97-22407 RESO
RESOLUTION NO. 97-22407
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR jllN [)
THE CITY CLERK TO EXECUTE AN AGREEMENT WITH CONSUL-
TECH ENGINEERING, INC., IN THE AMOUNT OF $413,222 ],'0 R
ARCHITECTURAL 1 ENGINEERING SERVICES FOR THE 41ST STRl!~E r
BEAUTIFICATION PROJECT, PHASE II.
WHEREAS, on August 23, 1996, the City issued a Request for Letters ofInterest (RFLJ N).
155-95/96) seeking Professional Architectural 1 Engineering Services for the 41 st Stre~t
Beautification Project, Phase II; and
WHEREAS, a selection committee comprised of City representatives and communi y
residents reviewed the three proposals submitted for this Project and recommended three firms t)r
presentations; and
WHEREAS, the selection committee interviewed the three firms on November 13, 1995,
and unanimously selected Consul-Tech Engineering, Inc. as the recommended firm for this Proje< t;
and
WHEREAS, the Administration has negotiated the attached Professional Servic .:s
Agreement with Consul-Tech Engineering, Inc., in the amount of $413,222; and
WHEREAS, funds were appropriated in May 1996 into Work Order 366.2104 from the
Quality of Life Funds for Mid-Beach from the additional 1 % resort tax.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor ani the
City Clerk are authorized to execute the attached Professional Services Agreement with Consul-Tel h
Engineering, Inc., in the amount of $413,222, for Architectural 1 Engineering Services for the 41 st
Street Beautification Project, Phase II.
,1997.
~~
oJ
PASSED AND ADOPTED THIS 4th day of
MA
JS:~ r ClA~
CITY CLERK
APPROVED AS 'f()
FORM & lANGU},.G:
& FOR EXECUTION
~ IJ~();~- ~1~.yV /11
;...'''1 Attorney '1S""'-
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 3~lo..l1 '7
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
June 4, 19S 7
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTION F THE MAYOR AND CITY COMMISSION OF TH.~
CITY OF MIAMI EACH, FLORIDA, AUTHORIZING THE MAYOR A,N)
THE CITY CLERK TO EXECUTE AN AGREEMENT WITH CONSUI-
TECH ENGINEERING, INC., IN THE AMOUNT OF $413,222 F 0 l.
ARCHITECTURAL / ENGINEERING SERVICES FOR THE 41ST STRI:E r
BEAUTIFICATION PROJECT, PHASE II.
ADMINISTRATION RECOMMENDATION:
To approve the Resolution authorizing the execution ofthis agreement.
CONTRACT AMOUNT AND FUNDING:
$413,222 Funds were appropriated in May 1996 into Work Order 366.2104 from the Quali1y
of Life Funds for Mid-Beach from the additional 1 % resort tax.
BACKGROUND:
The Master Plan for this project was prepared by Curtis and Rogers Design Studio, Inc. and Sa'lin:>
Miller Design Studio in September of 1995, after an extensive community planning process.
The 41 st Street improvements, as planned, consist of the development of landscaped mediani,
landscaping, landscape lighting, irrigation, curb and gutter, drainage, bridge enhancemt:nti,
crosswalk enhancements, intersection surface enhancements, signage, street furnishings, and ne' v
or refitted pedestrian light fixtures.
The City of Miami Beach issued RFLI Number 155-95/96 seeking the professional services eLm
architectural/engineering firm to prepare design development and construction documents, a;si:t
the City in the bidding and negotiation phase( s), and to provide construction observation an j
administration during construction.
At its meeting of January 8, 1997, the City Commission authorized the Administration to enter in1.)
negotiations for a contract with the number-one ranked firm of Consul-Tech Engineering, In;. 1 I)
AGENDA ITEM
c:r-G
t..._c....~
DATE
provide professional architectural/engineering services for the 41 st Street Beautification Prc'jed,
Phase II.
On May 21, 1997, Consul-Tech, Inc. submitted a revised proposal based on the agreed upon scope
of services. As part the scope of services, a "Design Development Report" will be submitted oriJr
to the pn~paration of construction documents, to allow the City to add or delete elements 0 f the
Master Plan in arriving at a final plan for implementation. This report will provide a description Jf
each component of the project and its associated construction cost. Should the City elect to redu.:e
the scope of the Master Plan, the basic services fee shall be adjusted accordingly.
ANALYSIS:
ESTIMATED CONSTRUCTION COST (based on Master Plan)
$4,201,326.:1
I. BASIC SERVICES
A. Construction Documents
B. Construction Observation
$278,086.:.0
C.
Specialty Items (not to exceed)
1. Architectural
2. Signage
3. Lighting
4. Bridge
$10,023.50
$12,467.00
$15,147.00
$24,164.50
$61,802.00
MAXIMUM FEE BASIC SERVICES
$339,8~ 8.:::0
II.
ADDITIONAL SERVICES
A. Design Development Report
B. Survey
C. Reimbursable Expenses
(includes reproduction, mailing,
photography, etc.)
$48,380.00
$16,953.60
$ 8,000.00
MAXIMUM FEE ADDITIONAL SERVICES
$73,333.11';0
TOTAL
$413,221.::-10
This contract shall consist of the following schedule:
1.
2.
3.
4.
Design Development Report
Construction Documents
Bidding and Award of Contract
Construction Administration
(90 days from Notice to Proceed)
(240 days after approval ofItem t.)
(90 days after approval ofItem 2 )
(300 days after approval ofltem J.)
CONCLUSION:
The Administration recommends that the Mayor and City Commission approve the atta,~hld
Resolution authorizing the execution of an Agreement between the City of Miami Beach at d
Consul-Tech, Inc. for the professional architectural/engineering services for the 41 st S tre~t
Beau:ific:~tion Project, Phase II.
JGP~J /JDPlbmw
F:\WORK\$ALL\B IST\6497COMI.MEM
"
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND CONSUL-TECH ENGINEERING, INC. FOR PROFESSIONAL
ARCHITECTURAL/ENGINEERING SERVICES FOR THE
41ST STREET BEAUTIFICATION PROJECT, PHASE II
THIS AGREEMENT made this ~ day of June, 1997 by and between the CITY CF
MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legll
representatives, and assigns, and CONSUL-TECH ENGINEERING, INC. (Consultant).
Agreement:
City Manager:
Consultant:
Final Acceptance:
Fee:
SECTION 1
DEFINITIONS
This written Agreement between the City and the Consultant.
"City Manager" means the Chief Administrative officer of the City.
For the purposes of this Agreement, Consultant shall be deemed to b~ en
independent contractor, and not an agent or employee of the City.
"Final Acceptance" means notice from the City to the Consultant tha1 tl e
Consultant's Services are complete as provided in Section 2 of th s
Agreement.
Amount paid to the Consultant to allow for its costs and margin of profit.
Project
Coordinator:
Proposal
Documents:
Risk Manager:
Services:
Termination:
Task:
An individual designated by the City Commission to coordinate, direcl at d
review on behalf of the City all technical matters involved in the Scope )f
Work and Services.
Proposal Documents shall mean the a) Request for Letters of Interest N).
155 - 95/96 for Professional ArchitecturallEngineering Services for the 41;;t
Street Beautification Project, Phase II, issued by the City, in contemplati( n
of this Agreement, together with all amendments, and b) the Consult:ml'S
proposal and response (Proposal) which is incorporated by reference in ths
Agreement and made a part hereof.
The Risk Manager of the City, with offices at 1700 Convention Center Driv~,
Third Floor, Miami Beach, Florida 33139.
All services, work and actions by the Consultant performed pursuant 10 .,r
undertaken under this Agreement described in Section 2.
Termination of Consultant Services as provided in Section 4.9 of th s
Agreement.
A discrete portion of the Scope of Services to be accomplished by tl e
Consultant, as described in Section 2 below, if directed and authorized.
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SECTION 2
SCOPE OF WORK AND SERVICES REOUIRED
The scope of work for this project to be performed by the Consultant is set forth in Exhibit "A,"
entitled "Scope of Services" (Services).
SECTION 3
COMPENSATION
3.1
FEE
Consultant shall be compensated for the Services herein on a fee based upon a percertal:e
of constmction costs as set forth in Exhibit "A".
3.2
METHOD OF PAYMENT
Payment shall be made monthly to the Consultant pursuant to invoices by the Consulta It
in proportion to the percentage of the completion of those phases of the Project, as set for:h n
Exhibit "A".
All invoices shall contain a statement that the representations made therein are tme at.d
correct and in accordance with the Agreement. Payments shall be made within thirty (30) da:ls )f
submission of an invoice to the City.
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4.1
SECTION 4
GENERAL PROVISIONS
RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that degree )f
skill, care, efficiency and diligence normally exercised by recognized professionals with respect .0
the performance of comparable Services. In its performance of the Services, the Consultant;h, 11
comply with all applicable laws and ordinances, including but not limited to applicable regulations
of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines.
4.2
PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes as available with the office of Procurement, shall be filed ly
Consultant.
4.3
PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as Pmje;;t
Manager for the Services who shall be fully responsible for the day-to-day activities under tl: is
Agreement and who shall serve as the primary contact for the City's Project Coordinator.
4.4
DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be through the final acceptance of the Services.
4.5
TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon receipt of a Wlittl:n
Notice to Proceed from the City subsequent to the execution ofthis Agreement, and Consultant sh; JI
adhere to the completion schedule as referenced by Exhibit "B" hereto.
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A reasonable extension of time shall be granted in the event the work of the Consultant .s
delayed or prevented by the City or by any circumstances beyond the reasonable control o:~ tie
Consultant, including weather conditions or acts of God which render performance of tl.e
Consultant's duties impracticable.
4.6
NOTICE TO PROCEED
Unless directed by the City otherwise, the Consultant shall proceed with the work only up< ,n
issuance of a Notice to Proceed by the City.
OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related exclusi vey
to the Services described herein, and are intended or represented for ownership by the City. Al Y
4.7
reuse shall be approved by the City.
4.8
INDEMNIFICATION
Consultant agrees to indemnify and hold harmless, the City of Miami Beach and its office] s,
employees and agents, from and against any and all actions, claims, liabilities, losses, and expenSt s,
including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful d~a11,
loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen~ron
the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its emplo:iet S,
agents, sub-consultants, or any other person or entity acting under Consultant's control, in conne,:tillll
with the Consultant's performance ofthe Services pursuant to this Agreement; and to that exten:, t le
Consultant shall pay all such claims and losses and shall pay all such costs and judgements whil:h
may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attome is
fees expended by the City in the defense of such claims and losses, including appeals. The pc.rti .~s
agree that one percent (l %) of the total compensation to the Consultant for performance of tl is
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Agreement is the specific consideration from the City to the Consultant for the Consultanl 's
Indemnity Agreement.
The Consultant's obligation under this section shall not include the obligation to inderrni y
the City of Miami Beach and its officers, employees and agents, from and against any actiolls 'If
claims which arise or are alleged to have arisen from negligent acts or omissions or other wroLgf II
conduct of the City and its officers, employees and agents. The parties each agree to give the oth .~r
party prompt notice of any claim coming to its knowledge that in any way directly or indirect y
affects the other party.
4.9
INSURANCE REOUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all insuran,;e
required under this Section has been obtained and such insurance has been approved by the Cit) 's
Risk Manager. The Consultant shall maintain and carry in full force during the term of ths
Agreement and throughout the duration ofthis project the following insurance:
1. Certificate of insurance of professional liability (errors and omissions) for a minimun }f
$500,000 per occurrence.
2. Consultant General Liability in the amount of $1,000,000.00 per occurrence for bodiy
injury and property damage (to include contractual products and completed operations). T! le
City of Miami Beach must be named as an additional insured on this policy. A certifil:d
copy of the Consultant's (and any sub-consultants') Insurance Policy must be filed aJ I,d
approved by the Risk Manager prior to commencement.
3. Workers Compensation & Employers Liability as required pursuant to Florida statute.
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4. Thirty (30) days written notice of cancellation or substantial modification in the insur,m< e
coverage must be given to the City's Risk Manager by the Consultant and his insur,m< e
company.
5. The insurance must be furnished by insurance companies authorized to do business in tl e
State of Florida and approved by the City's Risk Manager.
6. Original certificates of insurance for the above coverage must be submitted to the City's Ri~ k
Manager for approval prior to any work commencing. These certificates will be kept or fi e
in the office of the Risk Manager, 3rd Floor, City Hall.
7. The Consultant is responsible for obtaining and submitting all insurance certificates for the ir
consultants.
All insurance policies must be issued by companies authorized to do business under the la, 's
of the State of Florida. The companies must be rated no less than "B+" as to management and n )t
less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by AJ L
Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Ri:k
Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabi .iti .:s
and obligations under this Section or under any other portion of this Agreement, and the City ~h( II
have the right to obtain from the Consultant specimen copies of the insurance policies in the eve lt
that submitted certificates of insurance are inadequate to ascertain compliance with required ove~a~ e.
4.9.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that writtl ':n
notice shall be given to the City at least thirty (30) days prior to termination, cancellaticn )r
reduction in coverage in the policy.
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4.9.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any Seryicl:s
pursuant to this Agreement until the City has received and approved, in writing, certificatt:s 'If
insurance showing that the requirements of this Section (in its entirety) have been met and providtd
for.
4.10
FINAL ACCEPTANCE
When the Consultant's Services have been completed, the Consultant shall so advise the Ci .y
in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights to rem(:di.~s
available to the City under any other Section of this Agreement.
4.11
TERMINATION. SUSPENSION AND SANCTIONS
4.11.1 Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant shall f: il
to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipula1:io IS
material to this Agreement, the City shall thereupon have the right to terminate the Agreemem aJ Ld
the Services then remaining to be performed. Prior to exercising its option to terminate for cam e,
the City shall notify the Consultant of its violation of the particular terms of this Agreement and sh: Lll
grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (1 ))
days, the City, upon seven days notice to Consultant, may terminate this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings, mal s,
models, photographs, reports and other work products prepared by the Consultant and ts
subcontractors shall be properly delivered to the City and the City shall compensate the ConsL lta nt
in accordance with Section 3 for all Services performed by the Consultant prior to Termination.
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Notwithstanding the above, the Consultant shall not be relieved of liability to the Cit~r f(.r
damages sustained by the City by virtue of any breach of the Agreement by the Consultant and tl e
City may reasonably withhold payments to the Consultant for the purposes of set off until such :in e
as the exact amount of damages due the City from the Consultant is determined.
4.11.2 Termination for Convenience of City
The City may, for its convenience and without cause, terminate the Agreement and ti e
Services then remaining to be performed at any time by giving written notice to Consultant of :mc h
termination, which shall become effective seven (7) days following receipt by Consultant of tl e
written termination notice. In that event, all finished or unfinished documents and other mate:ia s
as described in Section 2 shall be properly delivered to the City. If the Agreement is terminated ty
the City as provided in this Section, the City shall compensate the Consultant for all Serv ic( s
actually performed by the Consultant and reasonable direct costs of Consultant for assembling ar d
delivering to City all documents. Such payments shall be the total extent of the City's liability to tie
Consultant upon a termination as provided for in this Section.
4.11.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement and the remaining Services 10
be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy (r
makes an assignment for the benefit of creditors. In such event, the right and obligations for tl,e
parties shall be the same as provided for in Section 4.1 0.2.
4.11.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions of th s
Agreement, the City shall impose such sanctions as the City or the State of Florida may determir e
to be appropriate, including but not limited to withholding of payments to the Consultant under tr e
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Agreement until the Consultant complies and/or cancellation, termination or suspension 0 f t] le
Services, in whole or in part. In the event the City cancels or terminates the Services pursuant tCI tt is
Section the rights and obligations ofthe parties shall be the same as provided in Section 4.11 2.
4.11.5 Changes and Additions
Each such change shall be directed by a written Notice signed by the duly authorizcd
representatives ofthe Consultant. Said Notices shall provide an equitable adjustment in the time Ilf
performance, a reallocation ofthe task budget and, if applicable, any provision of this Agreeme It
which is affected by said Notice. The City shall not reimburse the Consultant for the co;;t 'If
preparing Agreement change documents, written Notices to Proceed, or other documentation in th.5
regard.
4.12
ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement.
4.13
SUB-CONSUL T ANTS
The City hereby consents to and approves the subcontracting of certain services to Ie
performed by Consultant, as set forth in Exhibit "A."
The Consultant shall be liable for the Consultant's services, responsibilities and liabiliti( s
under this Agreement and the services, responsibilities and liabilities of sub-consultants, and an y
other person or entity acting under the direction or control of the Consultant. When the len 11
"Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and an 'Y
other person or entity acting under the direction or control of Consultant.
4.14 EOUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not discriminal e
against any employee or applicant for employment because of race, color, religion, ancestry, se~.,
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age, national origin, place of birth, marital status, or physical handicap. The Consultant shall tal.:e
affirmative action to ensure that applicants are employed and that employees are treated during tht ir
employment without regard to their race, color, religion, ancestry, sex, age, national origin, plal:e
of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited
to the following: employment, upgrading, demotion, or termination; recruitment or recruitme lt
advertising; layoff or termination; rates of pay, or other forms of compensation; and selection t)r
training, including apprenticeship.
4.15 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade Co Lln y
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Chlrt~r
and Codt:, which are incorporated by reference herein as if fully set forth herein, in connection wi h
the contract conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any intere~ t,
direct or indirectly which should conflict in any manner or degree with the performance or tl e
Services. The Consultant further covenants that in the performance of this Agreement, no pe rsc n
having any such interest shall knowingly be employed by the Consultant. No member of or delega e
to the Congress of the United States shall be admitted to any share or part of this Agreement or 10
any benefits arising therefrom.
4.16 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, de ;ig n
specifications, processes, data and findings, shall be made available to the City for public use. .
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No reports, other documents, articles or devices produced in whole or in part under th is
Agreemt:llt shall be the subject of any application for copyright or patent by or on behalf 0 f tl Ie
Consultant or its employees or subcontractors.
4.17 NOTICES
All communications relating to the day-to-day activities shall be exchanged between tllle
Project Manager appointed by Consultant and the Project Coordinator designated by the City. Tile
Consultant's Project Manager and the City's Project Coordinator shall be designated promptly UP( In
commencement of the Services.
All other notices and communications in writing required or permitted hereunder may lIe
delivered personally to the representatives of the Consultant and the City listed below or may lIe
mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the ci.y
of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed lS
follows:
TO CONSULTANT:
Consul- Tech, Inc.
Attn: Gilbert Portela
10570 NW 27th Street, #H101
Miami, FL 33172
(305) 599-3141
TO CITY:
Office of The City Manager
Attn: Jose Garcia-Pedrosa, City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
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WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the d.l.y
following the date mailed; and if mailed to an address outside the city of dispatch on the seventh d.l,y
following the date mailed.
4.18 LITIGATION JURISDICTION
Any litigation between the parties, arising of, or in connection with this Agreement, sha 111 )e
initiated in the court system of the State of Florida.
4.19 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding betwee1 t le
parties hereto, and there are no other agreements and understandings, oral or written with refer en .:e
to the subject matter hereof that are not merged herein and superseded hereby. The Services are
hereby incorporated by reference into this Agreement to the extent that the terms and conditio IS
contained in the Services are consistent with the Agreement. To the extent that any term il tIe
Services is inconsistent with this Agreement, this Agreement shall prevail.
No alteration, change, or modification of the terms of this Agreement shall be valid unl~ ss
amended in writing, signed by both parties hereto, and approved by the City Commission of the C ty
of Miami Beach.
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This Agreement, shall be governed by and construed according to the laws of the Stal e ( f
Florida.
4.20
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a Jim lit
on the City's liability for any cause of action for money damages due to an alleged breach by the Cil y
of this Agreement, so that its liability for any such breach never exceeds the sum of Consultant's fe~,
as set forth herein and in the attached exhibit "A". Consultant hereby expresses its willingne:;s 10
enter into this Agreement with Consultant's recovery from the City for any damage action for bfi~a( h
of contract to be limited to a maximum amount of Consultant's fee herein, less the amount of a U
funds actually paid by the City to Consultant pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consulta It
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in exce..s
of Consultant's fee herein, which amount shall be reduced by the amount actually paid by the Ci y
to Consultant pursuant to this Agreement, for any action or claim for breach of contract arisin~: 0 It
of the performance or non-performance of any obligations imposed upon the City by this Agreemer 1.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a
waiver ofthe limitation placed upon City's liability as set forth in Section 768.28, Florida Statlte s.
4.21
VENUE
This Agreement shall be enforceable in Dade County, Florida, and iflegal action is nece~:sa y
by either party with respect to the enforcement of any terms and conditions herein, exclusive wm Ie
for the enforcement of same shall lie in Dade County.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executfd
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
Secretary
By:
,-,
ATTEST:
By: e~6 f~
City Clerk
FOR CONSULTANT:
ATTEST:
Corporate Seal
APPROVED AS TO
FORM & lANGUAGE
& FOR EXecunON
~~ <:ha/tJ-;.
ity Ntorney ~
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EXHIBIT" A"
Scope of Services/Compensation
ESTIMATED CONSTRUCTION COST (Based on Master Plan)
$4,201,326.: 1
I. BASIC SERVICES
A. Construction Documents
B. Construction Observation
Subtotal (6.6% of Estimated Construction Cost)
$278,086.:0
C. Specialty Items
1. Architectural (not to exceed) $10,023.50
2. Signage (not to exceed) $12,467.00
3. Lighting (not to exceed) $15,147.00
4. Bridge (not to exceed) $24,164.50
Subtotal (1.5% of Estimated Construction Cost)
$61,802.(0
MAXIMUM FEE BASIC SERVICES
$339,88'~.2 0
II.
ADDITIONAL SERVICES
A. Design Development Report
B. Survey
C. Reimbursable Expenses
(includes reproduction, mailing,
photography, etc.)
$48,380.00
$16,953.60
$ 8,000.00
MAXIMUM FEE ADDITIONAL SERVICES
$73,33:t60
TOTAL
$413,221.80
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BASIC SERVICES COST BREAKDOWN
Consul- Tech Engineering, Inc.
Savino & Miller Studios
STA Architectural Group
E. R. Brownell
Tom Graboski Associates
Ken Didonato
Lisa Hammer
Hillers Electric
EAC Consulting
TOTAL
*
Specialty Items
ST A Architectural Group
Tom Graboski Associates
Hillers Electric (50% of $30,294)
EAC Consulting
Total Specialty Items
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$10,023.50
$12,467.00
$15,147.00
$24,164.50
$61,802.00
$120,354.85
$124,400.35
$ 10,023.50*
$ 9,604.00
$ 12,467.00*
$ 7,080.00
$ 1,500.00
$ 30,294.00*
$ 24,164.50
$339,888.20
EXHIBIT "B"
Time of Completion
The services of the Consultant required hereunder shall commence immediately after the wrlttt. n
Notice-to-Proceed is issued by the City, and shall be prosecuted to completion with the necessa: y
documents delivered to the City in accordance with the following schedule:
1.
2.
3.
4.
Design Development Report
Construction Documents
Bidding and A ward of Contract
Construction Administration
(90 days from Notice to Proceed)
(240 days after approval ofItem I.)
(90 days after approval of Item 2.)
(300 days after approval ofItem J.)
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