PSA with VFA, INC. PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
VFA, INC.
FOR
FOR CONDUCTING AND DOCUMENTING A DETAILED FACILITIES CONDITION
ASSESSMENT OF VARIOUS BUILDINGS/ASSETS OWNED BY THE CITY OF
MIAMI BEACH, AND TO DEVELOP A SCHEDULE FOR ASSETS AND
EQUIPMENT REPLACEMENT WITHIN THE BUILDINGS/ASSETS TO INCLUDE
CURRENT AND PROJECTED FUTURE REPLACEMENT COSTS,
PURSUANT TO RFQ No. 56-11/12
This Prof sional Services Agreement ("Agreement") is entered into this �� day of
1'l , 2014, (Effective Date), between the CITY OF MIAMI BEACH, FLORIDA, a
m nicipal corporation organized and existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and
VFA, INC., a Massachusetts corporation, whose address is 99 Bedford Street, Boston,
Massachusetts 02111 (Consultant).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach, RFQ No. 56-
11/12 for conducting and documenting a detailed facilities condition
assessment of various buildings/assets owned by the City of Miami
Beach, and to develop a schedule for assets and equipment
replacement within the buildings/assets to include current and
projected future replacement costs, together with all amendments
thereto, issued by the City in contemplation of this Agreement (RFQ),
and the Consultant's proposal in response thereto (Proposal), all of
which are hereby incorporated and made a part hereof; provided,
however, that in the event of an express conflict between the Proposal
Documents and this Agreement, the following order of precedent shall
prevail: this Agreement; the RFQ; and the Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number
(305) 673-7000, Ext. 6515: and fax number (305) 673-7023.
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SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall
provide the work and services described in Exhibit"A" hereto (the Services).
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit"B" hereto.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, which shall be the Effective Date on page 1 hereof, and shall terminate 120
days following the Effective Date. The Services must be completed within 120 days of the
Effective Date; provided, however, that the City Manager may extend the Term, but any such
extension, if granted at all, shall be at the Manager's sole discretion.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant shall be compensated on
a fixed fee basis, in the amount of $98,534, which amount is inclusive of reimbursable and
any other expenses incurred by Consultant with regard to the Services.
4.2 Invoices will be submitted for each location in Exhibit "A" after the report for that
location is completed and submitted to the City
4.3 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty
(30) days for that portion (or those portions) of the Services satisfactorily rendered.
Invoices shall include a detailed description of the Services (or portions thereof) rendered,
and shall be submitted to the City at the following address:
City of Miami Beach
Public Works- Property Management Division
1700 Convention Center Drive
Miami Beach 33139
Attn: Anthony Kaniewski, Property Management Division, Director
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through
its City Manager, shall thereupon have the right to terminate this Agreement for
cause. Prior to exercising its option to terminate for cause, the City shall notify the
Consultant of its violation of the particular term(s) of this Agreement, and shall grant
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Consultant ten (10) days to cure such default. If such default remains uncured after
ten (10) days, the City may terminate this Agreement without further notice to
Consultant. Upon termination, the City shall be fully discharged from any and all
liabilities, duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by any breach of the Agreement by the
Consultant. The City, at its sole option and discretion, shall be entitled to bring any
and all legal/equitable actions that it deems to be in its best interest in order to
enforce the City's right and remedies against Consultant. The City shall be entitled to
recover all costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,
CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY
PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE
CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND
TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the
Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for
the parties shall be the same as provided for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or
in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Consultant, its officers, employees, agents,
contractors, or any other person or entity acting under Consultant's control or supervision, in
connection with, related to, or as a result of the Consultant's performance of the Services
pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and
losses and shall pay all such costs and judgments which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys' fees expended by the
City in the defense of such claims and losses, including appeals.
The parties agree that one percent (11%) of the total compensation to Consultant for
performance of the Services under this Agreement is the specific consideration from the City
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to the Consultant for the Consultant's indemnity agreement. The provisions of this Section
6.1 and of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force during the Term, the following insurance:
1. Workers' Compensation and Employer's Liability per the statutory limits of the
state of Florida.
2. Comprehensive General Liability (occurrence form), limits of liability
$1,000,000.00 per occurrence for bodily injury and property damage (to include
Premises/ Operations; Products, Completed Operations and Contractual
Liability). All coverage required herein shall name the City of Miami Beach,
Florida as a named additional insured.
3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included. All coverage required herein shall name the City of Miami
Beach, Florida as a named additional insured.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+"
as to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Consultant's certificates shall contain endorsements providing that written notice shall
be given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the
Risk Manager. The City shall have the right to obtain from the Consultant specimen copies
of the insurance policies in the event that submitted certificates of insurance are inadequate
to ascertain compliance with required coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance
certificates for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities
and obligations under this Section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Consultant and the City expressly waive
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any rights either party may have to a trial by jury of any civil litigation related to or arising out
of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$10,000. Consultant hereby expresses its willingness to enter into this Agreement with
Consultant's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount
in excess of $10,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28,
Florida Statutes.
SECTION 9
[INTENTIONALLY DELETED]
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manger may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit,
examine, and/ or inspect, any and all other documents and/or records relating to all matters
covered by this Agreement. Consultant shall maintain any and all such records at its place
of business at the address set forth in the "Notices" section of this Agreement.
10.2 [INTENTIONALLY DELETETD]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless
as approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
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10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form
PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity
Crimes with the City's Procurement Division,
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Consultant shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability, marital and familial status, or
age.
10.6 CONFLICT OF INTEREST
The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as some may be amended from time to time); both of which are
incorporated by reference herein as if fully set forth herein.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly, which could conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the performance of
this Agreement, no person having any such interest shall knowingly be employed by the
Consultant. No member of or delegate to the Congress of the United States shall be
admitted to any share or part of this Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONSULTANT: VFA, Inc.
99 Bedford Street
Boston, MA 02111
Attn: Jim Summers, Vice President
Phone: 617-772-8200
TO CITY: City of Miami Beach
Public Works-Property Management Division
1700 Convention Center Drive
Miami Beach, Florida 33139
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Attn: Anthony Kaniewski, Property Management.
Division Director
Phone: 305-673-7000 ext. 2914
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the p arties to this Agreement.
12.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of
"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law;
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
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d) Meet all requirements for retaining public records and transfer to the City, at no City
cost, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the Consultant upon
termination of this Agreement. Upon termination of this Agreement, the Consultant
shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must
be provided to the City in a format that is compatible with the information technology
systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing software,
or other material, regardless of the physical form, characteristics, or means of transmission,
made or received pursuant to law or ordinance or in connection with the transaction of official
business of the City.
Consultant's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach o f this Agreement.
In the event the Consultant does not comply with the public records disclosure requirement
set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole
discretion, avail itself of the remedies set forth under this Agreement and available at law.
Confidentiality.
(a) Consultant and the City understand and agree that in the performance of this Agreement
each party may have access to private or confidential information of the other party,
including, but not limited to, trade secrets, financial information, customer information,
technical information, software programs, source code, data, techniques, know-how,
developments and inventions (hereinafter referred to as "Confidential Information"). Without
limiting the generality of the foregoing, all Work Product (as hereinafter defined) shall be
deemed Confidential Information of the City. Each party agrees that: (i) all Confidential
Information will remain the exclusive property of the owner; (ii) it will maintain, and will use
prudent methods to cause its employees and agents to maintain, the confidentiality and
secrecy of the Confidential Information; (iii) it will use prudent methods to ensure that its
employees and agents do not copy, publish, disclose to others or use (other than pursuant to
the terms hereof) the Confidential Information; and (iv) it will return or destroy all copies of
Confidential Information upon request of the other party. Information will not be deemed
Confidential Information to the extent it: (i) is or becomes a part of the public domain through
no act or omission on the part of the receiving party; (ii) is in the receiving party's possession
at or prior to the time of disclosure under this Agreement; (iii) is disclosed to third parties by
the disclosing party without restriction on such third party; (iv) is disclosed to the receiving
party by a third party having no obligation of confidentiality with respect thereto; (v) is
independently developed by the receiving party; or (vi) is released from treatment as
Confidential Information by written consent of the disclosing party.
(b) Not withstanding any other provision to the contrary in this Agreement, the parties hereby
acknowledge that each may be required to disclose information concerning the Project to
third parties pursuant to applicable federal, state or local law or regulation including, without
limitation, Florida Public Records Laws, as same may be amended from time to time. The
City and the Consultant also acknowledge that either may be obligated by judicial or other
governmental directive to disclose information relating to the Services provided by the
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Consultant under this Agreement. Each party hereby consents to all disclosures of such.
party's Confidential Information that the other party reasonably determines may be
necessary or required by applicable law, regulation or judicial or other governmental directive
arising from the conditions found or the Services performed by the Consultant under this
Agreement. In no event shall either party advance or otherwise pursue any claim against the
other party for damages or other relief arising out of any such disclosure. If a party or
anyone to whom it transmits the information pursuant to the terms hereof becomes legally required to
disclose any such information, such party shall, if legally permissible, provide the other party with
prompt written notice (prior to such disclosure) so that the other party may seek a protective
order or other appropriate remedy. In the event that such protective order or other remedy is
not obtained, the disclosing party shall furnish only that portion of the Confidential
Information which is required to be disclosed, in the sole opinion of the disclosing party's
counsel.
(c) Notwithstanding anything in this Agreement to the contrary, the Consultant shall be free to
use for any purpose the residuals resulting from its work on any Project. The term "residuals"
means information in intangible form which may be retained in unaided memory by persons
working on a Project, including ideas, concepts, know-how, and techniques contained
therein.
(a) Consultant shall retain all ownership, right, title and interest in any Intellectual Property
(as defined below) embodied in any deliverables or documentation therefor developed by the
Consultant while providing Services under this Agreement ("Work Product"). The Consultant
hereby agrees that the City shall have an unrestricted right to use any Intellectual Property
embodied in any Work Product for the City's own internal, end-use, only. Notwithstanding
the foregoing, to the extent permitted by law, as between the City and the Consultant, the
City shall own all right, title, and interest in the Client/Assessment Data (as defined below)
and the Consultant shall own all right, title, and interest in any Anonymous Data (as defined
below).
"Intellectual Property" means any and all rights under any patent, trademark or service mark,
copyright, and trade secret laws, and any other intellectual property or proprietary rights
recognized in any country or jurisdiction worldwide, including, without limitation, moral rights
and similar rights, and all applications and registrations relating thereto, whether presently
existing or created in the future. The Consultant's Intellectual Property shall include the
methods, methodologies, tools, modules and technologies, and the systems, methods and
methodologies related to the performance of the Services.
"Client/Assessment Data" means data collected from the City by the Consultant or its agents
during the performance of the Services. Client/Assessment Data may include, but is not
limited to, the following: information relating to the physical or functional condition of the
City's assets or capital planning, drawings, maintenance records, utility information, GIS
information, location information, process information, security information and code or
regulatory compliance information.
"Anonymous Data" means data that the Consultant collects from the City during the normal
course of Services and from which all identifying information, or references to identifying
information, relating to the City have been removed. Identifying information means the City's
name, the City's specific address or specific location, the City's tax identification number,
employer identification number, central index key or other similar number issued by any local,
state or federal governmental authority, the City's D-U-N-S Number or other similar number
or code, information regarding specific pieces of equipment owned, leased or used by the
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City, to the extent that a reference to such equipment, if known by a third party could be
reasonably expected to contribute to the determination of the identity of Client by such third
party, or any other information that, standing alone, uniquely identifies the City.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
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EXHIBIT "A"
SCOPE OF SERVICES
The services shall include a comprehensive inventory and assessment of facilities to assist
the Department of Property Management in identifying the need for immediate repairs,
preventative maintenance, deferred maintenance backlog, and capital replacement to
develop a comprehensive asset management plan and develop future budgets. The final
report shall include an overall condition of the facilities; including updates to system inventory
data. The report should list immediate and prioritized needs, facility condition index (FCI),
replacement cost index, total cost of ownership evaluation and a 5-year incremental and 20-
year forecast of the maintenance requirements and costs that can be adjusted for inflation.
The services shall also include updating facility assessment software data utilizing VFA
Auditor. The Consultant shall provide the City data with information in an electronic format(s)
and hard copy with means to update information for continued use in identifying deficiencies
and developing maintenance, rehabilitation, and capital replacement projects. Coordination
with Property Management is required. The Consultant shall coordinate with the City's
Department of Property Management to schedule inspections. Property Management will be
responsible for coordinating access for all City buildings and providing existing inventory
data. The Consultant will provide a schedule (Not To Exceed. 120 calendar days) indicating
milestones of the project, noting date for completion of phases of work and deliverables, and.
provide periodic/quarterly PowerPoint updates (i.e., progress to date, key initial findings,
issues/concerns, next steps, updated milestones and schedule) to City staff.
Pre-Assessment Preparation Phase
As part of the Pre-Assessment meeting the following information is typically discussed as
part of our assessment needs:
• Basic building Information
• Systems to be assessed
• Special data that needs to be tracked
• Previous assessments performed and success rates working with the results
• Current process for Capital Planning
• Assessment Logistics
1. Set Goals -Consultant will set up a meeting (either via teleconference or in person)
with the City to confirm the goals and objectives for the project.
2. Confirm Scope and Deliverables - Consultant will work with the City to establish
and document the parameters for the assessment / survey. A scoping meeting (also
via teleconference or in person) will be held to discuss and confirm schedules,
assessment/survey criteria, data classifications, prioritizations and categorizations.
VFA.facility software will be used for storing asset data to support the City's analysis,
reporting, and planning needs.
3. Collect Baseline Data / Documentation - Consultant will communicate with City's
Property Management Division Director, (via email or teleconference) to help it gather
information that the Consultant assessment and survey teams will need.
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Data will include asset location, number, use and name, dates of initial construction
and any renovations, number of floors, gross area, and any other relevant data.
Data will be uploaded into VFA.facility software and must be provided to the City in
spreadsheet or database format. Facilities information regarding site maps, principal
asset activities, occupancy schedules, any outstanding asset code violations, recent
studies such as ADA or roofing inspections.
The Assessment Phase is the on-site work performed by Consultant's assessment team.
Data entry/analysis work will be done at Consultant office. By the end of this phase the
assessment data will be collected and populated in VFA.facility software. This includes
analysis of the data, such as cost estimates for corrective actions.
Consultant will visually inspect all of the assets included in the scope of the project to identify
deficient conditions and assess the remaining lifecycle of designated asset systems. The
Assessment team will document requirements, including digital photographs of asset
exteriors and any observed conditions within the assets. The survey will include a visual
inspection of the building and all of the building's architectural, mechanical, electrical, and
site systems listed in Table 1.
Table 1 VFA assesses architectural, mechanical, and electrical systems as classified by the
Uniformat standards.
Substructure Fittings Fuel Pumps & Plumbing Fixtures
Storage Tanks
Superstructure Stairs Fire Suppression Domestic Water
Distribution
Exterior Walls Wall Finishes Electrical Service & HVAC Systems
Distribution
Exterior Floor Finishes Lighting & Branch Heat Generating
Windows Wiring Systems
Exterior Doors Ceiling Finishes Communications & Cooling Generating
Security Systems
Roofing Conveying Fire Service Water Distribution
Systems
Partitions Steam Electrical Terminal &
Package Units
Interior Doors Chilled Water Chillers Controls &
Distribution
Interior Walls Compressed Air Boilers Vertical
System Transportation
Interior Flooring Telecommunications
& Paging
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The inspection of the asset interiors will include all mechanical and electrical rooms, as well
as a representative sampling of rooms. Resultant requirements will be identified for the entire
asset or system (not by individual room or component). The inspections of the asset exteriors
will include an approximate ten-foot perimeter around the asset and the areas adjacent to
and/or attached to the asset that are inherent to the asset's use, such as ramps, stairs,
paving, landscaping, and exterior, wall-mounted lighting.
If intrusive and destructive testing such as infrared, roofing core sampling, soil testing,
generator testing, and hazardous material observed field conditions warrant further testing,
consultant will make recommendations for such investigation as appropriate.
After the on-site work is complete, the survey team will review their notes and findings and
begin entering all of the collected data into VFA.facility software. This will include descriptive
narratives, field entries, and photos as described in the following list:
• Asset Descriptions: A narrative summary of each assessed facility will be
documented in the asset description. Additional details of each of the asset's systems
will be recorded in system descriptions.
• System Models and Conditions. Assets (buildings) are broken down into their
component systems in the database. These system models provide an up-to-date
record of what exists within the building at the time of the assessment (i.e., what type
of roof?), and how much of it is present (i.e., how much acoustical ceiling tile vs.
gypsum wallboard ceilings). System models record the expected useful lifespan of
each system (i.e., how long should this roof last?) and how much useful life remains
based on the visual inspection (i.e., how long can we expect the roof will last?). A
replace-in-kind replacement value is established for each system as well as a
projected renewal cost (i.e., how much should we expect to pay when the system is at
the end of its life?). Based on the information gathered in the inspection, you will have
an understanding of the reinvestment rate required on an annual basis to replace
system components that have reached or exceeded the end of their useful lives.
• Design & Contingency Adjustment: The RSMeans data used in the
VFA.facility software templates accounts for materials and labor (raw
construction costs) to replace a given system as well as overhead and profit
related to the primary contractor (the subcontractor level such as the HVAC
contractor for HVAC work). Engineering, design, and inspection fees are not
included in the costs. Additionally, no contingency costs are carried. Should
the City require that these be included, FIRM will adjust the raw construction
costs by an agreed upon percentage for each.
• Requirements: Requirements are issues such as systems or components that are
unsafe, broken/damaged, can no longer perform the intended function, are
approaching or have exceeded their useful life spans, do not conform to current
codes, or may be an improvement to the facility, such as an energy conservation
project. The survey will typically include capital needs rather than operational, such
as major repair to air handling unit vs. changing a fan belt. (Capital vs. operational
expenses is often set by a dollar minimum threshold, such as $5,000 and will be
agreed upon at the beginning of project.) Each requirement is individually classified
by priority, category (cause of issue), system, and inspector, thereby allowing for
multiple queries and flexible data analysis. If required, additional classifications for
specific needs can also be created by the project manager or your site administrator.
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o The priority designates the year in which the inspector recommends the
requirement be addressed. This is based on the best judgment that can be made
at the time of inspection given the condition of the system or building component.
Priority is solely based on condition and does not factor in urgency based on
business importance; such factors may be applied by another data classification
such as "mission criticality." For example, if a generator is recommended to be
replaced within 5 years based on its expected remaining useful life, it would be
classified as a Priority 3 (using the standard definition). However, your
organization may deem that because the generator provides critical systems
backup, it is more urgent and therefore decide to replace it sooner by promoting
the priority or by applying another classification to escalate its importance.
Standard definitions of priorities currently defined in the City of Miami Beach's
existing VFA.facility softeware database are provided in Table 2.
Table 2 Priorities associate requirements with a timeframe; priorities shown here
are the existing City of Miami Beach requirements.
Priority Definition
Priority 1 Currently . Require immediate action
Critical (immediate) • Correct a cited safety hazard
• Stop accelerated deterioration
• Return a facility or equipment to
operation
Priority 2 Potentially . If not corrected expeditiously, will
Critical (year 2) become critical within a year
• Potential life safety hazard
• Intermittent operations
• Rapid deterioration which will lead to
loss of facility operation
Priority 3 Necessary - Not . Repairs which provide a rapid return
yet critical (year 3) on investment, often including energy
efficiency projects
• Associated damage or higher costs if
deferred further
• Building or site improvements
uncompleted due to inadequate
funding or other reasons
• Repairs which will preclude
predictable deterioration, potential
downtime, and / or higher short-term
maintenance costs, or replacement of
building components which have
exceeded their predicted usef ul life
Priority 4 Recommended . Sensible improvement to existing
(years 6-10) conditions that is not required for the
basic function of the facility
• Overall usability improvement
• Long term maintenance cost
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reduction
Priority 5 Does Not Meet No action is required at this time, but
Current Codes / substantial work performed in the
Standards future may require correction
("Grandfathered")
o Categories are used to classify the cause or reason for the requirement and will
be finalized with you during the Pre-Survey meeting. The City's existing
categories in VFA.facility softeware are shown in Table 3.
Table 3 Categories group requirements by cause or reason.
Category Sub-category
Code Compliance • Accessibility
• Building Code
• Grandfathered Code Life Safety
Environment • Air and Water Quality
• Asbestos
Functionality . Modernization
• Obsolescence
Integrity . Appearance
• Beyond Useful Life
• Reliability
Operations • Energy
• Maintenance
• Security
o Corrective Actions: consultant will recommend a corrective action for each
requirement. The actions will be based upon the materials and equipment
required to repair or replace the identified deficiency along with necessary labor.
Consultant will work with the City to identify any soft costs (e.g., permitting
fees, project management fees, etc.) that should also be included.
o Digital Photos: consultant will import digital photos taken during the assessment
to visually illustrate existing conditions. A selection of photographs of the asset
exterior and the critical requirements within each asset will be stored and linked to
requirements where a supporting photo is beneficial.
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Consultant shall ensure a quality project through a comprehensive Quality Assurance
Program. Data shall be reviewed by team members, project managers, and the designated
QA manager for the project before submission to the City for review.
Data in VFA.facility software will be used to determine the long-term system renewal costs
and timing, develop multiple funding options, and perform a comparative analysis of these
funding options; these analyses will be discussed with you.
The Consultant shall equip the City with information to make sound decisions about long-
term capital reinvestment in your existing buildings.
After the facilities 'assessment data has been entered into the database and action
methodologies and costs have been established, benchmarking the condition of the facilities
can begin.
A Facility Condition Index (FCI) will be calculated for each asset (building) evaluated,
providing a key benchmark indicator to quantify the condition of the property (see Figure 1). It
is calculated as the deferred maintenance and renewal needs (typically over a 5 year period)
divided by the current replacement value of the building. The lower the FCI value, the better
the condition of the building.
Your organization will be able to ascertain the impact of various funding levels on the FCI of
the assets, or alternatively, the funding requirements to achieve a specific asset FCI.
Facility Condition Index(FCI)
Ao it du-stty standard parvafnetric
tool vsed tct compare reltative biui1;iing�G'd�f�IGr2
FC1 total cost of existing deficiencies
current replacement value
Exce'.lent Good Fair-Poor
50% 100%
Figure 1 FCI is an extremely useful metric for assessing asset condition.
Based on the criteria selected (i.e., assets, building systems, requirement priorities and
categories, number of years forecasted, etc.), VFA.facility software will calculate the long-
term renewals for the assets and systems included in the project utilizing the previously
developed system model and systems conditions evaluation. In addition, consultant will also
explore and analyze alternative funding strategies for restoring and maintaining a targeted
level of asset condition. By varying levels of funding, timing and project content, the impact
on facilities/infrastructure condition over time can be understood. These alternative strategies
will be reviewed and discussed with your organization.
Using these analytical capabilities, competing funding requirements can be analyzed based
on criteria and logic that consultant will establish with you to ensure consistent, equitable,
goal-oriented, needs-based, and efficient capital planning. The resulting funding analysis can
then be used by you to establish funding levels to support the development of your capital
plan.
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During this Assessment Phase, Consultant capital planning and management software will
be used by Consultant's assessors to determine the long-term system renewal costs and
timing, multiple funding options will be developed, and a comparative analysis of these
funding options will be discussed with you. A preliminary draft report will be submitted to you
after the data has been evaluated and entered into VFA.facility software. This preliminary
report will give you an opportunity to review content, including a review of data classifications
(such as priorities, categories, and systems), general consistency of overall estimates, and
report formats.
The draft report will contain:
• Narrative Summary: A complete description of the facility and a summary of
deficiencies listed within each section of the detailed report. (Asset lists and
summaries— by age, use, FCI)
• Digital Facility Photographs.
• Facility Work Type Summary: A summary breakdown of type of work and total costs
for each facility. (Deferred maintenance summaries — presented by priority, system
and category and cross tabular format)
• Facility System Summary: A summary breakdown of the total costs for a facility by
assessed system. (System renewal forecasts and SCI reports)
• Major Deficiency Photographs: By inspection types using digital cameras
• Inspection Details: This report is divided by inspection type for each facility (Asset
snapshots —asset descriptions, systems information, requirement lists)
Consultant will establish a read-only user account during the course of the project which will
allow the City personnel to monitor progress, review data, and make comments on facility
assessment data once it has been subm itted for review.
Consultant Project Manager will make any adjustments to the format of the report and will
prepare The Final Building Evaluation Report for the remainder of the assets. The Final
Building Evaluation Report will document the findings and present analyses of the FCA, and
will include the following sections:
• Executive Summary
• Assessment Methodology
• Funding Scenarios
• Capital Renewal Requirements
• Client Summary Data Reports (Requirement Summaries and Cross-tabular Reports)
• Detailed Requirement Reports (Including Asset Summary, Requirement Descriptions)
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Post-Assessment Phase
Once the assessment and analysis is complete, Consultant will present their findings and
assist City to become self-sufficient in maintaining the data and reporting from the software.
Presentation of Findings - Consultant via WebEx or on-site at the City present the final
results of the assessment. The data will be presented logically and methodically.
FIELD VISITS
• Each field week/trip usually begins with the team having an in-person kick off meeting
that involves the facility managers of the buildings to be assessed during that trip, to
review logistics of day-to-day schedule, known issues and access procedures.
• Each field week/trip usually concludes with the team doing a short "out-briefing"
meeting with key City managers, highlighting important findings, especially any life-
safety issues found.
DATA, COSTING & DRAFT REVIEWS
• Consultant team will work with City of Miami Beach, Property Management, Division
Director to compare base cost estimates for early draft data with historical costs at the
City, and establish appropriate adjustment factors. Data for each phase (including
these adjustment factors) will be "QC'd" (quality control checked) and then delivered
in DRAFT form for the City to review.
• City review and feedback period for the data is typically 3 weeks.
FINAL REPORTS & PRESENTATION
• Consultant will meet with City of Miami Beach, Property Management, Division
Director prior to assembling final deliverables, to outline major findings and decision
points that the City would like reflected in the report.
• Consultant will incorporate City feedback and comments when preparing "final"
reports. Final reports on the findings are delivered at the end.
A formal presentation of findings is planned at the end of the project, after Final Reports are
completed for all phases. (Pre-Assessment, Assessment and Post Assessment Phases).
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EXHIBIT B
Consultant will be required to provide a thorough FCA of the City owned facilities listed
below, following the VFA Capital Planning Management Solution software format used by the
City for facility condition assessment.
All inspectors must be certified by the State of Florida to perform inspections for their specific
discipline(s) and must have extensive knowledge of current building code requirements.
Facilities scheduled for FCA are listed below:
FACILITY SQ. FT.
SF Cost Cost
17TH ST.PARKING 474,500 $0.06 $28,470
12TH ST.PARKING 43,500 $0.06 $2,610
CITY HALL 111,388 $0.11 $12,253
SCOTT RAKOW 54,279 $0.11 $5,971
21ST COMMUNITY CENTER 15,885 $0.11 $1,747
PAL BUILDING 13,000 $0.11 $1,430
NORMANDY ISLE PARK POOL 7,412 $0.11 $815
STILLWATER PARK BLDG 1,629 $0.40 $652
NORTH SHORE BAND SHELL 2,240 $0.40 $896
MUSS PARK BLDG. 2,035 $0.40 $814
MARINE PATROL BLDG. 1,943 $0.40 $777
COLONY THEATER 28,000 $0.11 $3,080
7TH ST.PARK 226,100 $0.07 $15,827
HISTORIC CITY HALL 34,880 $0.11 $3,837
BYRON CARLYLE THEATER 28,000 $0.11 $3,080
777 BLDG. 34,565 $0.11 $3,802
BASS MUSEUM 31,125 $0.11 $3,424
SOUTH SHORE COMMUNITY CENTER 18,730 $0.13 $2,435
TATUM PARK BLDG 1,512 $0.40 $605
LUMMUS PARK BEACH RESTROOM 1,200 $0.40 $480
10 TH BEACH/10TH STREET AUDITORIUM 12,714 $0.13 $1,653
14TH STREET RESTROOM 900 $0.41 $369
A-NORMANDY SHORES PARK
RESTROOM&STORAGE 512 $0.41 $210
A-N.SHORE OPEN SPACE PARK
PAVILION#1 576 $0.41 $236
A-N.SHORE OPEN SPACE PARK
PAVILION#2 576 $0.41 $236
A-N.SHORE OPEN SPACE PARK
PAVILION#3 576 $0.41 $236
A-N.SHORE OPEN SPACE PARK
RESTROOM#1 480 $0.41 $197
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A-N.SHORE OPEN SPACE PARK
RESTROOM#2 480 $0.41 $197
A-N.SHORE OPEN SPACE PARK
RESTROOM#3 480 $0.13 $62
ACORN BAND SHELL 1,200 $0.40 $480
ACORN THEATER 2,436 $0.28 $682
HISTORIC FIRE STATION#2 3,400 $0.20 $680
SANITATION STORAGE 710 $0.41 $291
TOTALS .FT. 1,156 963 $98,534
The Services must be completed within 120 days of the Effective Date of the Agreement. All
data gathered from the FCA must be loaded into VFA facility software by the Consultant
within 90 days of completion of such FCA.
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