Agreement with Hill International, Inc. __ 7
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AGREEMENT BETWEEN ' _
• , ' CITY OF MIAMI BEACH ,-
- AND -
HILL INTERNATIONAL, INC.
FOR.
OWNER'S REPRESENTATIVE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
' Resolution No
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH'CONVENTION CENTER RENOVATION&EXPANSION
TABLE OF CONTENTS
DESCRIPTION PAGE
ARTICLE 1. DEFINITIONS 3
ARTICLE 2. BASIC SERVICES 6
ARTICLE 3. THE CITY'S RESPONSIBILITIES 9
ARTICLE 4. ADDITIONAL SERVICES 10
ARTICLE 5. REIMBURSABLE EXPENSES 11
ARTICLE 6. COMPENSATION FOR SERVICES 11
ARTICLE 7. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 13
ARTICLE 8. OWNERSHIP OF PROJECT DOCUMENTS 13
ARTICLE 9. TERMINATION OF AGREEMENT 14
ARTICLE 10. INSURANCE 15
ARTICLE 11. INDEMNIFICATION AND HOLD HARMLESS 17
ARTICLE 12. LIMITATION OF LIABILITY 17
ARTICLE 13. NOTICE 18
ARTICLE 14. MISCELLANEOUS PROVISIONS 18
SCHEDULES:
SCHEDULE A - SCOPE OF BASIC SERVICES 22
SCHEDULE A-1 - CONSULTANT SERVICE ORDER 29
SCHEDULE B - CONSULTANT COMPENSATION,
HOURLY RATES AND FEE SCHEDULE 30
SCHEDULE C - INSURANCE AND SWORN AFFIDAVITS
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
HILL INTERNATIONAL, INC.
FOR
OWNER'S REPRESENTATIVE SERVICES FOR
THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
This Agreement made and entered into this )day of October, 2015 (Effective Date), 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 HILL INTERNATIONAL, INC. a Delaware
corporation having an office at 601 Brickell Key Drive, Suite 600, Miami, FL 33131 (hereinafter
referred to as Consultant or Owner's Representative).
WITNESSETH:
WHEREAS, the City issued a competitive solicitation for an Owner's Representative to
provide comprehensive services in the organization, coordination, management and
administration of all aspects of the renovation and expansion of the Miami Beach Convention
Center(the Project), on the terms and conditions set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of those
certain professional services relative to the Project.
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to
and not otherwise contemplated by or related to the Basic Services set forth in Schedule A
hereto, 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.
1.2 BASIC SERVICES/SERVICES: "Basic Services" or "Services" shall mean all services,
work, and actions by the Consultant performed pursuant to the terms of this Agreement and as
described in Schedule A of this Agreement. Any work or scope of services not specifically
included as Additional Services (as defined herein) shall be considered Basic Services.
1.3 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida
municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida, 33139.
1.4 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of
the City.
1.5 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)
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
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).
1.6 CONSULTANT/OWNER'S REPRESENTATIVE: The named entity on page 1 of this
Agreement, the "Consultant" or "Owner's Representative" shall mean the licensed firm that has
entered into a contract with the City to provide the Services described under this Agreement.
When the term "Consultant" is used in this Agreement it shall also be deemed to include any
officers, employees, approved sub-consultants, agents, and any other person or entity acting
under the supervision, direction, or control of Consultant.
1.7 CONSULTANT SERVICE ORDER: "Consultant Service Order" shall mean the work,
services and/or tasks assigned by the City to Consultant (and issued pursuant to the notice, in
substantial form, attached as in Schedule "A-1" hereto), and specifically describing and
delineating the particular Services (Basic and otherwise) which will be required of Consultant for
the portion of the Services that is the subject of such Order. Consultant shall not commence any
Services, and shall not be compensated for any Services, unless authorized in advance by a
Consultant Service Order.
1.8 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, an adjustment in the fee and/or completion dates.
Unless the City Commission otherwise delegates authority to the City Manager, contract
Amendments shall be approved by the City Commission if they exceed fifty thousand dollars
($50,000.00) or the City Manager if they are fifty thousand dollars ($50,000.00) 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 fifty thousand ($50,000.00), the City
Manager reserves the right to seek and obtain concurrence of the City Commission for approval
of any such Contract Amendment.
1.9 CONTRACT DOCUMENTS: "Contract Documents" shall mean the agreement between
the City and Construction Manager, dated May 21, 2015 and approved pursuant to Resolution
No. 2015-29028, for the construction of the Project (together with all exhibits, addenda, and
written amendments issued thereto), including completed Construction Documents (once
approved by the City), and any approved modifications thereto.
1.10 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean all technical
drawings and other documents issued by the Architect-Engineer identifying, among other things,
the design, location, and dimensions of the Work and which set forth in detail the requirements
for the construction of the Project, and generally including plans, elevations, sections, details,
schedules, diagrams, Shop Drawings, and the specifications with the written requirements for
materials, equipment, systems, standards and workmanship for the Work (including Division 1
through_of the Specifications).
1.11 CONTRACTOR/CONSTRUCTION MANAGER: "Contractor" or "Construction Manager"
shall mean Clark Construction Group, LLC, the entity contracting with City for the construction of
the Project, in accordance with the Contract Documents.
1.12 ARCHITECT-ENGINEER: The "Architect-Engineer" shall mean Fentress Architects,
the firm that has entered into a separate agreement with the City to perform architectural,
engineering, or other design and construction administration services for the Project, and/or such
other architects, engineers, or consultants employed by Architect-Engineer for the Project.
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
Wherever the word "Architect" or "Engineer" appears in the Contract Documents, it shall be
deemed to refer to the Architect-Engineer and/or the design professionals engaged by the
Architect-Engineer.
1.13 DESIGN DEVELOPMENT DOCUMENTS: "Design Development Documents" shall
mean the plans, specifications, and other documents developed by the Architect-Engineer during
the Design Development phase of the Project, which fix and describe the size and character of
the Project as to architectural, structural, mechanical, plumbing and electrical systems, materials,
and such other elements as may be appropriate.
1.14 FORCE MAJEURE: Solely for purposes of this Agreement, a "Force Majeure" shall
mean any delay occasioned by superior or irresistible force occasioned by violence in nature
without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by
fire and other similar unavoidable casualties; or by changes in Federal, State or local laws,
ordinances, codes or regulations enacted after the date of this Agreement ; or other causes
beyond the parties' control which have, or may be reasonably expected to have, a material
adverse effect on the Project, or on the rights and obligations of the parties under this Agreement
and which, by the exercise of due diligence, such parties shall not have been able to avoid;
provided, however, that inclement weather (except as noted above), the acts or omissions of
sub-consultants/sub-contractors, market conditions, labor conditions, construction industry price
trends, and similar matters which normally impact on the construction process shall not be
considered a Force Majeure.
1.15 PROJECT: The "Project" shall mean the complete renovation of the Miami Beach
Convention Center ("Convention Center"), including an expansion of a ballroom and auxiliary
spaces; parking above portions of the Convention Center; exterior landscaping and a 6.5 acre
public park; the renovation of Convention Center Drive, including relocation of utilities; and all
Work, including permitting, construction and code inspection that is required to accommodate
and complete the Project in accordance with and as detailed in the Contract Documents, and as
is contemplated thereby or reasonably inferable therefrom.
1.16 PROJECT CONSULTANT: The "Project Consultant" shall mean Strategic Advisory
Group, a strategic consultant to the City for the Project.
1.17 PROJECT COORDINATOR: The "Project Coordinator" shall mean Maria Hernandez,
Project Director for the Miami Beach Convention Center District, or 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.
1.18 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Proposals
No. 2014-278-ME entitled "Owner's Representative Services for the Miami Beach Convention
Center Renovation and Expansion Project" issued by the City in contemplation of this
Agreement, together with all amendments thereto (if any), (the RFP), 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.
1.19 SCHEDULES: "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
Schedule A — Scope of Basic Services.
Schedule B — Consultant Compensation, Hourly Billing Rates, & Fee Schedule
Schedule C — Insurance Requirements and Sworn Affidavits
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
1 1
1.20 SCOPE OF SERVICES: "Scope of Services" shall include the Basic Services described
in Schedule "A" hereto, and any Additional Services (as approved by the City), and shall include
the particular work, services, and/or tasks assigned to Consultant pursuant to the City's issuance
of a Consultant Service Order.
1.21 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods,
procedures, etc. necessary or convenient to performance by Construction Manager of all duties
and obligations proposed by the Design Build Contract for design and construction of the Project.
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide the Basic Services, as set forth in Schedule "A" hereto and
authorized by Consultant Service Orders.
2.2 Consultant shall provide a project team at all times that shall have sufficient capacity, skill
and experience to perform the Services ("Consultant's Team"). The Consultant's Team is
considered essential to the performance of the Services. The initial Consultant's Team identified
in the Consultant's Proposal is approved by the City.
2.2.1. Consultant agrees to designate Steve DiBartolo 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 the Project
Coordinator.
2.2.2. Consultant may not, without the advance written consent of the City, reassign or
replace any member of the Consultant's Team or divert any member of the Consultant's Team to
other projects, including but not limited to the Project Manager. Any replacement personnel shall
be subject to the Project Coordinator's advance written approval. City shall at all times have the
right to approve the specific Consultant employees performing work on the Project. City shall
have the right to require the substitution or removal of any Consultant employee from the Project,
if in the City's sole judgment, such employee's conduct or performance is detrimental to the
Project.
2.3 The Services will be commenced by the Consultant upon receipt of a written Consultant
Service Order signed by the City Manager or Project Coordinator. Consultant shall countersign
the Consultant Service Order upon receipt, and return the signed copy to the City.
2.4 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") and that Consultant is experienced, fully qualified, and properly licensed pursuant to all
applicable laws to perform the Services. 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. Consultant shall require that
its subcontractors, if any, maintain any and all necessary governmental licenses, certificates,
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
approvals, and permits that are required for the performance of the Services. The Consultant
agrees to maintain in full force and effect all such required licenses, certificates, approvals, and
permits throughout the Term.
2.5 Consultant shall diligently coordinate performance of its Services with the City (through the
Project Coordinator) in order to facilitate the safe, expeditious, economical and efficient
completion of the Project, without negatively impacting concurrent work by others. The
Consultant shall coordinate the Services with all of its sub-consultants, as well as other
consultants, including, without limitation, City provided consultants (if any).
2.6 Consultant acknowledges and agrees that it may be required, from time to time, to provide
the Services outside of normal working hours in order to monitor the progress of the Construction
Manager's Work, based on the Construction Manager's schedule for performance thereof.
Consultant acknowledges and agrees that any costs associated with such scheduling
requirements are incorporated into the fees/hourly billing rates set forth in Schedule B.
2.7 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
administration of comparable projects in South Florida.
2.8 Consultant acknowledges and agrees that time is of the essence in the completion of a
Project.
2.9 The term of this Agreement shall commence upon execution by the parties which shall be
the Effective Date and will remain in full force and effect until the completion of the Services,
subject to earlier termination as provided in this Agreement. Notwithstanding the preceding
Term, Consultant shall adhere to any and all timelines and/or deadlines, including the time for
completion of the work and/or services as set forth in any Consultant Service Order. Nothing
herein shall prevent the City from exercising its rights to terminate the Agreement, as provided
elsewhere herein.
2.10 Consultant shall use reasonable professional efforts to maintain a constructive,
professional, cooperative working relationship with the Project Coordinator and other City staff,
Construction Manager, the Architect-Engineer, and any and all other individuals and/or firms that
have been contracted, or otherwise retained, to perform work on the Project.
2.11 The Consultant shall perform the Services and its duties under this Agreement in a
competent, timely and professional manner, and shall be responsible to the City for any failure in
its performance, except to the extent that acts or omissions by the City make such performance
impossible. The Consultant is responsible for the professional quality, technical accuracy,
completeness, performance and coordination of all Services required under the Agreement and,
under any Consultant Service Order issued to the Consultant by the City (including the Services
performed by sub-consultants), within the specified time period and specified cost. Consultant
shall provide the personnel, and project hours, identified in Schedule B. The Consultant is
responsible for, and shall represent to City that its work conforms to the City's requirements, as
set forth in the Agreement.
2.12 The Consultant shall be and remain liable to the City for all damages to the City caused by
the Consultant's negligent acts or omissions in the performance of the Services. 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 Agreement terms. Neither the City's
inspection, review, approval or acceptance of, nor payment for, any of the Services 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
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
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 or omissions in the
performance of the Agreement. With respect to the performance of Services by sub-consultants,
the Consultant shall, in approving and accepting such Services, confirm the professional quality,
completeness, and coordination of the sub-consultant's Services. The Consultant is advised that
performance evaluation(s) of the work and/or services rendered throughout this Agreement will
be completed by the City and kept in the City's files for evaluation of future solicitations.
2.13 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.
2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non-
public information concerning the Services or the Project, without the prior written consent of the
City Manager or his designee (who shall be the Project Coordinator), unless such disclosure is
. incident to the proper performance of the Services; or the disclosure is required pursuant to
Florida Public Records laws; or, in the course of judicial proceedings, where such information
has been properly subpoenaed. Consultant shall also require its employees and sub-consultants
to comply with this subsection.
2.15 The City and Consultant acknowledge that the Services, as described in this Agreement
and in Schedule "A" hereto, do not delineate every detail and minor work task required to be
performed by Consultant to complete the work and/or services described and delineated under a
Consultant Service Order. Any ancillary work that may be required or necessary for the
successful completion of the Basic Services shall be deemed to be a Basic Service under this
Agreement and shall also be deemed to be within the scope of services delineated in the
Consultant Service Order(whether or not specifically addressed in such scope of services).
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 this
Agreement and/or applicable laws.
2.18 Consultant shall not utilize any sub-consultants to complete the Services, except upon
the advance written approval of the City, which approval may be withheld at the City's sole
discretion. Any services provided by sub-consultants, if approved by the City Manager, shall be
undertaken and performed pursuant to appropriate written agreements between the Consultant
and the sub-consultants, which shall contain provisions that preserve and protect the rights of the
City under this Agreement. Nothing contained in this Agreement shall create any contractual
relationship between the City and the sub-consultants. The Consultant shall not retain, add, or
replace any sub-consultant without the prior written approval of the City Manager or his/her
designee, 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 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
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
the services performed by sub-consultants shall be the sole responsibility of Consultant.
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 Services.
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 and facilitate (on behalf of the City) all matters related to
this Agreement and the Project during the design and construction of same (except unless
otherwise expressly provided in this Agreement or the Contract Documents). The Project
Coordinator shall be authorized (without limitation) to transmit instructions, receive information,
and interpret and define City policies and decisions with respect to the Services and/or matters
requiring the City's approval, in its proprietary capacity, as owner, under the Contract
Documents. 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 Services described in this Agreement;
b) the Term of this Agreement; or
c) the amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall make available to Consultant all information that the City has in its
possession pertinent to the Project. Consultant hereby agrees and acknowledges that, in
making any such information available to Consultant, the City makes no express or implied
certification, warranty, and/or representation as to the accuracy or completeness of such
information. The Consultant understands, and hereby agrees and acknowledges, that it is
obligated to verify to the extent it deems necessary all information furnished by the City, and that
it is solely responsible for the accuracy and applicability of all such information used by
Consultant. Such verification shall include, without limitation, visual examination of existing
conditions in all locations encompassed by the Project, where such examination can be made
without using destructive measures (i.e. excavation or demolition).
3.3 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).
3.4 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.
3.5 The City Commission shall be the final authority to do or to approve the following actions
or conduct, by passage of an enabling resolution or amendment to this Agreement:
3.5.1 The City Commission shall be the body to consider, comment upon, or approve any
assignment, of this Agreement.
3.5.2 Upon written request from Consultant, the City Commission shall hear appeals from
administrative decisions of the City Manager or the Project Coordinator. In such cases,
the Commission's decision shall be final and binding upon all parties.
3.5.3 The City Commission shall approve or consider all Contract Amendments that
exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
specified by the City of Miami Beach Procurement Ordinance, as amended).
3.6 Except where otherwise expressly noted in this Agreement or in the Contract Documents,
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.
3.6.1 The City Manager shall have prior review and approval of the Project Manager
(and any replacements) and of any sub-consultants (and any replacements).
3.6.2 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.
3.6.3 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 discretion.
3.6.4 The City Manager may approve Contract Amendments which do not exceed the
sum of fifty thousand dollars ($50,000.00) (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.
3.6.5 The City Manager may, in his/her sole discretion, form a committee or
committees, or inquire of, or consult with, persons for the purpose of receiving advice and
recommendations relating to the exercise of the City's powers, duties, and responsibilities
under this Agreement or the Contract Documents.
3.6.6 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 9 hereof).
ARTICLE 4. ADDITIONAL SERVICES
4.1 Additional Services shall only be performed by Consultant following receipt of written
authorization by the Project Coordinator (which authorization must be obtained prior to
commencement of any such additional work by Consultant). The written authorization shall
contain a description of the Additional Services required; an hourly fee (in accordance with the
rates in Schedule "B" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any)
with a "Not to Exceed" amount; 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).
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
ARTICLE 5. REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are an allowance set aside by the City in the aggregate not-to-
exceed amount of $102,833.00, to cover certain actual expenditures made by the Consultant in
the interest of the Project. Notwithstanding the preceding, any Reimbursable Expenses in
excess of $500 must be authorized, in advance, in writing, by the Project Coordinator. Invoices
or vouchers for Reimbursable Expenses shall be submitted to the Project Coordinator(along with
any supporting receipts and other back-up material requested by the Project Coordinator).
Consultant shall certify as to each such invoice and/or voucher that the amounts and items
claimed as reimbursable are "true and correct and in accordance with the Agreement."
5.2 Reimbursable Expenses may include the following:
5.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans,
specifications, and other Project documents (excluding reproductions for the office use of
the Consultant and its sub-consultants, and courier, postage and handling costs between
the Consultant and its sub-consultants).
5.2.2. Costs for trailer office equipment limited to: trailer/personal copier, office supplies,
coffee & water, TV, Refrigerator/Microwave, and trailer server setup.
5.2.3. Cost for local mileage (at City's standard mileage rate) incurred when on project
business, local mileage for off-site project staff, cost of parking, cost of airfare, rental car,
taxis, meal per diems (at City per diem rates) and hotel accommodations, in furtherance
of the performance of the Services. Any such costs shall be reimbursed at actual rates
(no markups) in accordance with Florida Statute 112.061, as may be amended.
Consultant shall obtain advance written authorization from the Project Coordinator or
his/her designee for travel expenses. Failure to obtain such prior authorization shall be
grounds for City's rejection of payment for any travel expenses. The City and Consultant
anticipate that travel-related reimbursements will be limited to pre-approved travel for
Consultant's Project Manager, and that absent City-requested travel, Consultant will not
otherwise be compensated for travel expenses its personnel may incur in the
performance of the Services.
ARTICLE 6. COMPENSATION FOR SERVICES
The City agrees to pay and the Consultant agrees to accept, for services rendered pursuant to
this Agreement, the fees and other compensation in accordance with one or a combination of the
methods outlined below:
6.1 Consultant shall be compensated for Basic Services on a "Lump Sum" basis for the
Services, based on the monthly fee schedule and hourly rates set forth in Schedule B, or as may
be set forth or otherwise described in the Consultant Service Order issued for any portion of the
Services, as negotiated between City and Consultant. Such fees shall constitute full
compensation to the Consultant for all costs incurred by Consultant in the performance of the
Services, including but not limited to overhead expenses, fringe benefits, overtime costs,
operating margins and all other costs not covered by Reimbursable Expenses.
6.2 Consultant shall not have any entitlement to provide any Services under this Agreement,
except for any portion of the Services authorized by the City, at its sole discretion, in a
Consultant Service Order. Consultant shall not commence any Services, and shall not be
compensated for any Services, unless authorized in advance by a Consultant Service Order.
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
6.3. Payments for Services shall be based on the monthly fee detail listed in Schedule B and
provided by Consultant for each phase of the Project. Payment shall be made within thirty (30)
calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. No
mark-up shall be allowed on subcontracted work.
6.4 Approved Additional Services shall be compensated in accordance with the hourly rates
set forth in Schedule "B," attached hereto. Any request for payment of Additional Services shall
be included with a Consultant payment request. No mark-up shall be allowed on Additional
Services (whether sub-contracted or not), and such fees shall constitute full compensation to the
Consultant for all costs incurred by Consultant in the performance of the services, including but
not limited to overhead, fringe benefits, overtime, operating margins and all other costs not
covered by Reimbursable Expenses.
6.5 Approved Reimbursable Expenses shall be paid in accordance with Article 5 hereto. Any
request for payment of Reimbursable Expenses shall also be included with Consultant's payment
request. No mark-up shall be allowed on Reimbursable Expenses.
6.6 No retainage shall be made from the Consultant's compensation on account of sums
withheld by the City on payments to Contractor.
6.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator
in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature
and extent of the work performed; the total hours of work performed by employee category; and
the respective hourly billing rate associated therewith. In the event sub-consultant work is used,
the percentage of completion shall be identified. Invoices shall also itemize and summarize any
Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project
Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall
accompany the invoice.
6.7.1 If requested, Consultant shall provide back-up for past and current invoices that
records hours for all work (by employee category), and cost itemizations for
Reimbursable Expenses (by category).
6.7.2 The City shall pay Consultant within thirty (30) calendar days from receipt and
approval of an acceptable invoice by the Project Coordinator.
6.7.3 Upon completion of the Services, Consultant's final payment shall require the
prior written approval of the City Manager before disbursement of same.
6.7.4 Consultant shall be solely responsible for payments to Sub-consultant(s)
approved under this Agreement. Consultant shall not submit invoices which include
charges by Subconsultant(s) unless such services have been performed satisfactorily
and the charges are, in the opinion of the Consultant, payable to such Sub-consultant(s).
Consultant shall promptly make all payments to Sub-consultant(s) following receipt of
payment by the City.
6.8 The maximum compensation for the Basic Services under this Agreement shall be the not-to-
exceed amount of $5,585,673. Pursuant to Consultant Service Order No. 3, City authorizes
Additional Services for threshold inspections in the not-to-exceed amount of $718,080, for a total
compensation under this Agreement in the amount of$6,303,753.
6.9 The City reserves the right in its sole discretion, to negotiate mutually acceptable fees and
rates with Consultant that are less than those set forth herein for any portion of the Services.
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
6.10 In the event extended Services are required beyond the schedule contemplated herein for
the completion of the Project (June 30, 2018), the City shall authorize Consultant to provide such
extended Services by issuing a separate Consultant Service Order. The Consultant's monthly
fee shall be based on the approved billing rates set forth in Schedule B, and the specific Services
and staffing required by the City during such extended period (as determined by the Project
Coordinator).
6.11 Notwithstanding any provision herein to the contrary, the City's obligations under this
Agreement shall be subject to and contingent upon the City's obtaining the full amount of all
financing or other funding that the City may require for the Project and/or for payment of the
Consultant's Services. In the event this contingency is not satisfied and City does not obtain the
necessary financing or sufficient funding to proceed with any portion of the Project and/or
Consultant's Services, City shall notify Consultant in writing, and this Agreement shall be null and
void and City shall have no further obligations under this Agreement, other than to compensate
Consultant for work performed satisfactorily under any previously authorized Consultant Service
Order. Except as set forth herein, Consultant hereby waives any other rights or remedies at law
or in equity with regard to any matter arising out of this Agreement.
ARTICLE 7. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
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 13, during customary business hours
upon reasonable prior written notice. 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 confirm compliance therewith.
ARTICLE 8. OWNERSHIP OF PROJECT DOCUMENTS
8.1 All notes, correspondence, documents, plans and specifications, designs, drawings,
renderings, calculations, specifications, models, photographs, reports, surveys, investigations,
and any other documents (whether completed or partially completed) and copyrights thereto for
Services performed or produced in the performance of this Agreement, or related to the Project,
whether in paper or other hard copy medium or in electronic medium, except with respect to
copyrighted standard details and designs owned by the Consultant or owned by a third party and
licensed to the Consultant for use and reproduction, shall become the property of the City.
Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of
completion of the Services (or within thirty (30) days of expiration or earlier termination of this
Agreement as the case may be). However, the City may grant an exclusive license of the
copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof
as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not
disclose, release, or make available any document to any third party without prior written
approval from the City Manager. The Consultant shall warrant to the City that it has been
granted a license to use and reproduce any standard details and designs owned by a third party
and used or reproduced by the Consultant in the performance of this Agreement. Nothing
contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes.
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8.2 The Consultant is permitted to reproduce copyrighted material described above subject to.
prior written approval of the City Manager. -
8.3 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 and payment to the Consultant for
such adaptations will be at Consultant's current rate to adapt the original copyrighted material to
a new site
•
8.4 The Consultant shall bind all sub-consultants to the Agreement requirements for re-use of
plans and specification :
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- ARTICLE 9. TERMINATION OF AGREEMENT
•
9.1 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.
9.2 TERMINATION BY CITY FOR CAUSE: The City, through the City Manager, may
terminate this Agreement for cause, upon written notice to Consultant, in the event that the
Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2)
unreasonably delays the performance of the Services or any portion thereof; or (3) does not
perform the Services or any portion thereof in a.timely and satisfactory manner, including but not
limited to providing any of the staffing outlined in Schedule B. 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).
9.2.1 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.
9.2.2 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.
9.2.3. 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 in_curred by Consultant for
assembly, copy, and/or delivery of.Project documents pursuant to this subsection.
9.3 TERMINATION BY CITY FOR CONVENIENCE: In addition to the City's right to
terminate for cause, the City through the City Manager, may also terminate this Agreement, upon
fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without
penalty, when (in its sole discretion) it deems such termination to be in the best interest of the
City. In the event the City terminates the Agreement for convenience, Consultant shall be
compensated for all Services satisfactorily performed and accepted up to the termination date
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
(as set forth in the City's written notice), for Consultant's costs in assembly and delivery to the
Project Coordinator of the Project documents (referenced in subsection 10.2.3 above), and for
any reasonable demobilization costs and expenses incurred by the Consultant. 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.
9.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement
for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully
violates any provisions of this Agreement or unreasonably delays payment of the Services or any
portion thereof. In the event of a termination for cause by Consultant, the City shall pay
Consultant for any Services satisfactorily performed and accepted up to the date of termination,
and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project
documents and any reasonable demobilization costs and expenses incurred by Consultant;
provided, however, that the City shall first be granted a thirty (30) day cure period (commencing
upon receipt of Consultant's initial written notice).
9.4.1 The Consultant shall have no right to terminate this Agreement for convenience.
9.5 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 10. INSURANCE
10.1 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:
10.1.1. Worker's Compensation and Employers' Liability Insurance as required by Chapter
440 of the Florida Statutes.
10.1.2. Commercial General Liability on a comprehensive basis, including Premises and
Operations, Personal Injury/Advertising Injury, Contractual Liability and Products/Completed
Operations, in an amount not less than $1,000,000 combined single limit per occurrence, for
bodily injury and property damage. The general aggregate limit, if any, must be maintained for
the duration of this agreement. The Consultant shall name the City of Miami Beach as an
•
Additional Insured with respect to this coverage.
10.1.3. Automobile Liability covering all owned, non-owned and hired vehicles used in
connection with the work, in an amount not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage.
10.1.4. Professional Liability (Errors and Omissions) Insurance, including wrongful acts,
errors, and/or omissions, including design errors of Architect for damage sustained by reason
of or in the course of operations under this contract, in an amount not less than $5,000,000 with
the deductible per claim, if any, not to exceed 10% of the limit of liability. The Professional
Liability policy/coverage shall be amended, if necessary, to include the following:
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
• Description of operations on the declaration describing the scope of your professional
services shall include all aspects of the services performed under this contract, including
events arising out of your operations or any qualified sub-consultants and sub-tier
consultants.
• Coverage for claims alleging improper supervision of sub-consultants and sub-tier
consultants
• Deletion of any exclusions pertaining to design/build liability
• Coverage shall apply for three (3) years after Project is complete
10.2. Certificates will indicate no modification or change in insurance shall be made without thirty (30)
days advance notice to the certificate holder. Consultant shall furnish endorsements effecting coverage
required by this insurance section. The endorsements are to be signed by a person authorized by that
Insurer to bind coverage on its behalf. The Consultant shall provide complete copies of all required
insurance policies, including endorsements effecting coverage, upon the written request of the City.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
RISK MANAGEMENT, 3rd FLOOR
MIAMI BEACH, FL 33139
10.3. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and
obligation under this section or under any other section of this agreement.
10.4. The Consultant must give the Project Coordinator at least thirty (30) days prior written
notice of cancellation or of substantial modifications in any required insurance coverage. All
certificates and endorsements shall contain this requirement.
10.5. All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida. Insurance is to be placed with insurers with a current A.M. Best
Rating of no less than A:VII, unless otherwise acceptable to the City's Risk Manager.
10.6. The Consultant agrees to waive subrogation which any insurer of Consultant may acquire
from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation.
10.7. Consultant shall provide the Project Coordinator with a certificate of insurance of all required
insurance policies. The City reserves the right to review a certified copy of such policies, at
Consultant's corporate headquarters upon five (5) days written request to Consultant.
ARTICLE 11. INDEMNIFICATION AND HOLD HARMLESS
11.1 Consultant shall indemnify, defend 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, but only to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or
utilized by the Consultant in the performance of this Agreement and/or in the performance of any
Consultant Service Order issued by the City to Consultant pursuant to this Agreement.
The Consultant shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's
fees with counsel approved by Consultant's insurance carrier which may issue thereon.
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
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.
11.2 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).
ARTICLE 12. LIMITATION OF LIABILITY
12.1 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 $10,000.
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 $10,000.
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 $10,000. The $10,000 limit
is in addition to any amounts due to Consultant for outstanding invoices or services performed.
12.2 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.
12.3 LITIGATION AS A NON-PARTY. If Consultant is brought into litigation on this project or in
connection with this Agreement as a non-party through (for example) a subpoena for records,
deposition request, court directive or otherwise and the City is a party for which the Consultant
has no duty of indemnification, the City will pay reasonable costs incurred by Consultant, as may
be mutually agreed-upon and specified in a Consultant Service Order, in compliance with any
subpoena, deposition, court directive or otherwise including, but not limited to, document and
records reproduction costs, search and review time, preparation time, appearance time, legal
fees incurred, travel and other expenses, at all employees' regular billing rate at the time these
costs are incurred and any other third party costs incurred.
ARTICLE 13. NOTICE
All written notices given to City by Consultant shall be addressed to:
City of Miami Beach - City Manager's Office
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Maria Hernandez, Project Director, Convention Center District
All written notices given to the Consultant from the City shall be addressed to:
Hill International, Inc.
303 Lippincott Centre
Marlton, NJ 08053
Attention: William Dengler, Jr., Senior Vice President and General Counsel
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified
mail, return receipt requested.
ARTICLE 15. MISCELLANEOUS PROVISIONS
14.1 VENUE: This Agreement shall be governed by, and construed in accordance with,
the laws of the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of
Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF
ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
14.2 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 confirm 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.
14.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to the City, may not submit a bid on a contract with the
City for the construction or repair of a public building or public work, may not bid on leases of real
property to the City, may not be awarded or perform work as a contractor, supplier,
subcontractor, or subconsultant under a contract with the City, and may not transact business
with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
Category Two, for a period of 36 months from the date of being placed on the convicted vendor
list. For violation of this subsection by Consultant, City shall have the right to terminate the
Agreement without any liability to City, and pursue debarment of Consultant
14.4 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.
14.5 LAWS AND REGULATIONS:
14.5.1 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.
14.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida
Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," all
building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary,
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
and final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes
(inspection and copying of public records), and s. 24(a), Article I of the State
Constitution. Information made exempt by this paragraph, with prior written approval
from the City Manager, may be disclosed to another entity to perform its duties and
responsibilities; to a licensed architect, engineer, or contractor who is performing work on
or related to the Project; or upon a showing of good cause before a court of competent
jurisdiction. The entities or persons receiving such information shall maintain the exempt
status of the information.
14.5.2.1 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.
14.5.2.2 The Consultant and its sub-consultants agree in writing that the
Project documents are to be kept and maintained in a secure location.
14.4.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
14.5.2.4 A log is developed to track each set of documents logging in the
date, time, and name of the individual(s) that work on or view the documents.
14.6. FORCE MAJEURE. Neither party is responsible for any failure to perform its obligations
under this Agreement, if it is prevented or delayed in performing those obligations by an event of
Force Majeure. The party prevented from or delayed in performing its obligations as a result of a
Force Majeure (the "Affected Party") must immediately notify the other party of the Force Majeure
event and the reasons preventing or delaying the performance of its obligations hereunder. The
Affected Party must use its reasonable efforts to mitigate any impacts on its performance. The
Affected Party must as soon as reasonably practicable recommence the performance of its
obligations once the event of Force Majeure has passed. A Force Majeure event shall not relieve
a party from liability for an obligation which arose before the occurrence of that event, nor does
that event affect the obligation to pay money in a timely manner which matured prior to the
occurrence of that event. Consultant shall have no entitlement to, and City shall have no liability
for, any costs, losses, expenses, damages relating to any Force Majeure event, or for the payment
of fees during an event of Force Majeure.
14.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this
Agreement and under any Consultant Service Order issued by the City to Consultant 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.
14.8 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.
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14.9 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. Any purported assignment, transfer or conveyance of this Agreement in violation of
this provision shall be void.
14.10 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.
14.11 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.
14.12 INTENT OF AGREEMENT:
14.12.1 The intent of the Agreement is for the Consultant to provide design and
construction monitoring/management services, and to include all necessary items for the
proper completion of such services for a fully functional Project which, when constructed
in accordance with the design, will be able to be used by the City for its intended purpose.
The primary role of the Owner's Representative will be to confirm that the City receives a
renovation and expansion consistent with the Construction Documents and the Contract
Documents in a timely manner for the agreed upon price. The Consultant shall perform,
as Basic Services, such incidental work which may not be specifically referenced, as
necessary to complete the Project.
14.12.2 This Agreement is for the benefit of the parties only and it does not grant rights
to a third party beneficiary, to any person, nor does it authorize anyone not a party to the
Agreement to maintain a suit for personal injuries, professional liability, or property
damage pursuant to the terms or provisions of the Agreement.
14.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees
or agents, shall either stop the City from asserting any rights or operate as a waiver of
any provisions hereof or of any power or right herein reserved to the City or of any rights
to damages herein provided.
14.13 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein; and
the parties agree that there are no commitments, agreements, or understandings concerning the
subject matter of this Agreement that are not contained in this document. Accordingly, the
parties agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements whether oral or written. It is further agreed that no modification,
amendment or alteration in the terms or conditions contained herein shall be effective unless
memorialized in written document approval and executed with the same formality and of equal
dignity herewith.
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OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
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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 BEAC
vcs,b6,24..,
City Clerk ayor
=-`P.••01 '"
...........� ,,• •
71 --'%\)(0•P•-•
iNOORP ORgTEp *
•
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Attest �i��-� / �' h=
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Signature Signatur!
f/titAW
Lis Ludo , P Re(you! Nr.
Print Name/Title Print Name/Title
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
City Attorney mi. Date
21
OWNER'S REPRESENTATIVE SERVICES-MIAMI BEACH CONVENTION CENTER RENOVATION&EXPANSION
1
SCHEDULE B
Owner's Representative Services Cost Matrix'
Summary of CMAR Services (January 2015 - June 2018)
ESTIMATED HOURS i 2015 2016 2017 2018 D-B Phase
ProiectE ecutive
IEladioC astr odad _. __ ,._._.,____ ____ _ 328 ___.,. _. 960 960 60 2,308
Senior Prole ct Manager
Steve Diba�mold ,______. ,V _I.____ __ 1,311 ' A.„864 1,864 982 6,021
Prolert Mna e er '
!DehnisParces ' _. _._.,_._ -�__1..•_ _ .____ '' ____1,116.,,_ 1 864 1,864 982 5,826
ProiectAccountant
.1.iziet Lozada, __ ._. -- ,. 0 1,864 1,864 0 3,728
Project Manager/OA-MEPF •LWiiI j,odrlpuei __T ___��T_,___, -. ■■-■1i 0 1,864 1,864 0 _ 3,728_
project Engineer
jP1eWGe118�_,-.4 • :• `__.___,__ 0__ 1,864 1,864 Y_ 501 ___4,229
Admin/Document Control
(Cata!Ina.Padilha' ',' __L_______-____ ,� , ,^ 252 1,864 1,864 9.82 4,962
Schedule Sunoort
RaquelShohet 210 360 240 120 930
Estimating Seaport
Charles(CJ)Dornbrowski- 177 240 240 120 777
proiectcontrotsManaeer - -- --- --
M_ikeCorre'a _ _.::_-_1_1_" `_ 0 1,864 _ 1,864 0 3,728
OAOC Engineer IStructure 8 Finlshesl
Ted Lotts 0 1,864 1864 982 4,710
Estimated Phase Hours 3,394 16,472 16,352 4,729 40,946
ESTIMATED FEE Hourly Rate
ProlectFxerutive
2015 $170 555,760
2016 $173 5166,080
2017 $176 $168,960
2018 $179 _ $10,740 5401,540_-___
Senior Project Manager
f 2015 $160 $209,760
2016 5163 5303,832
2017 5166 $309,424
2018 5169 $165,958 $988,974 ___
!roier t Manager
2015 $130 5145,080
2016 $133 $247,912
2017 $136 5253,504
2018 $139 $136,498 $782,994
proiertAccountant -2015 $130 S0
2016 $133 $247,912
2017 $136 • 5253,504
_ 2018 5139 50 - $501,416
Proiect Manaeer/OA-MEPF
2015 5130 50
2016 5133 • $247,912
2017 $136 5253,504
2018 $139 SO $501,416
prolertEngineer
I 2015 5110 S0
2016 $113 5210,632
2017 5116 $216,224
2018 5119 $59,560__ 5486,416
/tdmin/Dorunrent Control.
1 2015 $60 $15,120
2016 563 5117,432
2017 566 5123,024
2018 569 _ $67_,._7_58 532.3 33.4
Schedule Suasion
2015 5160 533,520
2016 5160 $57,600
2017 $160 $38,400
2018 5160 $19,200 $148720
fatlmatingSuouor(- --- ^---- -- . .
2015 5160 . $28,320
2016 $160 538,400
1 2017 $160 $38,400
2018 $160 519200_ _ 5124,320,
Proiect Controls Manager
2015 $140 $0
2016 5143 $266,552
2017 5146 5272,144
2018 $149 50 $538,696
DAOC Engineer(Structure 8 Finishes)
2015 5140 $0
2016 $143 5266,552
2017 5146 5272,144
2018 5149 ___5146,318 $685 014
Phase Labor Estimate $ 487,560 $ 2,170,816 $ 2,199,232 $ 625,232 $ 5,482,840
Phase Expense Estimate $ 30,933 $ 32,200 $ 32,200'$ 7,500 $ 102,833
Phase Fee Estimate $ 518,493 $ 2,203,016 $ , 2,231,432;$ 632,732 $ 5,585,673
(Please refer to the Phase 2015,2016,2017 and 201.8 Estimated F_ee Detail on pages 2,.3,A,and 5,respectively. _ ,
11SEP15
NM i. CITY OF MIAMI BEACH Page I 1
Owner's Representative Services
Owner's Representative Services Cost Matrix
January-December 2015
ESTIMATED HOURS Jay reb Mar Apr May " Jun " Jul Aug Sep l Oct Nov Dec Year
Pr ect Executive ._. .. - _ ,,. _ _
EladioCastrodad 31 16 22 10 20 10 10 10 40 40 60 60 328
• Senior Prnjert Manager ___.__ --__-_- -_-._. --_---_-__
Steve Dibartolo 12 27 10 46 80 120 176 168 168 176 152 176 1,311_
Project Manager
Dennis Parces oiect Acco
20 80 176 168 168 176 152 176 1,116
Pruntant �•_.____.___._,..____..-___�_.-._.-__- ...-,..___.-. _...
Lizzet Lozada 0
project Manager/OA-MEPF
William Rodriguez �- - -` 0
Project n in r •
Drew Gerig --_,_--0
Admin/nnocynent Control
CatarinaPadilha 88 76 88 252
Schedule SunnnrL
I Raquel 5hohet 10 20 20 20 80 20 20 20 210
Egjmal
'Charles(CI)Dombrowski 12 5 20 20 20 20 20 20 40 177
-
project('ontraic Manager � �-- -T ---
Mike Correa 0
pAne Fngineer(Structure&Finishes) '
ledLotts .-------._._--------- ---..-___. 0
Phase Hours' 43 SS 47 Y _56 120 250 402 386 1 476 520 480 560 3,394
ESTIMATED FEE Jan Feb Mar Apr Maki Jun Jul Aug Sep r Oct Nov Dec Year
Proiect Executive
' , ,.i $1,700 $1,700 $1,700 $6,800 $6,800 $10,200 $10,200
$55,760
Senlnr Pr jert Manager
$19,200 $28,160 $26,880 $26,880 $28,160 $24,320 $28,160
Project Manager
-- --- ---- - -------- •- ---- _--- $209,760_
-
.. $10,400 $22,880 $21,840 $21,840 $22,880 $19,760 $22,880
$145,080
Project Accountant - $0 $0 $0 $0 $0 $0 $0
$0
Project Manager/OA-MEPF _ --- ---------------
. , $0 $0 $0 $0 $0 $0 $0
•
$0
Proiect Engineer - --- -- --
$0 $0 $0 $0 $0 $0 $0
_ __ _ _ __ __ ____ __ _ _ __$0_
Admin/Document Control -
., ,. $0 $0 $0 $0 $5,280 $4,560 $5,280
$15,120
Schedule Support
1 -' i $3,200 $3,200 $3,200 $12,800 $3,200 $3,200 $3,200
$33,520
EdimatingSuoport -
i v $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $6,400
$28,320
Project ControM
lsanaver '- - - ---
•. ., , $0 $0 $0 $0 $0 $0 $0
__________ $0
pAnr Fn®neer(Structure&Finichectl _ -
. . ... $0 $0 $0 $0 $0 $0 $0
i
' Labor Estimate)_$ 7,105;,5 8,960 $ 7,660 $ 8975 $ 18,800!,,$„37,700 $ 59,140 $ 56,820 $ 71,520 ,$.69,520 $ 65,240 $ 76,120 $ 487,560
Expense Estimate ti$ - 5 1,529 $ 10 I$___823 $ 2,309 $ 2,309 $ 2,309 $ 2,309 5 8,959{5 3,459 $ 3,459 $ 3,459 $ 30,933
Fee Estimate;_$ '7,105^(,$ 10,489 $_7,670 1$ 9,798 t$ 21,1109.;-$ 40,009 $ 61,449 $ 59,129 $ 80,479'$ 72,979'$ 68,699,$ 79,579 $ 518,493
. _____ .I-_ -_ __ ___l I ___F ;T I
11SEP15
tilt' CITY OF MIAMI BEACH Page 2
Owner's Representative Services
Owner's Representative Services Cost Matrix
January-December 2016
ESTIMATED HOURS Jan 1 Feb 1, Mar ' Apr I May I Jun 1 Jul i Aug I Sep Oct , Nov 1 Dec I Year
Proiect Executive I 1
IEladio Castrodad 80 80 - 80 80 80 80 •80 80 80 80_. 80 " 80 960
I- '
1.Seneor Project Manaeer
!Steve Debartolo 146 154 170 154 154 162 146 170 154 ' 154 146 154 1,864
Project Manaeer I 1 .1. I _ - _,- I
Dennis Parces 146 154 170 154 154 162 146 170 154 154 146 154 1,864
proiert Accountant, ___ j" -- ---.- I i I
_1LizzetLozada 146 154 170 154 154 162 146 170 154 154 146 154 1,864
Project Manaeer/QA-MEPF i I 1 i I i ! I
{William Rodriguez 146 154 170 154 154 162 146 170 154 154 146 154 1,864
Proiect Engine er t e T � 1 I _
! i i I
IDrew Gerig 146 154 170 154 154 162 146 170 154 154 146 154 1,864
Admin/Document Control !I I 170 154 i I
ICatarinaPadilha 146--. 154 l__.154 162 146 170 /._ -, 1 _:
154 154 146 154 1,864
Schedule or
Su t 1 t 1 I II
!RaqueiShohet 80 80 20 20 20 ' 20 20 20 20 20 20 20 360
EstimatinaSu000rt i I e
[Charles(CJ)Dombrowski 20 20 20 20 20 20 20 20 20 . 20 20 20 240
ProjectControlsManaaer '
[Mike Correa 146 154 -170 154 154 162 146 170- 154 , 154 146 154 1,864
PAM'FnpinrrtlStrycturr&Finishest i I I I I
[1 d Lo 17
tts 146 154, 0 -154 154 162 146 170 154 -154 146 154 1,864
_ Phase Hours 1,348 _' 1,412 1 1,480 1,352 i 1,352 3_ 1,416 1,288 1,480 1,352 _1 1,352 i 1,288 1 1,352 J 16,472
I I 1 1 I 1
e e
ESTIMATED FEE 1 Jan I Feb I Mar 1 Apr I May I Jun 1 Jul __Aug ji Sep 1 Oct Nov I Dec Year
Proiect cutev `�" _ _� i.. E._-__,.__._.�___._. ( I__- �.1�_.�__� __A_.i__._....._�T_,
$13,840 $13,840 $13,840 $13,840 rv$13,840 $13,840. $13,840 $13,840 $13,840 $13,840 $13,840 $13,840
$166,080
Ceninr Project Manaeer i e i I I
_„ $23,798 $25,102 $27,710 $25,102 $25,102 $26,406 $23,798 $27,710 $25,102 $25,102 $23,798 $25,102
..
proiert Manager 1 < ) 1_ i( 1 I J
I $19,418 $20,482 ,$22,610 $20,482 $20,482 $21,546 $19,418 $22,610 $20,482 $20,482 $19,418 $20,482
1 _ $247,912
proiectAccountant ! I 1 I
$19,418 $20,482 $22,610 $20,482 $20,482 $21,546 $19,418. $22,610 $20,482 $20,482 $19,418 $20,482.
•
1 , $247,912
L
proiectManagrr/OA-MEPFI I - 1 !_ K:.__ _.v_.!-....._-._... ._._ .-,._.1..... -..--._....1 .._..i. _ ---_. i
$19,418 $20,482 $22,610 $20,482 $20,482 $21,546 $19,418 $22,610 $20,482 $20,482 $19,418 $20,482
$247,912
prolectEngineer ) i I . I--1 I I
-1 $16,498 $17,402 $19,210 $17,402 $17,402 $18,306 $16,498 $19,210 $17,402 $17,402 $16,498 $17,402 •
$210,632
Admin u
/Docment Control I I I - - 1
J+`
-i $9,198, $9,702 $10,710 $9,702 $9,702 $10,206 $9,198 $10,710 $9,702 .$9,702 $9,198 $9,702
ii $117,432
4hr neort i i 1 i ++........... -1 'I..- I 1_ - l._._.,;.._„_._;,__._ I .1.-._.__.__ i
i...L._.
$12,800 $12,800 $3,200 $3,200 $3,200 . $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200
$57,600
FctimatineSu000rt e - , I I ■ L I
$3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200
38,400_
Pen iect Contrnl<Manae r e
$20,878 $22,022 $24,310 $22,022 $22,022 $23,166 $20,878 $24,310 $22,022 $22,022 $20,878 $22,022
$266,552
OAO nein r(ctru t 1r &Fini<h sl ---
$20,878 $22,022 $24,310 $22,022 $22,022 $23,166 $20,878 $24,310 $22,022 $22,022 $20,878 $22,022
■ - _ ._ $266,552
Labor Estimate!$ 179,344 $187,536 $_194,320 1_5 177,936 $177,936 1 5 186,128 $169,744 15 194,320 .$177,936 $177,936 1$169,744 .177,936 $2,170,816
- 1111 Expense Estimate`$ µ 2 683 $ 2 683 i 5 2 683 $ ?683 5 2 683 $ 2 683 5 2 683 $ 2 683 $ 2 683 $ 2,683 52683 µ 2,683 $ 32,200
Fee Estimate I 182 027 $190 219 $197,003 $180 619 $180,619 $188,811 $172,427 $197 003 $180,619 $180,619 1$172,427 j$180619,,S...2,203,016
I I 1
11SEP15
CITY OF MIAMI BEACH Page 13
�' Owner's Representative Services
J
Owner's Representative Services Cost Matrix
January-December 2017
ESTIMATED HOURS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year
project Executive
EladioCastrodad 80 80 80 80 80 80 80 80 80 80 80 80 960
Senior Protect Manager
Steve Diba rtolo 154 146 170 146 162 162 146 170 154 162 146 146 1,864
Project Manager
Dennis Parces 154 146 170 146 162 162 146 170 154 162 146 146 1,864
proiect Accountant
Lizzet Lozada 154 146 170 146 162 162 146 170 154 162 146 146 1,864
proiect Manager/OA-MFPF
William Rodriguez 154 146 170 146 162 162 146 170 154 162 146 146 1,864
ProiectEneini eer Drew Gerig 154 146 170 146 162 162 146 170 154 162 146 146 1,864
Admin/Document Contro(
Catarina Padilha 146 154 170 154 154 162 146 170 154 154 146 154 1,864
schedule Suuaort
Raquel Shohet 20 20 20 20 20 20 20 20 20 20 20 20 240
Estimating Su000rt
Charles(CJ)Dombrowski 20 20 20 20 20 20 20 20 20 20 20 20 240
proiect ControlsManager
Mike Correa 154 146 170 146 162 162 146 170 154 162 146 146 1,864
IIMICIaginumlitLuctuEsAfinisheal
Ted Lotts 154 146 F 170 146 162 162 146 170 154 162 146 146 1,864
Phase Hours 1,344 1,296 1,480 1,296 1,408 1,416 1,288 1,480 1,352 1,408 1,288 1,296 16,352
ESTIMATED FEE Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year
proiect Executive
$14,080 $14,080 $14,080 $14,080 $14,080 $14,080 $14,080 $14,080 $14,080 $14,080 $14,080 $14,080
$168,960
Senior Protect Manager
$25,564 $24,236 528,220 $24,236 $26,892 $26,892 $24,236 $28,220 $25,564 $26,892 $24,236 $24,236
$309,424
proiect Manager
$20,944 $19,856 $23,120 $19,856 $22,032 $22,032 $19,856 $23,120 $20,944 $22,032 $19,856 $19,856
$253,504
oiect Accountant
$20,944 $19,856 $23,120 $19,856 $22,032 $22,032 $19,856 $23,120 $20,944 $22,032 $19,856 $19,856
$253,504
proiect Manager/OA-MEPF
$20,944 $19,856 $23,120 $19,856 $22,032 $22,032 $19,856 $23,120 $20,944 $22,032 $19,856 $19,856
$253,504
proiect Engineer
$17,864 $16,936 $19,720 $16,936 $18,792 $18,792 $16,936 $19,720 $17,864 $18,792 $16,936 $16,936
$216,224
Admin/Document Control
$9,636 $10,164 $11,220 $10,164 $10,164 $10,692 $9,636 $11,220 $10,164 $10,164 $9,636 $10,164
$123,024
Schedule Su000rt
$3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200
$38,400
Estimating Sunoort
$3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200 $3,200
$38,400
proiect Controls Manager
$22,484 $21,316 $24,820 $21,316 $23,652 $23,652 $21,316 $24,820 $22,484 $23,652 $21,316 $21,316
$272,144
QAOC Engineer IStructure&Finished
$22,484 $21,316 $24,820 $21,316 $23;652 $23,652 $21,316 $24,820 $22,484 $23,652 $21,316 $21,316
$272,144
Labor Estimate,$181344 $17.4,016!$198,640 $174,016 $189,728 $190,256 $173,488 i,$198,640($181,872,$189,728 $173,488 $17.4,016 $2,199,232
Expense Estimate:$ 2,683 $ 2,683 $ 2,683 $ 2,683 $ 2,683 $ 2,683 $ 2,683 $ 2,683 $ 2,683 $ 2,683 $ 2,683 $ 2,683 $ 32,200
Fee Estimate'$184,027 $176,699 $201,323 $176,699 $192,411 $192,939 $176,171!$201,323 $184,555 $192,411 $176,171 $176,699 $2,231,432
,
11SEP15
till" CITY OF MIAMI BEACH Page 14
Owner's Representative Services
r.
Owner's Representative Services Cost Matrix
January-December 2018
ESTIMATED HOURS,' Jan 1 Feb i Mar i Apr May . 1. Jun iu
l Aug 1 Sep 1 Oct I Nov Noy Dec: Year
Project Executive 7 I I { 1 i
Eladio Castrodad •10 10 10 10 10 •10 60
Senior Proiect Manager 1 i J 1
[Steve Dibaitolo 169 153 169 161 169 161 . 982•
pro_iectManager [ _._. I 1-... .._._-,T,. ...._L. __ .__....., , 1
[Dennis Parces 169 153 169 161 169 • 161 982
project Accountant I 1 .1..„_ L 1 i
iLlzzet Lozada 1 0
project Manager/OA-MFPFI �- I _.__wig ..,___,� _�..._._..._..._!...__,_.._._I.__ .__....� _......_._i .._ _1---
[William Rodriguez o
Proiect E � 1 ng neer I _ M I i I
LDrew Gerig • 85 77 85 85 85 85 501
Adrmin/Du ro
ncmentContl 1 ■ . 1' 1 I I t j j I
[Catarina Padilha 169 153 169 161 169 • 161 982
Schedule Suoaort 1 I. 1
IRaquelShohet 20 20 20 20 20 20 120
EstimatingS, Dort 1 1 I 1 1 I 1 1 1 1 1
`Charles(CJ)Dombrowski 20 20 20 20 20 20 120
Prole ct Controls Manager II 1 1 1 1 I 1 1 _ I. 1
,'Mike Correa 0
OA OC_Fneineer(Structure&Finish,' 1. _-.. I _ _ -1_.._. .;.._ 1 I 1....__..,_._.._1... _..... 1 ._.� .._,.!.,. __ .,....i-__,._-
!Ted Lotts; 169 r 153 169• •' 161 169. 161 982
Phase Hours 811 i 739 i 779 0 i 0 I 4,729
....,.. 1 811 779._......(...... ._...._ ................�........__.r.......l.._811..,..,..,..._..1.., 79............T.. 0 0..._...,_ u 0...._......._.....,_ ......_. -I-_....._....
1 1 1 .1 1 1 I II
rolectExeTED _.._.-_...__ ----__.. ..+........,.._...-..1.._...-.._r.._....�._-_,.._._...__t__..w._...,._1_..._._. ..._�,_.,.. __1.__......!._.....1_ .....�,......._........,...i_....._.. Year
ESTIMATED FEE Jan Feb Mar Apr 1 May Jun Jul u Aug Au �c, Oct Nov Dec
p _ .._. ,_. .___ _ r �.__, __� . .•
$1,790 $1,790 $1,790 $1,790 $1,790 $1,790 0 }(i 5.t, 51i 1,1 -,. $10,740
ce nior Project Manager l _1
1 . .._:._.. 1. ___...___[.__. - ._I_.__. I._. _ L L_-_ , ..) !_._ J_.
$28,561 $25,857 $28,561 $27,209 $28,561' $27,209 ", =,,, >u i $165,958
Proiect Manager i 1 i i 1 E i
_.I
1 $23,491 $21,267 • $23,49,1 $22,379 $23,491 $22,379 a, `■ $$!I `•i ,,r $136,498
Proiect Accountant I I i i ' j I
-.1. $0 $0 $0 $0 $0 $0 •s3 ,■ ;5U °,Li 56 $0
proiectManager/OA-MEPFI I _ I 1 I i 1 1
•
_.{Ili $0 $0 $0 $0 $0 $0 S 0 4u 1S $o
Proiect Engineer 1 I 1 �..
L__________ $10,056 $9,104 $10,056 $10,115 $10,115 $10,115 :lilt ?;t, t S,ii Sii ;,.+ $59,560
Admin/Document Control 1 - j I - I 1 , .__ _...R__.__ _.. I_ ._ .
$11,661 $10,557 $11,661 $11,109 $11,661 $11,109 3 $ $3 -;ii 3■1 Si, $67,758
'schedule 5u000rt I I i i ( 1 r
Estimative5u000rt $3,200-. ...$3,200 1._..$3,20 0 $3,200 $3,200 $',200 3 $$i _ $ii _ 2U 3 $0. $19,200
. __.. _ ,_1 _ j .. � ----
$3,200 $3,200 • $3,200 $3,200 $3,200 $3,200 ;?■ j $3 $0 - }U il■ i!, $19,200
proiectControlsManaeer.�,.._^..,_ L,.._ ..L...._._._-.._..,_. .1 1 - ..1,,,. -_,.._.._.I _.I-_.-._.___.._...._._.__.1,___.---._._-.-1--.....
$0 . $0 $0 $0 $0 $0 as ,.. Su ;;L: =.0 so
OAO neineer IS ructur &Finia, 1 1 1 i ' 1 I
,
$25,181 $22,797. $ 181 . $23,989 $25,181 $21,989 U .ti J :C( 5:1, $3 $146,318
I Labor Estimate'$107,140 $ 97,772 I$107,140 $102,991 $107,199 $102,991 ;S - $ - 15 5 - ■5 - .$ 625,232
4 Expense E s t i m a t e $ 2,017 $ 2,017 $ 867 I$ 867 $ 867 ,$ -_867 $ - I$ !$ $ _ _ �$- $ _ 1$ . 7,500
Fee Estimate $109 156 $ 99 788 I$108,006 i$103,858 $108,066 $103,858 $ $ - I$ $ - I$ - $ $ 632,732
_.. ,_.-.__ t_.__. _ 1 __.___ __..�
till" Owner's OF MIAMI BEACH Page 15
Owner's Representative Services
Owner's Representative Services Cost Matrix
Design-Build to CMAR
DESIGN-BUILD CMAR
Pre Construction Phase
PERIOD JAN-MAY/15 JAN-DEC/15
TEAM Hours Hours Comments
Proiect Executive IE.Castrodad) 202 328 ...Accounts for second half of 2015
Senior Project Manager(S.Di bartolo) 403 1,311 , ...Accounts for second half of 2015
Proiect Manaeer - 1,116 ...RVI needed to assist with Park pricing and bidding
project Accountant - -
Project Manager/OA-MEPF - -
Project Eneineer - - -
...Required to assist with Arch/Contractor
Admin/Document Control - 252 communications and eBuilder FT support
l ...Required to review and validate Clark's baseline
Schedule Support - 210 schedule for GNP
...Required to review and spot check LIS Cost and
Estimating Support - • 177 ‘Clarks CO estimates and GMP estimates
Project Controls Manager -
OA(IC Enelneer(Structure&Finishes) - -
605 3,394
FEES&EXPENSES
FppI ! ., $ _ 98,820' $ 487,560
Fxpensec $ 15,000 $ 20,833
Trailers !' $ - $ 10,100
$ 113,820 $ 518,493
Construction Phase
PERIOD JUN/15-JUN/18 JAN/16-JUN/18 .
TEAM Hours Hours
Project Executive IE.Castrodad) 2,1107 1,980 ...Six months allocated to pre-con phase
Senior Project Manaeer(S.Dibartolo) 5,902 4,710 ...Six months allocated to pre-con phase
a
project Manager - 4,836 I 4,710 ...Six months allocated to pre-con phase
Project Accountant 3,728 3,728
protect Manaeer/OA-MEPF _- 3,854 3,728
...Additional time to support 3 no.PT hours during
project Engineer 3,974, 4,229 2018 project closeout and punchlist
...Increased document control required to address
Admin/Document Control 2,284 4,710 Architect/Contractor documentation and corrrunic.
' ...Required to review park's baseline schedule
Schedule Suonort _ 560 720 updates after GMP
. ...Additional hours to spot check COP cost
FstimatineSu000rt _ 192 600 estimates
...Assist and support COP/ASI Reviews,Pay App
project Controls Manaeer - 3,728 review,Contract Adrrin.and Cost Control Efforts
...To address oversight coverage gaps resulting
OA Engineer(Structure&Finishes)LL - 4,710 from contractors proposed double shift approach
27,440 37,553
FEES&EXPENSES
Fees $ - 3,733,895 $ 4,995,280 .
Eno enses `$ 40,833 $ 42,000 '
i
Trailers i$ 139,880 $ 29,900 1...Based on Clark holding trailer contract
'$ 3,914,608 $ 5,067,180'
t
CITY OF MIAMI BEACH Page 16
�' Owner's Representative Services
J
•
Project Delivery Method
Design Build to CMAR
•
•
Total Fees and Expenses
Fees $ 3,832,715 $ 5,482,840
1
fxoense@ $ 55,833 $ 62,833 a_
Trailer S 1 $ 139,880 $
40,000
TOTAL FEES AND EXPENSES _ i I$ 4,028,428 $ 5,585,673
Additional Services: r
...Threshold Inspection Sesrvices Consultant added•Request#1:ThresholdlnspectorServices(24 Months) I ti $ 718,080 to contract(AdditionalServices)
IQIAL $ 6,303,753'� i
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fii• I CITY OF MIAMI BEACH Page 17
•Owner's Representative Services