Agreement with Fentress Architects RFQ 2014-142ME AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
FENTRESS ARCHITECTS
FOR
DESIGN CRITERIA PROFESSIONAL SERVICES
FOR
THE MIAMI BEACH CONVENTION CENTER RENOVATION PURSUANT TO REQUEST FOR
QUALIFICATIONS 2014-142ME (RFQ)
Resolution No. 2014-28538
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TABLE OF CONTENTS
DESCRIPTION PAGE
ARTICLE 1. DEFINITIONS 3
ARTICLE 2. BASIC SERVICES 9
ARTICLE 3. THE CITY'S RESPONSIBILITIES 15
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 18
ARTICLE 5. ADDITIONAL SERVICES 19
ARTICLE 6. REIMBURSABLE EXPENSES 20
ARTICLE 7. COMPENSATION FOR SERVICES 20
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 21
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 21
ARTICLE 10. TERMINATION OF AGREEMENT 22
ARTICLE 11. INSURANCE 24
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 25
ARTICLE 13. ERRORS AND OMISSIONS 26
ARTICLE 14. LIMITATION OF LIABILITY 26
ARTICLE 15. NOTICE 27
ARTICLE 16. MISCELLANEOUS PROVISIONS 27
SCHEDULES:
SCHEDULE A SCOPE OF SERVICES 34
SCHEDULE B CONSULTANT COMPENSATION 42
SCHEDULE C HOURLY BILLING RATE 44
SCHEDULE D CONSTRUCTION COST BUDGET 45
SCHEDULE E PROJECT SCHEDULE 46
SCHEDULE F INSURANCE AND SWORN AFFIDAVITS 47
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,TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
FENTRESS ARCHITECTS
FOR
DESIGN CRITERIA PROFESSIONAL SERVICES
FOR
THE MIAMI BEACH CONVENTION CENTER RENOVATION PURSUANT TO REQUEST FOR
QUALIFICATIONS 2014-142ME (RFQ)
This Agreement made and entered into this /4—day of ' 2014, by and between the CITY
OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida,
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139,
(hereinafter referred to as City), and FENTRESS ARCHITECTS, a Colorado corporation having
its principal office at 421 Broadway Denver Colorado 80203 (hereinafter referred to as
Consultant).
WITNESSETH:
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which
is more particularly described in the Scope of Services attached as Schedule "A" hereto, and
wishes to engage the Consultant to provide specific professional services including, without
limitation, Design Criteria Professional services for the Project, at the agreed fees set forth in
this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of the
aforestated professional services relative to the Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal
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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 Qualification
No. 2014-142ME, entitled "Design Criteria Professional Services for the Miami Beach
Convention Center Renovation, which is intended to be a Design-Build Contract; and to serve
as the City's representative during the selection of the Design-Build firm for the project,
concerning the evaluation of the responses submitted by the Design-Build firms; review and
approve for compliance of the detailed working drawings for the project; and for evaluation of
the compliance of the project construction with the Design Criteria Package" 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. The Consultant shall also be the Design Criteria
Professional for the Project and, as such, shall be responsible for performing, or causing to be
performed, all Services in connection with the preparation of the Design Criteria Package for the
Project. For purposes of this Agreement, both the terms "Design Criteria Professional" and
"Design Criteria Package" shall have the meanings set forth in Section 287.055, Florida Statutes
(also known as the "Consultants' Competitive Negotiation Act". When the term "Consultant" is
used in this Agreement it shall also be deemed to include any officers, employees, sub-
consultants, agents, and any other person or entity acting under the supervision, direction, or
control of Consultant. Any sub-consultants retained by Consultant for the Project shall be
subject to the prior written approval of the City Manager. Consultant shall provide the Project
Coordinator with copies of the contract between Consultant and any sub-consultant. Any such
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contracts shall contain provisions that preserve and protect the rights of the City under this
Agreement. Nothing contained in this Agreement shall create any contractual relationship
between the City and sub-consultants. Any approval of 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 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:
1. Kimley Horn — Civil Engineering &Traffic Engineering
2. Martin/Martin Inc. — Structural Engineering
3. West 8 Urban Design and Landscape Architecture P. C. — Landscape Design
4. M-E Engineers—Mechanical, Electrical, Plumbing Engineering
5. D. L. Adams Associates— IT/Telecom, Acoustic, Audio/Visual Engineering
6. Rolf Jensen &Associates Inc. —Code and Life Safety Engineering
7. Illume— Lighting Design
8. Tamara Kudrycki Design — Signage and Wayfinding Design
9. Lerch-Bates —Vertical Transportation Engineering
10. William Caruso &Associates - Food Service Design
11. Rider Levett Bucknall —Construction Cost Estimating
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.
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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.
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the
actual total cost to the City of the Work (as established in the Contract Documents, as they may
be amended from time to time), including a contingency allowance for unforeseen conditions,
not to exceed ten percent (10%) of the construction cost for new construction, or 15% for
renovation of existing buildings.
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 "D"
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 the 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,
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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, joint venture, or other entity contracting with City for performance of the Work
covered in the Contract Documents. With regard to this Agreement, in particular, the term
"Contractor' shall refer to the Design-Build firm contracting with the City for performance of the
design services and Work for the Project.
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 solicitation for
the construction of the Project (which the City anticipates to be a solicitation for a design-build
contract), bid bond, the Contract for Construction (which the City anticipates to be a design-build
contract surety payment and performance bonds, Conditions of the Contract for Construction
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(General, Supplementary, and other Conditions), Divisions 0-17, Design Criteria Package,
approved Change O rders a pp roved Construction Change Directives and/or a pp roved written
order(s)for a minor change in the Work.
1.14 CONTRACT FOR CONSTRUCTION: In this Agreement, the term "Contract for
Construction" shall mean the legally binding agreement between City and with Contractor, which
is intended to be a Design-Build contract for performance of the design services and Work for
the Project.
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans,
technical specifications, drawings, documents, and diagrams prepared by the Contractor
pursuant to its Contract for Construction, which show the locations, characters, dimensions and
details of the Work to be done, and which are in compliance with 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 (or other such amount as may be specified by the City of Miami Beach
Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five
thousand ($25,000.00), the City Manager reserves the right to seek and obtain concurrence of
the City Commission for approval of any such Contract Amendment.
1.17 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 duly 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 permitting fees, etc.
1.21 BASE BID: "Base Bid" shall mean the elements contained in the documents
recommended by the Consultant (and approved by the City) as being within the Construction
Cost Budget.
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
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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 — Insurance Requirements and Sworn Affidavits
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 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 of the Project, without negatively impacting
concurrent work by others. The Consultant shall coordinate the Services with all of its sub-
consultants, as well as other Consultants, including, without limitation, City provided Consultants
(if any).
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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. Consultant warrants and represents to the City that it is
experienced, fully q ua lified and properly licensed (P ursuant to A pp licable Laws) to perform the
Services. Consultant represents to City that it is responsible for the technical accuracy of the
Services (including, without limitation, the Contract Documents contemplated in Schedule "A"
hereto).
2.5 The Consultant's Basic Services are set forth and described in Schedule "A" hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals
issued by the City shall not constitute nor be deemed a release of the responsibility and liability
of the Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants),
for the accuracy and competency of its/their designs, working drawings, plans, technical
specifications, or other technical documents, nor shall such approval and/or decisions be
deemed to be an assumption of such responsibility by the City for a defect, error or omission in
designs, working drawings, plans, technical specifications, or other technical documents;
provided, however, that the Consultant shall be entitled to reasonably rely upon the accuracy
and validity of writte n dec isions and approvals furnished rnished by the Cit y p ursuant to this Agreement.
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2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in
this respect, the parties agree as follows:
2.7.1 Term: The term of this Agreement shall commence upon execution by the parties
(subject to approval of the Agreement by the Mayor and City Commission) (the Effective
Date), and shall be in effect until all Services are completed or until the work and/or
services under the Notices to Proceed in force at the end of the stated period of time
have been completed and the Services accepted, whicheve r may b
e 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 to 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
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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.
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,
outside of the standard of care normally exercised by consultants in the design of comparable
projects; or caused by the negligence, recklessness, or intentionally wrongful conduct of
Consultant; 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 consultanting 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-
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performance of any non-conforming construction services resulting from such deficient 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 its sub-consultants, the Consultant
shall, in approving and accepting such work, represent that the professional quality,
completeness, and coordination of such sub-consultant's work conforms to the quality,
completeness, and coordination expected of and provided by the profession in the State of
Florida applicable to the design construction of public and commercial buildings.
Notwithstanding anything contained in this Section 2.9, or in this Agreement, neither party shall
be liable to the other for incidental or consequential damages including loss profits.
2.9.1 The Consultant shall be responsible for deficient or defective Services which may
result from Consultants negligence, and any resulting deficient, defective construction
services re-performed within twelve (12) months following final acceptance and shall be
subject to further re-performance, repair and replacement for twelve (12) months from the
date of initial re-performance, not to exceed twenty-four months (24) from final
acceptance.
2.9.2 Consultant Performance Evaluation: The Consultant is advised that a
performance evaluation of the work rendered throughout this Agreement will be completed
by the City and kept in the City's files for evaluation of future solicitations.
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
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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 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
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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
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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 its work on the Project. If,
during the course of performing of the Services, Consultant determines that work should be
performed to complete its work on the Project, and which is, in the Consultant's reasonable
opinion, outside the level of effort originally anticipated in the Scope of Services, Consultant
shall promptly notify the Project Coordinator, in writing, and shall obtain the Project
Coordinator's written consent before proceeding with such work. If Consultant proceeds with
any such additional work without obtaining the prior written consent of the Project Coordinator,
said work shall be deemed to be within the original Scope of Services, and deemed included as
a Basic Service (whether or not specifically addressed in the Scope of Services). Mere notice by
Consultant to the Project Coordinator shall not constitute authorization or approval by the City to
perform such work. Performance of any such work by Consultant without the prior written
consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and all Project documents and
records pertinent to the Services and shall provide the City, upon request, with copies of any
and all such documents and/or records. In addition, Consultant shall provide electronic
document files to the City upon completion of the Project.
2.17 The City's participation in the design and construction of the Project shall in no way be
deemed to relieve the Consultant of its professional duties and responsibilities under the
Contract Documents or under Applicable Laws.
2.18 GREEN BUILDING STANDARDS:
The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and
Chapter 100 of the City Code, 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
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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 (except unless otherwise expressly provided in this Agreement or the Contract
Documents) during the design and construction of same. The Project Coordinator shall be
authorized (without limitation) to transmit instructions, receive information, and interpret and
define City policies and decisions with respect to the Services and the Project. However, the
Project Coordinator is not authorized to issue any verbal or written orders or instructions to
Consultant that would have the affect (or be interpreted as having the effect) of modifying or
changing, (in any way) the following:
a) the Scope of Services;
b) the time within which Consultant is obligated to commence and complete the Services;
or
c) the amount of compensation the City is obligated or committed to pay Consultant.
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
CF
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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, provided, however, that the City, and not Consultant, shall be responsible for the (i)
exterior and interior surveys of the Project site; and the (ii) geotechnical survey.
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
of an enabling resolution or amendment to this Agreement:
or conduct, by passage g g
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.
16
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.
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. CF
17
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 [INTENTIONALLY DELETED]
4.3 Consultant shall represent to the City that its review and evaluation of the Construction
Cost Budget, Statement of Probable Construction Cost, and any other cost estimates prepared
(or otherwise provided) by Consultant for the Project, represent Consultant's best judgment as
an experienced design professional familiar with the construction industry; provided, however,
that Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from
any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided)
by Consultant.
4.4 The Construction Cost Budget (as established in Schedule "D" hereto) shall not be
exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force
Majeure) which are beyond the control of the parties. Any expenditure above this amount shall
be subject to prior City Commission approval which, if granted at all, shall be at the sole and
reasonable discretion of the City Commission. The City Commission shall have no obligation to
approve an increase in the Construction Cost Budget and, if such budget is exceeded, the City
Commission may, at its sole and reasonable discretion, terminate this Agreement (and the
remaining Services) without any further liability to the City.
4.5 If the lowest and best base bid exceeds the Construction Cost Budget by more than five
percent (5%), the City Commission may, at its sole option and discretion, elect any of the
following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids,
and (at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the
remaining Services without any further liability to the City; (4) select as many Deductive
Alternatives as may be necessary to bring the lowest and best bid within the 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
18 c�
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; a lump sum to be negotiated at the
time of the request for additional serves or 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. Either option shall include an 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:
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 negligent error, negligent omission, negligent 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] 61V
19
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 for printing, telephone, and travel are included in Consultant's
fee, as set forth in Article 7 and Schedule "B" hereto. .
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's Lump Sum fee for provision of the Services shall be $10,967,200, (Ten
Million nine hundred sixty seven thousand two hundred dollars) including reimbursable
expenses.
7.2 Payments for Services shall be made within thirty (30) 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
r Additional Services (whether sub-contracted or not).
7.4 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 in the Hourly Billing Rate
Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a
year to year basis. Such adjustment will be based on the cumulative change of the CPI for the
Miami urban area, provided that in no event shall any the annual increase exceed three percent
(3%).
7.6 No retainage shall be made from the Consultant's compensation on account of sums
withheld by the City on payments to Contractor. C i�_
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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 percent
complete by task as outlined in Schedule A. 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, and
cost itemizations for Reimbursable Expenses (by category).
7.7.2 The City shall pay Consultant within thirty (30) 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 customary
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 be grounds for City's disallowance of
any fees or expenses based upon such entries. Consultant shall also bind its sub-consultants
to the requirements of this Article and ensure compliance therewith
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
9.1 All notes, correspondence, documents, plans and specifications, designs, drawings,
renderings, calculations, specifications, models, photographs, reports, surveys, investigations,
and any other documents (whether completed or partially completed) and copyrights thereto for
Services performed or produced in the performance of this Agreement, or related to the Project,
whether in paper or other hard copy medium or in electronic medium, except with respect to
copyrighted standard details and designs owned by the Consultant or owned by a third party
21
and licensed to the Consultant for use and reproduction (hereinafter, referred to collectively as
the Project Documents), 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).
Thereafter, the City grants a license to the Consultant for reusing and reproducing any
copyrighted portions of the Project Documents, for marketing purposes. In addition, the
Consultant shall not disclose, release, or make available any Project Document to any third
party without prior written approval from the City Manager except as provided for above. The
Consultant shall represent 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
Project Documents (including, without limitation, 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.
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)
CF
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violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays
the performance of the Services or any portion thereof; or (3) does not perform the Services or
any portion thereof in a timely and satisfactory manner. In the case of termination for cause by
the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon
receipt of the initial written notice of default from the City).
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
I
cause, the City through the City Manager, may also terminate this Agreement, upon fourteen
(14) days prior written notice to Consultant, for convenience, without cause, and without penalty,
when (in its sole discretion) it deems such termination to be in the best interest of the City. In
the event the City terminates the Agreement for convenience, Consultant shall be compensated
for all Services satisfactorily performed and accepted up to the termination date (as set forth in
the City's written notice), and for Consultant's costs in assembly and delivery to the Project
Coordinator of the Project documents (referenced in subsection 10.2.3 above). Upon payment
of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall
have no further liability to Consultant.
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement
23 C�
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
11.1 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 furnished to the Project
Coordinator:
(a) Professional Liability Insurance, in the amount of one million dollars
($5,000,000.00), per occurrence, with a maximum deductible of $250,000 per
occurrence, $450,000 aggregate. Consultant shall notify the Project Coordinator, in
writing, within thirty (30) days of any claims filed or made against its Professional Liability
Insurance policy.
(b) Comprehensive General Liability Insurance, in the amount of one million dollars
($1,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for each
occurrence, which shall include products, completed operations, and contractual liability
coverage. The City of Miami Beach, Florida must be named as an additional insured on
this policy.
(c) Worker's Compensation and Employer's Liability coverage within the statutory limits
required under Florida law.
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written
24 C-,�
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 the
Services.
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 as a result of the Consultant's (or any other persons employed or
utilized by the Consultant in the performance of the Services) negligence, recklessness, or
intentionally wrongful conduct. Consultant expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by Consultant shall in no
way limit its responsibility to indemnify, keep, and save harmless and defend the City or its
officers, employees, agents, and instrumentalities as herein provided.
12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible
for any claims which may result from any negligent, reckless, or intentionally wrongful actions,
errors or omissions of the Consultant in which the City participated either through review or
concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions
by the Contractor, or other acts of the Consultant, the City in no way assumes 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).
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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 a negligent error, a negligent omission, or any
combination thereof in the Contract Documents that were prepared by the Consultant may
constitute an additional cost to the City that would not have been incurred without the error. The
damages to the City for negligent errors, negligent 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 negligent errors or negligent omissions by the Consultant
Damages may include delay damages caused by the error, omission, or any combination
thereof, but shall not include lost profits, incidental or consequential damages. Should the
Consultant disagree that all or part of such damages are the result of errors, omissions, or any
combination thereof, the Consultant may appeal this determination, in writing, to the City's
Capital Improvement Projects Director (the Director). The Director's decision on all claims,
questions and disputes shall be final, conclusive and binding upon the parties hereto unless
such determination is clearly arbitrary or unreasonable. In the event that the Consultant does
not agree with the decision of the Director, the Consultant shall present any such objections, in
writing, to the City Manager. The Director and the Consultant shall abide by the decision of the
City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a
court of competent jurisdiction after the above administrative remedies have been exhausted.
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its
liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the "not to exceed" amount of
the fee paid to Consultant under this Agreement, less any amount(s) actually paid to Consultant
hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with
Consultant's recovery from the City for any damages for action for breach of contract to be
limited to Consultant's "not to exceed" fee under this Agreement, less any amount(s) actually
paid by the City to the Consultant hereunder.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to Consultant for money damages due to an
alleged breach by the City of this Agreement, in an amount in excess of the "not to exceed
amount" of Consultant's fees under this Agreement, which amount shall be reduced by any
26 G�
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
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Jimmy Morales, City Manager
With a copy to:
City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Maria Hernandez, Special Assistant to the City Manager
All written notices given to the Consultant from the City shall be addressed to:
Fentress Architects
421 Broadway
Denver Colorado 80203
Attn: Michael Winters
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified
mail, return receipt requested.
ARTICLE 16. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of
27 cl�
Florida, in Federal Court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF
ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
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 sub-consultant 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 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.
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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 119.071 (3), Florida Statutes, all
building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary,
and final formats, are exempt from disclosure under the provisions of Section 119.07(1),
Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the
State Constitution. Information made exempt by this paragraph, with prior written approval
from the City Manager, may be disclosed to another entity to perform its duties and
responsibilities; to a licensed architect, engineer, or contractor who is performing work on
or related to the Project; or upon a showing of good cause before a court of competent
jurisdiction. The entities or persons receiving such information shall maintain the exempt
status of the information.
16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant
agrees to abide by all applicable Federal, State, and City procedures, as may be
amended from time to time, by which the documents are handled, copied, and
distributed which may include, but is not limited to, each employee of Consultant
and sub-consultants that will be involved in the Project being required to sign an
agreement stating that they will not copy, duplicate, or distribute the documents
unless authorized by the City Manager, in writing.
16.5.2.2 The Consultant and its sub-consultants agree in writing that the Project
documents are to be kept and maintained in a secure location.
16.5.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
16.5.2.4 A log is developed to track each set of documents logging in the date,
time and name of the individuals that work on or view the documents.
16.5.2.5 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;
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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
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 of 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.
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 these Contract Documents prepared by Consultant,
including documents prepared by its sub-consultants. Compliance with this subsection shall not
eF
30
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 CONSULTANT'S REPRESENTATION: The Consultant represent 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, transfer or convey this Agreement to
any other person, firm, association or corporation, in whole or in part, without the prior written
consent of the City Commission, which consent, if given at all, shall be at the Commission's sole
option and discretion. However, the Consultant will be permitted to cause portions of the
Services to be performed by sub-consultants, subject to the prior written approval of the City
Manager.
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds
himself/herself, his/her partners, successors, legal representatives and assigns to the other
party of the Agreement and to the partners, successors, legal representatives, and assigns of
such party in respect to all covenants of this Agreement. The Consultant shall afford the City
(through the City Commission) the opportunity to approve or reject all proposed assignees,
successors or other changes in the ownership structure and composition of the Consultant.
Failure to do so constitutes a breach of this Agreement by the Consultant.
16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance
of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all
salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as
necessary to complete said Services.
cv,
31
16.12 NO THIRD PARTY BENEFICIARIES: 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.
16.13 NO WAIVER: No acceptance, order, payment, or certificate of or by the City, or its
employees or agents, shall either stop the City from asserting any rights or operate as a waiver
of any provisions hereof or of any power or right herein reserved to the City or of any rights to
damages herein provided.
16.14 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.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
32
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed
in their names by their duly authorized officers and principals, attested by their respective
witnesses and City Clerk on the day and year first hereinabove written.
Attest CITY OF MIAMI BEACH:
B E
CITY CLERK ..y Y
INCORP ORATED;
'••.,••. -NSULTANT: FENTRESS
g
R•••"" • A RCHITECTS
�H 26
Attest
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Signature/Secretary Signature/President
j c4k cCJLL—., C.,v2^rl s W �iy
Print Name Print Name
APPROVEO AS TO
FORM&LANGUAGE
4L FOR EXECUTION
5( � ( 4r
City a Date
33
LV
SCHEDULE A
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH & FENTRESS ARCHITECTS
FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION
CONSULTANT: FENTRESS ARCHITECTS, (the "CONSULTANT")
BACKGROUND
The City of Miami Beach plans to renovate and expand the MBCC under a design-build
structure. Under this contract the Consultant will act as the design criteria professional to
prepare the design criteria package to facilitate a design-build competitive process. In broad
terms, the design criteria professional will be responsible for designing and documenting the
renovation and expansion program through the design development stage (30% drawings),
commonly referred to as "bridging documents". The design criteria professional will also assist
with the evaluation of the design-build team responses and monitoring compliance to designs
and specifications throughout the construction drawing and construction process.
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34
SCOPE OF SERVICES
The City of Miami Beach plans to renovate and expand the MBCC under a design-build
structure. The Consultant acting as the design criteria professional will prepare the design
criteria package to facilitate a design-build competitive process. The design criteria professional
will be responsible for designing and documenting the renovation and expansion program
through the design development stage (30% drawings), commonly referred to as "bridging
documents". The design criteria professional will also assist with the evaluation of the design-
build team responses and monitoring compliance to designs and specifications throughout the
construction drawing and construction process. In general, the renovation is to include all
exhibit, meeting rooms, pre-function and support spaces such as loading docks, kitchens,
bathrooms, systems, and exterior areas. Buildings and exterior areas included under this scope
of services include all those within the boundaries of this map:
The MBCC is to be expanded to accommodate a new ballroom and meeting space as follows:
1. New 60,000± square foot Ballroom;
2. Breakout meeting space — renovated ballroom and meeting space totaling 200,000±
square feet;
3. New Outdoor Function Space;
4. Parking to accommodate at least 1,040 spaces and any Code requirements in either a
below grade parking garage of with a landscape and hardscape park on top located on
the "P" lot, or in other parking structures within the site or MBCC.
5. Existing Building Improvements as listed below
The specific scope of the renovation and expansion will be finalized with the City as part
of this services agreement.
A minimum of 500,000 sf of Exhibit Hall space will be maintained.
35 GY
a. Halls need to be reconfigured so they can be subdivided into four halls from East
to West. With this configuration, the skywalk may be removed depending on the
master plan for the east side of the center;
b. One of the subdivided halls may need the capability to be further subdivided for
smaller events;
c. Each subdivided exhibit hall needs access to approximately nine (9) loading
docks (36 in total);
d. Each subdivided exhibit hall shall include the appropriate freight doors as
specified by the City's operator;
e. Provide appropriate show offices adjacent to each hall if space is available;
f. Repair exhibit floor to provide for the appropriate Ibs per sq/f. Load;
g. Repair/improve infrastructure under exhibit halls (plumbing, electrical and
data/telecomm) to Class A standards;
h. Replace exhibit hall air handlers and install new VFD's,
6. Existing Meeting Rooms/Pre-Function:
a. Provide a general renovation of existing meeting spaces and pre-function areas
including all finishes (carpet, wall coverings, ceiling, etc.) and fixtures, lighting
and lighting controls, sound systems, rigging points, etc.;
b. Install floor power in C 123-126 and D 128-131,
7. Existing Support Areas:
a. Replace carpet throughout facility;
b. Add new restrooms and expand existing to achieve the appropriate number of
facilities;
c. Upgrade and/or expand kitchen facilities to meet Class A standards;
d. Renovate concession stands, renovate/add food court;
e. Provide for a business center with approximately 1,500 square feet;
f. Locate engineering shops and their offices in best location given hall
reconfiguration;
g. Provide the appropriate number of permanent ticket booths on the exterior of the
facility, ideally one for each hall with at least eight (8) windows,
8. Infrastructure Improvements:
a. Address storm water issues;
b. Replace existing escalators;
c. Replace existing elevators, including relocating/installing freight elevators driven
by hall reconfiguration;
d. Replace buss duct on west side interior;
e. Replace exterior doors and windows with impact glass;
f. Replace all air handlers;
g. Install roof drain vents;
h. Replace chiller and cooling tower;
i. Replace chilled water piping;
j. Assess and replace/improve all life safety function's including fire sprinkler pump
replacement, fire sprinkler valve room replacement, and fire panel replacement to
include strobe lighting;
k. Replace generator;
I. Replace cooling tower piping;
m. Chilled water insulation replacement;
n. Chilled water valve replacement;
o. Upgrade Compressed air system;
p. Reduce humidity and condensation problems within the building;
36 L
q. Replace exhaust fans;
r. Replace exterior sidewalk, stairs and handrails;
s. Address portable/telescopic riser seating requirements (minimum 4,000 seats);
t. Replace all existing interior doors and hardware, including card swipe locking
system;
u. Replace electrical gear.
9. Sustainability Improvements — Advise on and implement viable sustainability measures
within the facility. This could include, but not limited to, solar roof panels, rain water
collection, natural light, etc. Achieve LEED certification;
10. Technology:
a. Add a Distributed Antenna System (cell phones);
b. Expand Wi-Fi to entire facility;
c. Add digital read boards throughout facility for meeting rooms, exhibit halls;
d. Add Exterior signage;
e. Ensure facility is compliant with all ADA requirements, including push button door
openers.
11. Flood Control — Address long-term flood control and rising seal level requirements that
are being established by the City.
12. Master planning - Consultant shall address the convention center in the context of the
surrounding area addressing parking, streets, hotel, City Hall, public spaces, etc. The
Master Planning Area shall include the followin
I
13. Community Center — If the 21St Street Community Center is impacted by the project,
consultant shall include a replacement facility within the Site and in the Design Criteria
Package.
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37
Task 1: Programming & Conceptual Design Services
The design criteria professional will work with the City and the City's cost estimator to evaluate
the approach and cost of various options for implementing project scope creating a renovation
and expansion program that can be accomplished within the preliminary estimate of available
funds (See Schedule D). The MBCC will remain in operation for a selected group of shows
during the construction phase. The design criteria professional shall provide sufficient
documentation to study the various options, assist with prioritization, address budget
implications, and make presentations to City staff and the City Commission. In creating the
conceptual design, the design criteria professional shall also consult with MBCC users, as
selected by City staff, to seek input.
Task 2: Schematic Design Services
In the Schematic Design phase, the design criteria professional shall provide those services
necessary to solidify the program and prepare documents consisting of drawings and other
documents illustrating the general scope, scale and relationship of project components for
approval by the City. The Consultant shall seek the approval of the following agencies at a
minimum:
• City of Miami Beach Public Works Department
• City of Miami Beach Parks Department
• City of Miami Beach Planning Department
• Miami Dade County Traffic Department
• Miami-Beach Fire Prevention Division
• Florida Department of Health
Task 3: Design Development& Design Criteria Package Services
In the Design Development phase the design criteria professional shall provide those services
necessary to prepare from the approved Schematic Design documents, the Design
Development documents, consisting of drawings and other documents to fix and describe the
size and character of the entire project, including architectural, civil, landscape, structural,
mechanical, security, electrical systems, materials, and such other elements as the City may
deem appropriate.
Phasing Plans —The design criteria professional shall create a conceptual construction phasing
plan enabling the MBCC to accommodate certain key conventions, particularly Art Basel, and
other events.
Design Criteria Package — The design criteria professional shall assemble the drawings and
specifications in a design criteria package to be sent to potential design-build teams.
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The Design Criteria Package will be at the level of completion listed below compared to 100%
Construction Documents:
• Site Development—65%
• Foundations—5%
• Structure— 1.5%
• Building Enclosure Materials and configuration— 80%
• Internal Structure of Ext walls—35%
• Floor and Ceiling Plans—70%
• Interior finishes (w/finish schedule)—90%
• Finish Hardware—90%
• Millwork—85%
• Specialty Equipment—90%
• HVAC — 10%
• HVAC Supply and Return Grilles—95%
• Plumbing System — 10%
• Plumbing Fixtures number and type—90%
• Electrical System — 10%
• Lighting —90%
• Vertical Transportation —95%
• Low voltage Equipment—90%
Design-Builder Request for Qualifications/Proposal — Consultant shall assist the City with
development of the Request for Proposal that will be issued for the Design-Builder.
Task 4: Design-Build Proposal Review Services
Design-Build Proposal Review — The design criteria professional shall host a pre-proposal
meeting and make the appropriate team members available to answer design-builder proposer
questions while the RFP is outstanding. The design criteria professional shall participate in the
review and interview process for the design-build teams, providing advice and comment as
requested. Respond to all inquiries and evaluate alternatives presented from the respondents
for compliance with the Design Criteria Documents and possible City approval.
Task 5: Construction Document Oversight Services
Construction Document Oversight — The design criteria professional shall review the design-
builder construction documents at 30%, 50% and 95% Construction Documents to determine
that the requirements of the Design Criteria Documents are being incorporated. Respond to all
inquiries and evaluate alternatives presented from the Design-Builder for compliance with the
Design Criteria Documents and possible City approval.
Task 6: Construction Oversight Services
Construction Oversight — The design criteria professional shall review the design-builder
construction at appropriate intervals to assure construction compliance with the design criteria.
The Design Criteria Professional will provide one on-site full-time person for the duration of the
construction schedule. (projected to be 24 months). Other Design Criteria Professional
consultants will visit site at appropriate levels of completion. Three visits each are included in
the proposed fee. Respond to all inquiries and evaluate alternatives presented from the
Contractor for compliance with the Design Criteria Documents and possible City approval.
By performing reviews, monitoring approvals and making recommendations, as described in the
above tasks, the Consultant does not assume the Design Build Contractor's contractual
39 C C
responsibility and professional liability, in whole or in part, for any design and/or Contract
Documents prepared by the Contractor's EOR.
Substitutions:
The Consultant shall review and evaluate in a timely manner, for the City's review and approval,
substitutions proposed by the Contractor, for conformance with the Project requirements. The
Consultant shall establish submittal requirements in accordance with the City's guidelines and
incorporate them into the Contract Documents.
As part of the Consultant's Basic Services, the Consultant shall conduct at least one monthly
project visit/meeting at the Project site during construction to review the Contractor's progress
and approve payment requisitions.
Inclusions
1. Design Consultants for the following disciplines:
a. Architectural Design
b. Interior Design
c. Civil Engineering
d. Structural Engineering
e. Mechanical Engineering
f. Electrical Engineering
g. Plumbing Engineering
h. Landscape Design
i. It/Telecom Engineering
j. Acoustic Engineering
k. Audio Visual Engineering
I. Code and Life Safety Engineering
m. Lighting Design
n. Signage and Wayfinding Design
o. Vertical Transportation Engineering
p. Food Service Design
q. Construction Cost Estimating
r. Traffic Engineering
s. Parking Design
t. Security Engineering
2. Physical Models
a. Study Massing Models
b. Building study model
3. Local Associate Architect
4. Fly thru animation
5. Interior& Exterior Renderings
6. Furniture Fixtures and Equipment Package
7. Full time architectural on-site representation during the construction phase (30 Months)
8. Expenses for 150 total man trips to Miami Beach for out of town consultants
9. Three visits each for major engineering and design consultants during construction
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Exclusions
1. Design Consultants for the following disciplines
a. Geotechnical Engineering
b. Survey
c. Laser scanning of existing building
2. Finish Presentation Model
3. Permit fees
4. Utility improvements beyond the boundaries of the Services Area and immediate
surrounding streets
41
SCHEDULE B
CONSULTANT COMPENSATION
Schedule of Payments
See attached Compensation Schedule and Contract Billing Schedule
In the event that, through no fault of the Consultant, Construction Administration services are
required to be extended, which extension shall be subject to prior City approval, and what shall
be at the City's sole discretion, the Consultant agrees to extend said services for $ 25,000, per
month, for the duration required to complete the Project.
Note*: The Contingency Allowance belongs to the City and must be approved in writing, in
advance, by the Project Coordinator. Unused portions will not be paid to the Consultant.
Compensadon Schedule
Programming Schematic DO 3 Design OB Proposal Construct Construction
Concept Design Design Criteria Package Review Documents Oversight Total Contract
Overt ht
isci line Company
itecture FA $ 962,605 $ 1.411,511 $ 1,909.305 $ 361,300 $ 633,560 $ 1,184,236 $ 6,462,517
ubConsultants $
Societe Ardtitect Ar uitectonica $ 63,000 $ 238.500 $ 297,000 $ - $ - $ - $ '508 500
ivil Kimle Horn $ 26,100 $ 45,750 $ 139,500 $ 7,650 $ 8,280 $ 9,270 $ 236,550
tructural M&M $ 20,000 $ 53,100 $ 146.700 $ 9.000 $ 13,050 $ 12,150 $ 2%W
West 8 $ 220,617 $ 165,618 $ 266.247 $ 11,196 $ 68.220 $ 73,179 $ 805 077
EP M-E $ 35,181 $ 374,850 $ 230,310 $ 18,054 $ 79,470 $ 54,135 $ 7921000
T/Telecom AV Acoustic Adams $ 122.580 $ 113,625 $ 157,230 $ 31.050 $ 115,515 $ 133,200 $ 673,200
ode Life Safe RJA $ 34,425 $ 45.810 $ 77,828 $ 41,175 $ 43,470 $ 60,484 $ 303,192
raffic Corradino $ 4,500 $ 32,596 $ - $ - $ - $ - $ 37.0961
ighting Design Illume $ 6,525 $ 82.350 $ 49,950 $ 4,950 $ 17,550 $ 9,675 $ 171,000
i na a TKD $ 10,350 $ 16,650 $ 28,800 $ 3,600 $ 14,850 $ 9,000 $ 83,250
ertical Transportation Lerch Bates $ 11,205 $ 6,318 $ 8,946 $ 91342 $ 4,950 $ 32,094 $ 72 855
ood Service Caruso $ 9,900 $ 19.800 $ 23,400 $ 6,750 $ 9,000 $ 11,700 $ 80 550
ost Estimating RLB $ 43,265 $ 91,572 $ 132,872 $ 45,554 $ - $ - $ 313,263
Parking Consultant Walker $ 14,400 $ 16,650 $ 18,900 $ 12,150 $ 9,900 $ 12,150 $ K150
ubtotal Fee $ 1,584,6531$ 2,714,700 $ 3,486,988 $ 561,771 $ 1,017,815 $ 1,601,273 $ 10,967,200
nrwr's
Contingency 10% i
otal Contract $ 1
GF
42
Contract Billing Schedule
Programming Schematic DD a Design DS Proposal Construct Construction
Concept Design Criteria Package Review Documents Oversight Monthly Billing
slan
May-14 S 1.321.000 5 302.800 1,623.800
Jun-14 $ 263.653 $ 1.391.200 $ 1.654.853
Jul-14 $ 1.020.700 $ 269.300 $ 1.290.000
Aug-14 $ 1.051.800 $ 1.051,800
Sep-14 $ 1.051.800 $ 1.051.800
Oct-14 $ 1.031.100 $ 1,031.100
Nov-14 S 82.988 $ 82.988
Dec-14 $ 86.000 $ 86.000
Jan-15 $ 105.000 $ 105.000
Feb-15 $ 135.000 $ 135,000
Mar-15 $ 135.000 $ 135,000
Apr-15 $ 100.771 $ 100,771
may-15 $ 55,000 $ 55.000
Jun-15 $ 55,000 $ 55,000
Jui-15 $ 197,000 $ 197,000
Aug-15 $ 55.000 $ 55.000
Sep-15 $ 230.000 $ 230.000
Oct-15 $ 55.000 $ 55.000
Nov-15 S 260.000 $ 260.000
Dec-15 S 55.000 $ 55.000
Jan-16 S 55.815 $ 55,815
Feb-t6 $ 45.000 $ 45.000
Mar-16 $ 45,000 $ 45.000
Apr-16 $ 55.000 $ 55.000
may-16 $ 65.000 $ 65.000
Jun-16 $ 75.000 $ 75.000
Jul-16 $ 75.000 $ 75.000
Aug-16 $ 75.000 $ 75.000
Sep-16 $ 75.000 $ 75.000
Oct-16 $ 75,000 $ 75,000
Nov-16 $ 65.000 $ 65.000
Dec-16 $ 55.000 S 55,000
Jan-17 $ 55.000 $ 55.000
Feb-17 $ 45,000 $ 45.000
Mar-17 $ 45.000 $ 45.000
Apr-17 $ 45,000 $ 45.000
May-17 $ 45,000 $ 45,000
Jun-17 $ 45.000 $ 45.000
Jul-17 $ 45,0001$ 45.000
Aug-17 45,000 $ 45.000
Sep-17 $ 45,000 45,000
Oct-17 $ 45 000 $ 45.000
Nov-17 45,000, $ 45.000
Dee-17 $ 45.000 $ 45.000
Jan-18 $ 45.000 $ 45.000
Feb-18 $ 45.000 $ 45.000
Mar-18 $ 45.000 $ 45.000
Apr-18 $ 45.000 $ 45.000
may-18 $ 45.000 $ 45.000
Jun-18 $ 56.000 $ 56.000
JUF-18 $ 65.273 $ 65.273
otal 1114.03 2 714 700 3.416.911 S61 771 1 017 91 S 1 601 273 S 10.967.M
GF
43
SCHEDULE C
HOURLY BILLING RATE SCHEDULE
DESIGN PROFESSIONAL
Architect 1 $90.00-$110.00
Architect 11 $110.00-$140.00
Architect III $140.00-$200.00
Intern Architect 1 $70.00-$90.00
Intern Architect II $90.00-$110.00
Intern Architect III $110.00 -$130.00
Interior Designer 1 $85.00-$100.00
Interior Designer II $100.00-$140.00
Interior Designer III $140.00-$180.00
Model $75.00-$100.00
Project Architect $140.00-$225.00
John Kudrycki $225.00
Mike Winters $300.00
Curtis Fentress $450.00
PROFESSIONAL SUPPORT
IT/ BIM $95.00-$200.00
Administration $60.00-$110.00
Finance $90.00-$235.00
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44
SCHEDULE D
DESIGN BUILD COST BUDGET
Total Preliminary Design-Builder Cost $ 46990009000
45
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SCHEDULE E
PROJECT SCHEDULE
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SCHEDULE F
INSURANCE AND SWORN AFFIDAVITS
SEE ATTACHED
F:\cmgr\$ALL\Convention Center\Design Contract\Convention Center(Fentress)-DCP Agreement(Final 5-8-14).docx
47