
2:33 DEP CCCL Permit Application: The City will provide CGA with. an executed CCCL permit application form, a , .
DEP permit application fee (amount to be determined), and a letter from the Planning and Zoning Department.
indicating their approval of the project and confirming that the project "does not 'contravene .local setback
requirements, or zoning codes" and "is consistent with.the state - approved local Comprehensive Plan. The City will
provide CGA with the relevant legal descriptions and ownership /co,ntrol documentation forthe proposed Project area.
CGA will prepare and submit a permitapplication. package containing this information, as well as the Project design .
plans, for the proposed project. Any significant,design changes made after'submittal of the permit. application will be
considered "a change in scope: Significant' design changes include, but are not limited to, the enlargement of
footprint,`addition of structures seaward ofthe CCCL,, relocating structures farther seaward; or new activities.
23:4 DEP and FWC Marine Turtle (Lighting) Review CGA will coordinate with the lighting and landscaping team .
members toward obtaining lighting plans, sheets,-and the lighting table required. by the DEP and Florida Fish and
Wildlife Conservation Commission (FWC) for review and approval..CGA.will also maintain telephone contact with the, "
" FWC to expedite their review and approval of the proposed exterior. lighting. CGA will confer with the team landscape...
architect,. lighting consultant, and, City as questions, revisions, or additional items that may be required by.the
FWC to assist the City in obtaining approval for the propo5ed,exterior lighting. It is assumed that bollard light fixture
(or a very similar model) and bulbs previously approved by the FWC for the Beachwalk and NBRC Projects will' be
used exclusively for Middle Beach Recreational Corridor. It is assumed that no, lights will be proposed that would be
visible from the beach (such as fixtures near or seaward of the - dune crest).
2.3.5 DEP Division of State.Lands Consent of Use Application (if necessary):
Regulations require that a Consent of Use or,easement be obtained by any entity (local, private, commercial) prior to
construction or other activities on State -owned lands. •AII lands -east of the- Erosion Control Line are'owned by ,the
State of Florida. If.the Division of State Lands is not able to confirm that Consent of,Use is provided through an
updated City Beachfront Management Plan, a separate application for Consent must be submitted. lf'required, CGA-
will coordinate with the City to. prepare and submit a State Lands Consent of Use .request to the DEP Joint Coastal
Permitting - (JCP) program.
2.3.6 DEP Division of State Lands Consent Processing (if, necessary):, - CGAr will confer with DEP staff to advise them.,
= of the details of. proposed construction and identify areas of staff concern. CGA will maintain telephone contact with
the DEP` to expedite their review and. processing of the Consent�of Use application. CGA will provide a sketch.
illustrating tha-general north and south boundaries of the Consent approval `relative to `DEP reference monuments.
This scope of services assumes that a surveyed legal description, of'the, boundaries of the. Project upon state lands
will not be required, and that a Consent to Use State Lands, rather than easement, will be required /issued.
DEP Permit Processing: CGA will .confer with DEP staff to advise them of the details of the proposed
. construction and. to identify areas of staff concern. CGA will maintain` telephone contact with the DEP to expedite
their review and processing of the permit application. CGA will review available working drawings to ensure their`
compliance with DEP criteria toward expediting the DEP Final, Order. In addition,.: CGA will confer with the team
members and City as to'questions, revisions, - or additional items that may be required by the DEP and will represent
the Project before DEP staff to assist the City in securing a DEP Permit (Final Order) for the proposed Project.
2 3.8 DEP Final Notice to' Proceed: CGA will provide services to- assist the City, in: securing a DEP "Final Notice to
Proceed" authorizing commencementof construction.
Specifically, -CGA will provide services. relative to coordinating and processing final construction drawings and.
Meeting. Special Permit Conditions outlined in the Final' Order. If a "Partial Notice to Proceed" must'be,.issued to
address - project phasing or'other issues, this will be addressed under a separate scope.
2.3.9 Additional. DEP .Meetings: CGA may attend up to two (2) additional meetings; as needed, in Tallahassee. with
DEP staff to review the permit application, re= confirm the acceptability of. specific elements of the design, and
facilitate expedited permit ,processing. CGA will prepare.Minutes - for each meeting documenting the discussions and
summarizing DEP's acknowledgement of compliance.
Deliverables; Meeting Minutes
2.3.10 Pre - Construction DEP Conference: Subsequent to. issuance of the DEP. Notice to Proceed, the "CGA
permitting project manager will schedule and.-attend one„(1) Pre- Construction Conference with the DEP Field'
;Representative, City, Contractor, and Project team members, as required in the Special ,Permit Conditions outlined in.,
the Final Order.
39
CITY APPROVED A & E FORM (AUGUST 2010)
PART 3 = BIDDING AND AWARD SERVICES
3.1 PROJECT BIDDING
3.1:1 ..CGA will prepare a. bid' form. with unit quantities and documentation for inclusion with the bid package as
directed and approved by the City. Permits for the Project will be included in the appendices of the package. The
City will be responsible for all document reproduction services for bid packages:
3.1.2. ,Bid Package Review: CGA will attend a meeting with the City Project 'Manager to review the compiled bid
package. This bid package is expected to be a performance -based contract and not a conventional low bid project.
CGA will review the bid package and provide comments.
3.1.3 Pre -Bid Meeting: CGA will. assist in and attend one (1.) pre -bid meeting with the City and contractor(s) and
. respond to pre -bid questions.
-' 3.1.4 Bid Opening Meeting: CGA will assist in and attend one (1) bid opening meeting with the City..
3.1.5 Bid Review: CGA will review construction bids and qualification packages and make a comparative analysis of
the data collected
12: CONTRACT AWARD
3,1.1. Recommendation of Award: CGA will prepare a recommendation of award to the most qualified bidder, to
assist the City,in the award.of a construction contract.
3.2.2•: Contract Execution: CGA will assist the City in conducting contract execution "services once the approval for
award has been secured by the authorized City agent
.3.3. FINAL PUBLIC NOTIFICATION
CGA will prepare a publication brochure not to exceed 2 pages to serve as a communication device to convey to the
public at large the award of the contract and the anticipated schedule of construction. It is anticipated that this will be'
followed by a memorandum as necessary notifying condominium associations of when - expected construction will be
scheduled and what construction impacts they should expect.. CGA will provide this publication in an Adobe PDF format
to facilitate the City to post it on the City's Website.
PART 4 - CONSTRUCTION ADMINISTRATION SERVICES
The Construction Administration Services outlined herein anticipate a construction period not to exceed 52 weeks.
Special requirements pertinent to materials testing, EEO and DEB compliance verifications, and compliance with Davis-
. Bacon Act requirements are not included -and shall be provided through an additional services agreement. In the event
that, through no-fault. of the Consultant, Construction Administration services are required to be extended, which
extension shall be subject to prior City approval and that shall be at the City's sole discretion, CGA agrees to extend said
services under the approval of an' additional services agreement, in conformance to Schedule B. Consultant
Compensation, for the duration required to complete the Project.
4.1' PRE- CONSTRUCTION CONFERENCE
CGA will attend one (1) pre- construction conference with 'government agencies and contractor /sub Contractors
4.2 CONSTRUCTION PHASING PLAN REVIEW
CGA will . review and comment on Contractor- drafted construction phasing plan and the equivalent of a pedestrian -scale
maintenance of traffic" to ensure continual use of the recreational corridor. Review and •Commen't on Contractor-drafted
construction scheduling should be carefully drafted to not impact socio- cultural events and seasonal, natural events.
4.3.CONSTRUCTION SITE INSPECTIONS
4.3.1 CGA will conduct daily inspections for compliance with plans' and specifications. CGA will conduct interim
40
CITY APPROVED A & E FORM. (AUGUST 2010)
inspections for substantial completion
4.3.2 Professional Landscape Architect Site Observations: A .CGA Landscape - Architectural designer will conduct
routine visits the, site to determine if the work is being performed in accordance with the construction documents. It '
is anticipated that these visits will not exceed eight (8) two -hour site visits.
4.3.3 Professional Engineer Site Observations: A CGA. Professional Engineers will conduct routine Visits to the site
to determine if the work is. being performed in accordance with the construction documents. It: is anticipated that
these'visits will not exceed eight (8) two -hour site visits.
4.4 REVIEW OF DRAWINGS, AS- BUILTS AND CONSTRUCTION RELATED DOCUMENTS
4:4:1 CGA will review, approve and process all pay requests and perform a relevant inspections to determine, `in
general, if the work has been completed in conformance with the intent of the Contract Documents,
4.4.2 CGA will conduct final reviews of as- built and, record drawings for water, sanitary .sewer and storm
drainage /grading as prepared and submitted by contractor /subcontractor. This.is limited to two. (2) reviews for each
type of.as- built. Additional as -built reviews may be'performed for, under an additional fees agreement.
4.4:3 CGA will issue interpretations and clarifications of the Contract Documents, and evaluate requested deviations
from the approved design or specifications. 'In connection therewith, CGA will review, prepare and process any •work
change directives or change orders requested by the Contractor or "City:
- "4.4.4 CGA will review and process shop drawings, samples and other data which the' Contractor is required to
submit.
4.4.5 CGA will review•and process all contractor - Issued closeout packages .
4.5 -- PROJECT TEAM MEETINGS ,
4:5.1 In addition to.those meetings. specifically - noted within other phases of this agreement, `the CGA design team
will attend ,up to six (6) local meetings with City Staff, project team members, and /or ,other stakeholders to
present/discuss elements of the proposed .Project. These meetings "are estimated. to be an average of two (2) hours
each;
4.5.2. C.GA._will conduct meetings with the Contractor and appropriate regulatory agencies when requested and as
necessary for consultation or.conferences in regard to.the construction -of the project.
4.6 FINAL WALK- THROUGH .
4.6.1 The .CGA Project Team will perform one (1) final site walk through with the. Contractor and governmental
agencies
4.6.2 CGA will prepare a punch list of the findings and comments issued. at the final walk - through and conduct their
follow -up services to ensure that contractor addresses all comments
., 4.7 FINAL CERTIFICATION
4:7.1 CGA Staff will prepare all final certification documentation required t&permitting agencies upon completion of `
construction of the project.
4.7.2 Subsequent.to completion of construction, CGA will schedule and attend one (1) -on -site Final Inspection
Conference with the City, FWC, DEP Field Representative . and 'Contractor, as required by the Special Permit ,
Conditions outlined in the Final Order. If any project elements are not in compliance with the .DEP permit and
additional coordination and /or meetings are required, these services will be provided under a separate scope:
REIMBURSABLE EXPENSES:
CITY APPROVED A & E FORM (AUGUST 2010)
Reproduction, transmissions, photocopies, telephone calls, airfare, travel, and other direct expenses related to the
performance of this contract will be invoiced pursuant to the attached Schedules B and C.
GENERAL CONDITIONS /ASSUMPTIONS:
_ 1. Design drawings created in AutoCAD will be provided to the City in-electronic format. .
2... It is assumed that the Project will be designed with minimal impact to the beach -dune system — this includes' siting .
landward of the.dune profile and vegetation wherever possible, maintenance of existing beach `access 'corridors (or
reduction of beach access points if appropriate to.. reduce dune breach frequency), etc. It is assumed that no
structures will be proposed seaward of the 30 -year erosion projection that are not in support of the erosion control
function•of the project; and that no major structures will be proposed seaward of the DEP 30 -year erosion projection.
It, assumed that no major structures such as bathrooms, walls, concrete pads,greater than 100 square feet' etc.:`will
be proposed as,part of the Project:. '
3. Major design changes after the completion of the Final Conceptual Design as confirmed by the City after review of
the Conceptual Design Report or the 30 % set of preliminary construction drawings will be negotiated under a
Separate scope of services. For the purposes of this agreement, 'a "major"• change would be a total increase or,
decrease greater than 10% of the total design:
4. CGA is not responsible for any change in the scope of services that may be incurred due to circumstances beyond
our control, including, but not limited to, changes in regulations and other legal actions.
5..-, It is assumed that the Project can be designed as self - mitigating — i.e. that there will be a net benefit to the
beach /dune systems through the proposed addition of fill and native vegetation, and that all exotic vegetation is to
removed. If additional mitigation. is required by the DEP, this additional design and negotiation will be provided under .
a separate scope:
°6. The schedule for construction is- assumed to be approximately 9 months. Any rebid process or extended construction
- schedule will require'servicesto be provided'under a separate scope. .
7. The following :items are not included in the scope of services, presented herein:
7. 1: Meetings or other coordination associated with the Beachfront Management Plan updates °
7.2. . : Street -End, streetscape and ,associated utilities
7.3. Design - of retaining walls, bathrooms, cafes, or other major structures with substantial foundations -
7.4. Revisions to riparian property access points based on modifications to those riparian properties,—
7.5. 'Transportation planning.
7;6: Aerial Photography or Planimetric Mapping
7.7.: Public hearings, meetings, or workshops (beyond the scope specifically noted above)
.7.8. Environmental testing or engineering ;
7.9. iGeotechnical analysis and related sediment quality coordination with DEP or other agency staff .regarding
sand proposed to be brought onsite for fill
7.10. :Illustrative renderings or Model building
7.11. "FEMA consultations
7.12. - DEP Perm it'Modifications. (major or minor)
7.13. DEP Partial Notices , to Proceed
7.14: , DEP Field Permits
7.15. DEP Permit Time Extensions
7:16. DEP or MD -PERA (former DERM) Permits for Stormwater Drainage System Modifications
7.1.7. MD -PERA Tree.Removal Permits
61TY•APPROVED A & E FORM (AUGUST 2010)
SCHEDULE B
SUMMARY OF COSTS FOR CONSULTING SERVICES
MIDDLE BEACH RECREATIONAL CORRIDOR, CITY OF MIAMI BEACH, FLORIDA
DESCRIPTION TYPE LABOR
FEE -S
PART 9. =; PLANNING'$ERVICES '
1.1 — Initial Services Lump Sum $931.50
1.2 — Site Reconnaissance Lump Sum $110,518.00
1.3 — Initial Public Outreach Lump Sum $3,492.50
1.4 — Initial Conceptual Design and Cost Opinion Lump Sum $12,340.00
1,.5 — Public Outreach — Community Workshop 1 of 2 Lump Sum $931.52
1.6 — Conceptual Design Development Lump Sum $10,943.00
1.7 — Public Outreach — Community Workshop 2 of 2 Lump Sum $698.50
1.8 — Final Design Report and Announcement Lump Sum $3,492.50
PART 1 SUB -TOTAL $143,347.52
PART 2 — DESIGNi e SERVICES
2.1 — Landscape Architectural_ and Engineering Services Lump Sum $99,295.14
2.2 — Construction Drawings and Specifications Lump Sum $61,376.61
2.3 - Permitting Lump Sum $54,466.03
PART 2 SUB -TOTAL $215,137.78
PARTS = B`IDDING;AND AWARD,SERVICES.
3.1 — Project Bidding Lump Sum $7,245.31
3.2 Contract Award Lump Sum - $2,415.00
PART 3 SUB -TOTAL $9,660.31
PART 4 = CONSTRUCTION ADMINISTRATION SERVICES`
4.1 Pre- Construction Conference Lump Sum $1,200.00
4.2 — Construction Phasing Plan Review Lump Sum $5,000.00
4.3 — Construction Site Inspections Lump Sum $131,224.00
4.4 Review of Drawings, As- Builts and Construction- Related Documents Lump Sum $10,500.00
4.5 Project Team Meetings Lump Sum $7,080.00
. 4.6 — Final Walk- Through Lump Sum $3,240.00
4.7 — Final Certification Lump Sum $3,240.00
PART 4 SUB -TOTAL $161,484.00
FEES. TOTAL $529;629.6,1
ESTIMATED REIMBURSIBLE EXPENSE BUDGET $10,400.00
SCHEDULE C
HOURLY BILLING RATE SCHEDULE - PROFESSIONAL FEE SCHEDULE
Principal 215.00 LANDSCAPE ARCHITECT
Contract Administrator 190.00 Associate, Landscape Architect 165.00
Project Administrator 165.00 Senior Landscape Architect 130.00
Executive Assistant 75.00 Environmental Administrator 125.00
Clerical 75.00 Landscape Architect 115.00
Environmental Specialist 105.00
ENGINEERING Landscape CADD Technician 95.00
Associate, Engineering (VI) 190.00 Environmental Assistant 85.00
Director, Engineering (V) 165.00 Landscape Inspector /Arborist 105.00
Project Manager (IV) 145.00 Landscape Designer 115.00
Project Engineer (III) 125.00 Landscape Site Plan Reviewer 130.00
Engineer (11) 105.00
Jr. Engineer (1) 100.00 SURVEYING
Senior CADD Tech Manager 115.00 Associate, Surveying 165.00
CADD Technician 95.00 Senior Registered Surveyor 145.00
'Traffic Engineer (II) 125.00 Survey Crew 135.00
Traffic Engineer (1) 100.00 Registered Surveyor " 130.00
Traffic Technician 90.00 Survey Coordinator 105.00
Permit Administrator 90.00 CADD Technician 95.00
3D Laser Scanner 355.00'
DATA TECH, DEVELOPMENT Hydrographic Survey Crew 330.00
Associate, Data Tech Dev. 165.00 G.P.S. Survey Crew 155.00
GIS Coordinator 145.00 Sub -meter G.P.S 75.00'
GIS Specialist 125.00 Soft Dig (per hole) '480.00
Multi -Media 3D Developer 115.00 Utility Locates (per hour) 205.00
GIS Technician 100.00
Sr. Applications Developer 165.00 INDOOR AIR QUALITY SERVICES
Applications Developer 135.00 Sr. Environmental Scientist 115.00
Network Administrator 1 Environmental Scientist 100.00
System Support.Specialist 115.00 IT Support Specialist 85.00. CONSTRUCTION
Associate, Construction 165.00
GOVERNMENTAL SERVICES Construction Management Director 135.00
Associate, VP 190.00 Construction Manager 125.00
Director of Code Enforcement 145.00 Senior Inspector 100.00
Director of Building Code 145.00 Inspector 90.00
Project Manager 145.00 Construction Coordinator 90.00
Grants Administrator 125.00
Code Enforcement Field Supervisor 11.0.00 ..EMERGENCY MANAGEMENT
Code Enforcement Field Inspector 90.00 Director 145:00
'Building Official 115.00 Planner 105.00
Building Plans Reviewer 90.00 Assistant Planner 90.00
Building Inspector 90.00
Permit Processor 75.00 PLANNING
Associate, Planning 175.00 "
REDEVELOPMENT &URBAN DESIGN Director of Planning 145.00
Revitalization Project 165.00 Planning Administrator 135.00
Director /Manager
Revitalization Coordinator ' 130.00 Assistant Director 125.00
Alternative Funding/Technician 100.00 Senior Planner 125'.00
Commercial - Zoning Administrator 130.00 Assistant Planner 90.00
Redevelopment Planner 105.00
Specialist/Downtown Manager 100.00 EXPERT WITNESS
Municipal Administrator 165.00 Principal /Associate , 330:00
Municipal Assistant Administrator 130.00 Registered Engineer /Surveyor 280.00
Municipal Department/Division Head_ 105.00 Project Engineer 230.00
C ITY APPROVED A'& E FORM (AUGUST 2010)
Agreement between City of Miami Beach and Calvin, Giordano & Associates, Inc:
tDesign, Bid Award, and Construction Administration Services for the Middle Beach Recreational Corridor Phase 11 Project
SCHEDULE D
COSTRUCTION COST BUDGET
.The'City,has a Project budget of $13,138,636, with $570,000 for design and $12,568,636 for construction and
: .
P
4 5
CITY APPROVED A &.E FORM (AUGUST`2010)
' SCHEDULE E
ANTICIPATED PROJECT SCHEDULE '
MIDDLE BEACH RECREATIONAL CORRIDOR, CITY OF MIAMI BEACH. FLORID
- Duration Start End
Task Name (VJOrking Date Date Notes
Days)
- - PART 7- PLANNING SERVICES'
1.1 - Initial Services &•, gu, ..* ,„'*"' •.r$# u
1.1.1 - Risk Assessment Plan Development 3
1.1.2 - Pro'ect Kick -Off Meetin 1 Milestone -
1.2 - Slte Reconnaissance °
- 1.2.1 - Site Survey ) 84
1.2.2 - Ve etation Map In - 3 -
- - 7 2.3 Final BaseMap 2
1.2.4 - Encroachment Analysis 5
1.2.5 - Site Reconnaissance Visit 2 Milestone
1.3 - Initial Public Outreach 15 Milestone - -
1.4. - Initial Conceptual Design and Cost Opinion "
` 1.4.1 - Coastal Impact Analysis - 5 -
14.2 - Coastal Impact Report - 5 '
1.4.3 - Initial Conceptual. Design - 20
1.4.3.1 - Illustrations - - - - - 15
1.4.12 - Locations of Proposed Project Design Elements 5
1.4.4 - Initial Cost Opinion - 3 Milestone
' 1.5.. - Public Outreach- Community Workshop 1of2 7 Milestone
1.6 - Conce foal Desi n D o' evelo then - mN
1.6.1 - Communi WorkshFollow -U Meetin - 1 -
1.6.2 - Conce tual Design Develo then Revisions 18
1.6.3 - Follow -U p Meeting with City Staff -- 1,
' 1.6.4 - Refinetl Conce foal Desi n 20
1.6 .5 - Refined Cost Opinion 2 <
166 - Approval of Conceptual Design Meeting - 1 Milestones
- 1 6.7 - DEP Pre -A plication Meetin 2
1.6.B - Follow -U Pre -A pplication Review Meeting With City Staff - 2 Milestone
1.7 - Public Outreach - Communi Workshop 2of2 "..�
1.7.1 - Community Worksho 2 - - 2 -
' - - 1.7.2 - Approval of Conceptual Design Meeting - 1 Milestone
1.8 - Final Design Report and Announcement.,g
1 SA - Final Design Report 10
1.8.2 - Final Design Announcement 5 Milestone - -
Total Time for Planning Phase '.•240 days 48 weeks
PART 2- DESIGN SERVICES -
2.1 - Landscape Architectural and Engineering Services
2.1.1 - Landscape Architectural and Hardsca a Design
112 - En in I n Design - a.,., *A ': {"# ;'.�2 d -4!.t `F"
2.1.3 Dune FillDesi n
2.1.4 - Electrical Engineering" =^
2.1.5 - Dune Vegetation Restoration Design •,z2N Ax
2.1.6 - Irrigation Design
2.1.7 - Si no a Desi n
- 2.2 - Construction Drawings and Specifications
' 26261 - 30% Preliminary Construction Drawings
*;,,"
u
2.2.1.1 - 30% Final Construction Drawing Plans 120
_ 2.2.1.2 - Updated Cost Opinions 10
2.2.1.3 - 30 %Comments Review Meeting 2 Milestone
2.2.2' - 60% Final Construction Drawings ""SY= f'•, „'= s•y„ t - -
2.2.2.1 - 60% Final Construction Drawn Plans 80 -
2.2.2.2 - Updated Cost Opinion - - 10
2.2.2.3 -
Preliminary Technical Specifications - 7
2.2.2.4 - 60% Comments Review Meeting 2 Milestone
2.2.3 - 90% Final Construction Drawings
2.2.3.1 90% Final Construction Drawn Plans 30
2.2.3.2' -. Revised Cost Opinion 10
2.2.3.3 - Revised Technical 5 edfications 5 -
2.2.3.4 - 90% Comments Review Meetin 2 - Milestone
2.24 - 100% Final Construction Drawin 'Plana
224.1- - Final 100% Construction Drawings 8
2.2.4.2 - Final Cost Opinion 5 - -
2.2.4.3 - Final Technical Specifications 4 - Milestone
2.3 - Permlmn9
2.3.f - Basic Permittin Services ' *< "a`c - „' -
2.3.2 - Grants Of Perpetual Easement to be performed by City '
2.13 - DEP CCCL Permit Application 10
.2.3.4 - DEP and FWC Marine Turtle (Lightin Review 5
2.3.5 - DEP Division of State Lands Consent of Use Application 3
2.3.6 - DEP Division of State Lands Consen[ Processing 3 -
2.37 - DEP Permit Processing. 60 -
2.3.8 - DEP Final Notice to Proceed 15. Milestone
- 2.3.9 - Additional DEP Meeti s Oti
2.3:10 - Pre - Construction DEP Conference 4 Milestone .
Total Time for Design g Phase.. 395 tla s 9 weeks
PART .3- BIDDING AND AWARD SERVICES ,..
3.1 - Project Bidding
311 - Bid Farm _ 2
3.1.2 - Bid Package Review 3
3.1.3 - Pre-Bid Meeting 1
- Wait time ent i ated for Contractors to Pre are Bid:' - 20`
' 3.1.4 - Bid Opening Meetin 1
3AS - Bid Review 3 Milestone -
3.2 - Contract Award t4,t qh GNMNM
3.2.1' - Recommendation of Award - 2
3.2.2 - Contract Execution 5 Milestone -
3.3 - Final Public Notification 3 - Milestone ,
• Total Time for Biddin and Award Phase 40 da . III weeks
PART 4 -. CONSTRUCTION ADMINISTRATION SERVICES. •' -
4.1. - Pre - Construction Conference - 2 Milestone - . `
` 4.2 - Construction Phasing Plan Review 5 - Milestone
4.3 - Construction Site Inspections It is anticipated that the estimated '
4.3.1 - On -Site Ins ections onstruction is 52 weeks.
2 - Professional.Landsca a Architect Site Observations The allotted time anticipated..
' 4.3.3 - Professional En a Site Observations for Construction Administration
ties any tl ys esulting from. -
4:4 - Review of Drawin s, As-Builts and Construction- Related Documents inclement weather and 'Ads of GOd
4.4.1 - Process Pay Requests or any delays imposed by the City.
4.4.2 - Final Reviews of As -Built And Record Drawin s
_ - 4 4.3 - Interpretations and Clarifications; Process Chan a Orders In the event that through no fault of the CGA,
4.4.4 - Shop Drawings Construction Administration I sery es
4.4.5 - Contractor- Issued Closeout Packages - are required to be extende with City approval ,
CGA agrees to extend said sery ies
4.5 - Project Team Meetings - for $9,075.00 per month ,
- 4.5.1 - Local Meetings for.the duration required. -
4.5.2 - Meetin s with the Contractor to complete the project.
- 4.6 Final e Walk - Throu
4.6.1 - Final Sit Walk rou h 2 - -
4.6.2 - Punch List 2 Mil
- estone
4.7 - Final Certification
- 4.7.1 . Final Certificaton Documentation 5 Milestone
4.7.2 - Final ins ection Conferences 5 - Milestone -
Total Time for Construction Phase 260 days 52 weeks)
OVERALL TOTAL 936 days
SCHEDULE' F .'
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
47
CITY APPROVED A& E FORM (AUGUST 2010)
SCHEDULE G
x
INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS
48
CITY APPROVED A & E FORM (AUGUST 2010)
f
SCHEDULE H
BEST VALUE AMENDMENT
The Consultant agrees to abide-by all the required documentation of the City's Performance Information
Rrocurement System and submit the weekly reports.
49
CITY APPROVED A & E FORM (AUGUST 201.0) `