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Agreement with Calvin, Giordano and Associates, Inc. 202C) - 3►3 R� Contract 20-119-01 20 20 - 31396 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND CALVIN, GIORDANO &ASSOCIATES, INC. FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN No. RFQ-2020-119-ND RESOLUTION NO. 2020-31396 1 TABLE OF CONTENTS DESCRIPTION: PAGE ARTICLE 1. DEFINITIONS 3 ARTICLE 2. BASIC SERVICES 8 ARTICLE 3. THE CITY'S RESPONSIBILITIES 13 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 15 ARTICLE 5. ADDITIONAL SERVICES 17 ARTICLE 6. REIMBURSABLE EXPENSES 18 ARTICLE 7. COMPENSATION FOR SERVICES 19 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 20 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 20 ARTICLE 10. TERMINATION OF AGREEMENT 21 ARTICLE 11. INSURANCE 22 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 24 ARTICLE 13. ERRORS AND OMISSIONS 24 ARTICLE 14. LIMITATION OF LIABILITY 25 ARTICLE 15. NOTICE 25 ARTICLE 16. MISCELLANEOUS PROVISIONS 26 ARTICLE 17. INSPECTOR'GENERAL RIGHTS 29 ARTICLE 18. PUBLIC RECORDS LAW .... 30 SCHEDULES: SCHEDULE A-SCOPE OF SERVICES 34 SCHEDULE A-1 64 SCHEDULE B 66 SCHEDULE C 72 SCHEDULED 73 SCHEDULE E .... 74 ATTACHMENTS: ATTACHMENT A 74 ATTACHMENT B 85 ATTACHMENT C 166 ATTACHMENT D 363 2 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CALVIN, GIORDANO &ASSOCIATES, INC. FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN This Agreement made and entered into this day of , 20 (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 CALVIN, GIORDANO & ASSOCIATES, INC., a Florida profit corporation having its local office at 1800 Eller Drive, Suite 600, Fort Lauderdale, Fl 33316 (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the RFQ No. 2020-119-nd (the "RFQ") was intended to provide access to architectural and engineering firms in accordance with the Florida Consultant's Competitive Negotiation Act; and WHEREAS, on September 16, 2020, the City Commission approved Resolution No. 2020-31396, respectively, authorizing the City to enter into negotiations with Calvin, Giordano and Associates, Inc., if successful, execute an agreement with the Consultant pursuant to the RFQ; and WHEREAS, City and the Consultant have negotiated the following agreement pursuant to the RFQ; and NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 Definitions. The definitions included in this Section are not exhaustive of all definitions used in this Agreement. Additional terms may be defined in other Contract Documents. The following terms shall have the meanings specified herein unless otherwise stated herein: ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic Services in this Agreement, as described in Article 5 and the Consultant Service Order, which the Consultant shall perform, at the City's option, and which must be duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. APPLICABLE LAWS: "Applicable Laws" means all laws, statutes, codes (including, but not limited to, building codes), ordinances, rules, regulations, lawful orders and decrees of governmental authorities having jurisdiction over the Project, the Project Site or the Parties. 3 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant(and approved by the City) as being within the Construction Cost Budget. "Base Bid" shall not include additive alternates or deductive alternates. BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement, as described in Article 2 and the Scope of Services set forth in Schedule A hereto. Any Services not specifically enumerated as Additional Services (as defined herein) shall also be considered Basic Services. 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. In all respects hereunder, City's obligations and performance is pursuant to City's position as the owner of the Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a governmental body including, but not limited to, its regulatory authority for code inspections and issuance of Building Department permits, Public Works Department permits, or other applicable permits within its jurisdiction, the exercise of such regulatory authority and the enforcement of any Applicable Laws shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a Party to this Agreement. CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall also be construed to include any duly authorized representatives designated by the City Manager in writing, including the Project Administrator, with respect to any specific matter(s) concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project). CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean the amount budgeted and established by the City to provide for the cost of construction of the Work for the Project ("Construction Cost"), as set forth in Schedule D. CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final (100% completed) plans, technical specifications, drawings, schematics, documents, and diagrams prepared by the Consultant pursuant to this Agreement, setting forth in detail the requirements for the construction of the Project. The Construction Documents shall set forth in full all details necessary to complete the construction of the Project in accordance with the Contract Documents. Construction Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Construction Documents to the City and (b) they have been reviewed and approved by the City and any agencies having jurisdiction in accordance with the procedures as otherwise provided by the Contract Documents. However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant's obligations to ensure the Construction Documents are constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents. CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the qualified and properly professionally licensed design professional in the State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities 4 and/or any other professional organizations with jurisdiction governing the professional practice area for which the design professional has been engaged by City and who will perform (or causeto be performed through Subconsultants acceptable to the City) all architectural, design and engineering services required under this Agreement and/or Consultant Service Order and will serve as the "architect of record" and/or"engineer of record" for the Project. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, or agents of Consultants, and any other person or entity acting under the supervision, direction,or control of Consultant to provide any architectural, design, engineering or similar professional services with respect to the Project ("Subconsultants"). The Consultant shall not be replaced by any other entity, except as otherwise permitted in this Agreement. Further, any Subconsultant that may perform services on behalf of the Consultant shall be a qualified and properly professionally licensed design professional in the State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities and/or any other professional organizations with jurisdiction governing the professional practice area for which the Subconsultant has been engaged by Consultant to perform professional design services in connection with the Project. The following Subconsultants are hereby approved by the City Manager for the Project: Horton Lees Brogden Lighting Design, Inc. US Utility Potholing &Air Excavation Masuen Consulting, LLC. RAD ISE International Optimus Structural Design, LLC. CONSULTANT SERVICE ORDER: Consultant Service Order shall mean any work order issued by the City to Contractor (in substantial form as in Schedule A-1 attached hereto), that specifically describes and delineates the particular Additional Services which may be required of Consultant that is the subject of such Consultant Service Order, and which may include studies or study activity, and/or professional services as defined in Section 287.055 of the Florida Statutes. CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement approved by .the City (as specified below) and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fee and/or completion dates. Contract Amendments shall be approved in accordance with Contract Approval Authority Procedure 03.02 or as amended. The City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, Consultant Service Orders and written amendments issued thereto), and all Design Documents and Construction Documents. The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the Request For Qualifications (RFQ), instructions to bidders, bid form, bid bond, Design Criteria Package (if any), the Contract for Construction, surety payment and performance bonds, Conditions of the Contract for Construction (General, Supplementary, and other Conditions), Divisions 0-17 specifications, an approved Change Order(s), approved Construction Change Directive(s), and/or approved written order(s) for a minor change in the Work. 5 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding agreement between City and Contractor for performance of the Work covered in the Contract Documents, including, without limitation, a general contractor, construction manager, design- builder or any other duly licensed construction contractor selected pursuant to any other procurement methodology available under Florida law. CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. DESIGN CRITERIA PACKAGE or DCP: "Design Criteria Package" means concise, performance-oriented drawings or specifications of a design-build Project, prepared for the purpose of furnishing sufficient information to permit design-build firms to prepare a bid or a response to a City request for proposal, or to permit the City to enter into a negotiated design- build contract. The Design Criteria Package must specify performance-based criteria for the design-build Project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. DESIGN DOCUMENTS: "Design Documents" means all plans, drawings specifications, schematics and all other documents which set forth in full the design of the Project and fix and describe in detail the size, configuration and character of the Project concerning all items of the Project necessary for the final preparation of the 100% completed, permitted Construction Documents in accordance with the requirements of the Contract Documents including, without limitation, all architectural and engineering elements as may be appropriate. Design Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Design Documents to the City and (b) they have been reviewed and approved by the City and agencies having jurisdiction in accordance with the procedures as provided by the Contract Documents. However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant's obligations to ensure the Design Documents are constructible, in compliance with all.Applicable Laws and in accordance with the Contract Documents. FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as a hurricane, tornado, flood, loss caused by fire and other similar unavoidable casualties; or other causes beyond the City's or Consultant's control that are not due to any act, omission or negligence of either City or Consultant and, which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of City or Consultant 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 Subconsultants, the Contractor and its sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process shall not be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a Force Majeure, the Consultant shall request a time extension from the Project Administrator within five (5) business days of said Force Majeure. Any time extension shall be subject to mutual 6 agreement and shall not be cause for any claim by the Consultant for extra compensation, unless Additional Services are required and approved pursuant to Article 5 hereof. PROJECT: The "Project" shall mean that certain City capital project described in the Scope) of Services set forth in Schedule A hereto. Project Cost: The "Project Cost", shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. Project Scope: The "Project Scope" shall mean the description of the Project, as described in Schedule A hereto. PROJECT ADMINISTRATOR: The "Project Administrator" shall mean the individual designated by the City Manager who shall be the City's authorized representative to issue directives and notices on behalf of the City with respect to all matters concerning the Services of this Agreement (exclusive of those authorizations reserved to the City Manager or City Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project). PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the RFQ, together with all amendments or addenda thereto (if any), 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. Consultant's proposal in response to the RFQ is included for reference purposes only and shall not be incorporated as part of this Agreement, except with respect to Consultant's representations regarding the qualifications and experience of Consultant and its key personnel, its commitment to provide the key personnel listed therein, and its capability to perform and deliver the Services in accordance with this Agreement and consistent with the all representations made therein. SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A— Scope of Services Schedule A-1 ——Consultant Service Order&Compensation Schedule Schedule B—Consultant Compensation Schedule C—Hourly Billing Rate Schedule Schedule D—Construction Cost Budget Schedule E— Project Schedule SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described in Schedule "A" hereto. SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing, general consultant, financing, permitting fees and other similar costs, as determined by the City, that are not considered as direct costs for the construction of the Project. 7 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean the detailed estimate prepared by Consultant in Construction Standard Index (CSI) format or other format approved by the Project Administrator, which includes the Consultant's estimated total construction cost to the City of the Work for the Project (as established in the Contract Documents, as they may be amended from time to time). The Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each element of the Project and'include a breakdown of the fees, general conditions and construction contingency for the Project. Costs shall be adjusted to the projected bid date to take into account anticipated price escalation. WORK: "Work" shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and government:approvals, licenses, tests, quality assurance and/or quality control inspections and related certifications, surveys, studies, and other items, work and services that are necessary or appropriate for the total construction, installation, and functioning of the Project, together with all additional, collateral and incidental items, and work and services required for delivery of a completed, fully functional and functioning Project as set forth in the Contract Documents. ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services for the Project, as more particularly described in Schedule"A". 2.2 The Services will be commenced by the Consultant upon receipt of a written notice to proceed with any of the specific tasks identified in Schedule A ("Task") signed by the City Manager or the Project Administrator ("Notice to Proceed"). Consultant shall countersign the Notice to Proceed upon receipt and return the signed copy to the City. A separate Notice to Proceed issued by the Project Administrator shall be required prior to commencement of • each task (as same are set forth in Schedule "A" hereto). Consultant shall have no entitlement to perform (or be compensated for) the Services corresponding with any task under this Agreement, unless such task is authorized by a Notice to Proceed. 2.3 As it relates to the Services and the Project, Consultant warrants and represents to the City that it is knowledgeable of and shall comply with all Applicable Laws. The Consultant agrees to comply with all 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. 2.4 The Consultant warrants and represents to the City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of comparable projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws)to perform the Services. Consultant warrants and represents to the City that it is responsible for the technical accuracy of the Services (including, without limitation, the Design Documents contemplated in Schedule "A" hereto). Consultant further warrants and represents that the approved and permitted Construction Documents shall constitute a representation by Consultant to City that the Project, if constructed as required by the Contract Documents, will be fully functional, suitable and sufficient for its intended purposes. 8 2.5 The Consultant's Basic Services may consist of various tasks, including planning, design, bidding/award, preparation of a DCP, studies, construction administration, and Additional Services (as may be approved), all as further described in the Scope of Services; and shall also include any and all of Consultant's responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the Contract for Construction. 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: No action or omission by City shall waive or excuse Consultant's obligations under the Agreement and/or other Contract Documents and that Consultant shall remain fully liable for all work performed by Consultant including, without limitation, any design errors or omissions. Written decisions and/or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or any Subconsultants), for the accuracy and competency of the Design Documents and Construction Documents, nor shall any City approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect, error or omission in the Design Documents and the Construction Documents. Moreover, neither the City's inspection, review, approval or acceptance of, nor payment for, any Services required under the Agreement shall be construed to relieve the Consultant (or any Subconsultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant 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 to comply with the terms and conditions of the Agreement or by the Consultant's misconduct, unlawful acts, negligent acts, errors or omissions in,the performance of the Agreement. 2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this respect, the parties agree as follows: 2.7.1 Term: The term of this Agreement shall commence upon execution by the City and Consultant, which shall be the Effective Date referred to on page 1 hereof, and shall be in effect until all,Services are completed or all Services authorized under Notices to Proceed are completed and accepted, whichever is later. Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Scope of Services, including the time for completion of the work and/or services for the Project. 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Administrator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its Subconsultants, as well as other consultants, including, without limitation, City provided consultants (if any). 2.7.4 The Services shall be performed in a manner that shall conform to the Scope of Services. The Consultant may submit requests for an adjustment to the completion time 9 for the Scope of Services, if made necessary because of undue delays resulting from untimely review taken by the City (or authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Administrator with written notice stating the! reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Administrator may require), the Project Administrator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Administrator's approval (if granted) shall be in writing. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Administrator, Contractor, and any and all other individuals and/or firms that have been contracted, or otherwise retained, to perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement in a competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. 2.10 The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all Services required under the Agreement any Consultant Service Orders (including the services performed by Subconsultants), within the specified time period and specified cost. The Consultant shall perform the Services utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consultant with respect to the disciplines required for the performance of such Services in the State of Florida. The Consultant is responsible for, and shall represent to City that the Services conform to the City's requirements, the Contract Documents and all Applicable Laws. The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's Services, breaches of this Agreement, and/or negligent acts, errors and/or omissions in the performance of the Services, which damages may include the costs incurred by the City with respect to replacement or repair of any defective or non-conforming construction Work until (i) twelve (12) months following final acceptance of the Work, or (ii)the applicable statute of limitations period, whichever is later. 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 non- conforming and/or insufficient services which result from the Consultant's failure to perform in accordance with the above standards. The Project Administrator shall notify the Consultant, in writing, of any non-conforming and/or insufficient services and shall approve the method and timing of the corrections. 2.10.1 The Consultant shall be responsible for non-conforming and/or insufficient, defective services, and any resulting non-conforming, insufficient, and/or defective construction work re-performed within twelve (12) months following final acceptance and shall be subject to further re-performance, repair and replacement for twelve (12) months from the date of initial re-performance, not to exceed twenty-four months (24) from final acceptance. 2.11 The City shall have.the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to 10 verify, review, or consider any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project schedule. 2.11.1 The Consultant is advised that a 'performance evaluation of the Services rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a signed Notice to Proceed, a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or the Project Administrator. Replacement(including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Administrator). 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City Manager or the Project Administrator (which notice shall state the cause therefore), to promptly remove and replace a Project Manager, or any other personnel employed or otherwise retained by Consultant for the Project ( including, without limitation, any Subconsultants). 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 the Project Administrator, 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 Subconsultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services, as described in the Agreement and any Consultant Service Orders, 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 Schedule A and any Consultant Service Orders issued to Consultant by the City. If, during the course of performing work, services and/or tasks, Consultant determines that work 11 and/or services should be performed which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated, then Consultant shall promptly notify the Project Administrator, in writing, and shall obtain the Project Administrator's written consent before proceeding with such work and/or services. If Consultant proceeds with any such additional work and/or services without obtaining the prior written consent of the Project Administrator, said work and/or 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 Schedule A (whether or not specifically addressed in the Scope of Services). Mere notice by Consultant to the Project Administrator shall not constitute authorization or approval by the City to perform such work. Performance of any such work and/or services by Consultant without the prior written consent of the Project Administrator shall be undertaken at Consultant's sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records pertinent to the Services and shall provide the City, upon request, with copies of any • and all such documents and/or records. In addition, Consultant shall provide electronic document files to the City upon completion of the Project. 2.17 THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY WAY THE CONSULTANT'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER CONTRACT DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO THE CONSULTANT SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF CONSULTANT'S OBLIGATIONS, A WAIVER OF CONSULTANT'S OBLIGATIONS AND/OR EXCUSE ANY BREACH BY CONSULTANT OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONSULTANT'S OBLIGATIONS SHALL NOT PRECLUDE THE CITY FROM DECLARING CONSULTANT IN DEFAULT FOR CONSULTANT'S FAILURE TO PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN ANY WAY, THE CITY'S RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE CONSULTANT EXPRESSLY ACKNOWLEDGES AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT AND/OR OTHER PROCEEDING OF A SIMILAR NATURE, THE CITY'S PARTICIPATION, ASSISTANCE AND/OR FACILITATION IN THE PERFORMANCE OF CONSULTANT'S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION, ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES, OR OTHER MATTERS RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT DOCUMENTS,THIS SECTION SHALL GOVERN. 2.18 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance requirements. 2.19 SUBCONSULTANTS: All services provided by Subconsultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, 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 Subconsultants. 12 The Consultant shall not retain, add, or replace any Subconsultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. The Consultant shall cause the names of Subconsultants responsible for significant portions of the Services to be inserted on the plans and specifications. The Consultant shall be ultimately responsible for ensuring the Consultant's and all of its Subconsultants' compliance with the requirements of this Section and any other provision of the Agreement and/or Consultant Service Order. With respect to the performance of work by Subconsultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the Subconsultant's work. The Consultant shall, upon the request of the City, submit to the City such documentation and information as the City reasonably requests to evidence the creation, standing, ownership and professional licensure of the Consultant (and Subconsultants), including organizational documents, operating agreements and professional licensure documentation, and copies of the Consultant's contracts with the Subconsultant with respect to the Project. However, the City's failure to request such documentation or evidence and/or failure to enforce in any way the terms and provisions of this Section, the Agreement and/or any other Consultant Service Order during the Project does not excuse, waive and/or condone in any way any noncompliance of the requirements set forth therein including, without limitation, the professional licensure requirements. Any approval of a Subconsultant by the City shall in no way shift from the Consultant to City the responsibility for the quality and acceptability of the services performed by the Subconsultant. Payment of Subconsultants shall be the sole 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 Administrator, who shall be the City's authorized representative to act on City's behalf with respect to the City's responsibilities or matters requiring City's approval under the Contract Documents. The Project Administrator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. The Project Administrator shall have full authority to require the Consultant to comply with the Contract Documents, provided, however, that any failure of the Project Administrator to identify any noncompliance,• or to specifically direct or require compliance, shall in no way constitute a waiver of, or excuse, the Consultant's obligation to comply with the requirements of the Contract Documents. 3.2 The City shall make available to Consultant, for the convenience of the Consultant only, 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 and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or accuracy of.such information. The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that 13 - Consultant has satisfied itself as to the reliability of the information. 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 Subconsultants 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 Administrator, shall give prompt written notice thereof to the Consultant. 3.5 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. 3.6 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: 3.6.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.6.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be defined to also include sale of the majority of the stock of a corporate consultant. 3.6.3 Contract Amendments shall be approved in accordance with Contract Approval Authority Procedure 03.02 or as amended. 3.7 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the City's primary representative to whom administrative (proprietary) requests for decisions and approvals required hereunder by the City shall be made. Except where otherwise expressly noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations which may include, without limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the City by Consultant. 3.7.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements)and of any Subconsultants (and any replacements). 3.7.2 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. 3.7.3 At the request of Consultant, the City Manager shall be authorized, but not required, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant's compensation (or other budgets established by this Agreement) may not be increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. 3.7.4 The City Manager may approve Contract Amendments which do not exceed the 14 sum of one hundred thousand dollars ($100,000.00) (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. 3.7.5 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. 3.7.6 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 10 hereof). 3.8 The City's review, evaluation, or comment as to any documents prepared by or on behalf of the Consultant shall be solely for the purpose of the City's determining for its own satisfaction the suitability of the Project, or portions thereof, detailed in such documents for the purposes intended therefor by the City, and may not be relied upon in any way by the Consultant or any other third party as a substantive review thereof. ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The City has established a Construction Cost Budget for the Project, set forth in Schedule D. Consultant shall design the Project so that the Construction Cost Budget for the Project is not exceeded. As part of the Basic Services, Consultant shall design and/or re-design the Project to the Construction Cost Budget in accordance with this Article 4, making all revisions necessary to maintain the Construction Cost Budget. Consultant shall attend meetings with the City to review and discuss cost estimates, cost-saving alternatives, and implementation or revision of the Design Documents and Construction Documents to address such items, as necessary to meet the established budget parameters set forth in the City Construction Budget. 4.2. Consultant shall provide and/or update the Statement of Probable Construction Cost at each stage of completion of the Design Documents and at completion of the Construction Documents, unless otherwise specified in a written directive of the Project Administrator. 4.2.1. At completion of the conceptual design (at such stage of completion of the Design Documents as may be specified by the Project Administrator), Consultant shall provide' the City a Statement of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus fifteen percent (+/-15%) of the Construction Cost Budget. If at the foregoing stage of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than fifteen percent (15%), then the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform to the Consultant's estimated total costs in the Statement of Probable Construction Cost to within fifteen percent (15%) of the City's Construction Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall incorporate such modifications within the Design Documents as part of the Basic Services and at no additional cost to the City. 15 4.2.2. At the 30% and 60% completion of the Design Documents, Consultant shall update its Statement of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus ten percent (+/-10%) of the Construction Cost Budget If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform to the Consultant's estimated total costs in the Statement of Probable Construction Cost to within ten percent (10%) of the City's Construction Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall incorporate such modifications within the Design Documents as part of the Basic Services and at no additional cost to the City. 4.2.3. At the 90% stage completion of the Design Documents and at completion of the Construction Documents, Consultant shall update its Statement of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus five percent (+/-5%)'of the Construction Cost Budget. If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than five percent (5%), the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform to the Consultant's estimated total costs in the Statement of Probable Construction Cost to within five percent (5%) of;the City's Construction Budget. Upon obtaining the City's approval, Consultant shall promptly modify the Design Documents or Construction Documents within the time period specified by the Project Administrator (which time period for completion shall not exceed ninety (90) days from the date Consultant is notified to re-design), as part of the Basic Services and at no additional cost to the City. 4.2.4. To ensure that the Construction Cost shall not exceed the City's Construction Budget, each Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each element and include a breakdown of the fees, general conditions and a reasonable and appropriate construction contingency. 4.3. Consultant shall certify and warrant to the City that the Statement of Probable Construction Cost and any update thereto, represents Consultant's best judgment of the Construction Cost for the Project as an experienced design professional familiar with the construction industry, provided, however, that Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. 4.4 If the lowest and best Base Bid exceeds the Consultant's final updated Statement of Probable Cost by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant,' and the Consultant shall re-design the Project within the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce the Statement of Probable Construction Cost, and Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents) within the time period specified by the Project Administrator (which time period for completion shall not exceed ninety (90) days from the date Consultant is notified to re-design), and shall provide re-bidding services, as many times as may be reasonably requested by the City, as part of the Basic Services and at no additional cost to the City, in order to bring any 16 resulting, responsive and responsible bids within ten percent (10%) of the Consultant's final updated Statement of Probable Cost. 4.5. The Construction Cost Budget shall not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such Construction Cost Budget is exceeded, the City Commission may, at its sole and absolute discretion, terminate this Agreement (and the remaining Services)without any further liability to the City. 4.6. The City Commission may, at its sole and absolute discretion, and without relieving Consultant of its obligations under this Agreement to design the Project to the Construction Cost Budget as set forth in Sections 4.1 through 4.5 above, separately elect any of the following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any further liability to the City; (4) select as many deductive alternatives as may be necessary to bring the lowest and best bid within the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Administrator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; a lump sum negotiated at the time of the request for additional services or 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 amended Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Administrator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services include the following: 5.2.1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. 5.2.2. Unforeseen Conditions. Providing additional work relative to the Project which arises from subsequent circumstances and causes which could not reasonably have been foreseen at the time of execution of this Agreement (excluding conditions determined by all prior studies available to Consultant and excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.3. City-Requested Revisions to Construction Documents: Making revisions to Construction Documents resulting in or from City-requested changes in Scope of Work 17 involving new program elements, when such revisions are inconsistent with written approvals or instructions previously given by City and/or are due to causes beyond the control of Consultant. 5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or subpoena to appear and give testimony, preparing to serve or serving as an expert witness in connection with any state or federal court action to which the Consultant is not a party in its own name, that is not instituted by the Consultant or in which the performance of the Consultant is not in issue. 5.2.5 Procurement: Assistance in connection with bid protests, re-bidding, or re- negotiating contracts (except for Contract Document revisions and re-bidding services required under Section 4.4 hereof, which shall be provided at no additional cost to City). 5.2.6. Models: Preparing professional perspectives, models or renderings in addition to those provided for in this Agreement except insofar as these are otherwise useful or necessary to the Consultant in the provision of Basic Services. 5.2.7. Threshold Inspection/Material Testing and Inspection: Providing threshold inspection services and material testing/special inspection services, provided that Consultant, as part of the Basic Services, shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. 5.2.8 Pre-Design Surveys & Testing: Environmental investigations and site evaluations, provided, however, that surveys of the existing structure required to complete as-built documentation are not additional services. 5.2.9 Geotechnical engineering. Providing geotechnical engineering services or site surveys. 5.3 Additional services may be requested by the City using a Consultant Service Order (CSO). For each proposed Consultant Service Order, Consultant shall provide the City with a cost proposal on a lump sum or not-to-exceed basis, based on the fee schedule set forth in Schedule "A-1" hereto. Pursuant to, City of Miami Beach Procurement Ordinance, and Citywide Procedure 03.02. Except as specified herein, services that are required for completion of the Construction Documents shall be part of Consultant's Basic Services. ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses must be authorized, in advance, in writing, by the Project Administrator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Administrator (along with any supporting receipts, proof of payment by the Consultant, and other back-up material requested by the Project Administrator). 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." Reimbursable Expenses may include, but not be limited to, the following: • 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 Subconsultants, and courier, postage and 18 handling costs between the Consultant and its Subconsultants). • Costs for reproduction and preparation of graphics for community workshops. • Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the Project(i.e. City permit fees). Reimbursable Expenses and/or Contingency are allowance(s) set aside by the City and shall include actual expenditures (no markups allowed) made by the Consultant in the interest of the Project, provided such expenses are authorized in advance by the City. The Reimbursable Expenses and/or Contingency allowance(s), as specified herein, belongs to, and shall be controlled by the City (i.e unused portions will be retained by the City and shall not be paid to Consultant). Notwithstanding the above, any Reimbursable Expenses must be authorized, in advance, in writing, by the City Manager or corresponding Department's Director. Invoices or vouchers for Reimbursable Expenses shall be submitted to the corresponding Department's Director (along with any supporting receipts and other back-up material required to support the amount invoiced, and as requested by the corresponding Department's Director). 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." Only actual amounts incurred and paid (requiring proof of payment) by the Consultant shall be invoiced, without any markups and/or additions. ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Lump Sum" fee for provision of the Services, excluding reimbursable allowances and/or contingency, for the Project shall be $747,589.00, as more fully delineated in Schedule B hereto. The: City has set a reimbursable allowance in an amount no to exceed $37,379.45, for a total Contract Value of $784,968.45 (Base bid of $747,589.00 plus Contingency of$37,379.45). 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Administrator. Payments shall be made,in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted work. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project and the total estimated fee to completion. 7.3 Approved Additional Services shall be compensated in accordance with the hourly billing rates set forth in Schedule "C," attached hereto. Any request for payment of Additional Services shall be included with a Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub-contracted or not). 7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to the "Not to Exceed" Reimbursable allowance amount set forth in Schedule B or in the applicable Consultant Service Order. 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. 19 7.5 ESCALATION: During the Term of this Agreement, the City Manager, at his sole discretion, may consider an adjustment to the hourly rates set forth in Schedule C. Any such adjustments, if any, shall be based on a corresponding increase in the Consumer Price Index for All Urban Consumers; U.S. City average (1982-84=100), as established by the United States Bureau of Labor Statistics ("CPI"), or material adjustments to the scope or requirements of the RFQ by the City, including (but not limited to) living wage increases, provided, however, that in no event shall any annual increase exceed three percent (3%). In the event that the City determines that the requested increase is unsubstantiated, the Consultant agrees to perform all duties at the current cost terms. 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Administrator 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 Subconsultant 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 Administrator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses(by category). ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its Subconsultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in its native electronic form, 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 Administrator in their native electronic form 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 20 advance and in writing, In'addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re-use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's initial written default notice). Upon payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant. 21 } 10.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Administrator any and all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience,without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Administrator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Administrator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents(for delivery to the Project Administrator). ARTICLE 11. INSURANCE 11.1 The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the agreement. A. Workers' Compensation Insurance for all employees of the Cosultant as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Consultant be exempt from this Statute, the Consultant and each employee shall hold the City harmless from any injury incurred during performance of the Agreement. The exempt consultant shall also submit (i) a written statement 22 detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the cosultant's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation —Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Conultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by • the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. 23 CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 4668— ECM#35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeachriskworks.com Special Risks or Circumstances -The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. J • ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 To the fullest extent permitted by Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. The Consultant shall pay all claims and losses in connection therewith and shall investigate all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. • 12.2 - The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contsultant, 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 Subconsultants and/or any registered professionals (architects and/or engineers) under this Agreement). ARTICLE 13. ERRORS AND OMISSIONS 13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes categorized by the City as caused by an error, an omission, or any combination thereof in the Contract Documents that were prepared by the Consultant will constitute an additional cost to 24 the City that would not have been incurred without the error. The damages to the City for errors, omissions or any combinations thereof shall be calculated as the total cost of any damages or incremental costs to the City resulting out of the errors or omissions by the Consultant, including, without limitation, the direct, indirect and/or consequential damages resulting from the Consultant's errors and/or omissions or any combination thereof. Damages shall include delay damages caused by the error, omission, or any combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination thereof, the Consultant may appeal this determination, in writing, to the applicable Assistant City Manager. The Project Administrator's decision on all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of the Project Administrator, the Consultant shall present any such objections, in writing, to the City Manager. The Project Administrator and the Consultant shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above administrative remedies have been exhausted. ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the total amount of compensation/fees due to Consultant for all Services under this Agreement, less any amount(s) actually paid by City to the Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action for breach of contract to be limited to the total amount of compensation/fees due to Consultant for all Services under this Agreement, less any amount(s) actually paid by City to the Consultant hereunder. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement, in an amount in excess of the total amount of compensation/fees due to Consultant for all Services under this Agreement, which amount shall be reduced by any amount(s) actually paid by the City to Consultant hereunder. Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes. ARTICLE 15. NOTICE All written notices given to.City by Consultant shall be addressed to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Jimmy L. Morales, City Manager With a copy to: 25 City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Eric T. Carpenter, Assistant City Manager All written notices given to:the Consultant from the City shall be addressed to: Calvin, Giordano &Associates 1800 Eller Drive, Suite 600 Fort Lauderdale, FI 33316 Attn: Gianno Feoli,,ASLA Ph: 954.921.7781 GFeoWCGAsolutions.com All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS.AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY 'CRIMES ACT: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or 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 26 16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this subsection, City shall have the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise recover) the full amount of such fee, commission, percentage, gift, or consideration. 16.5 LAWS AND REGULATIONS: 16.5.1 The Consultant shall, during the Term of this Agreement, be governed by all Applicable Laws which may have a bearing on the Services involved in the Project. 16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and Subconsultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 16.5.2.2 The Consultant and its Subconsultants agree in writing that the Project documents are to be kept and maintained in a secure location. 16.5.2.3 Each set of the Project documents are to be numbered and the whereabouts of the documents shall be tracked at all times. 16.5.2.4 A log is developed to track each set of documents logging in the date, time, and name of the individual(s) that work on or view the documents. 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, 27 and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its Subconsultants. Compliance with this subsection shall not be construed to relieve the Consultant from any liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. 16.7 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 Subconsultants, subject to the prior written approval of the City Manager. 16.8 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.9 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, Subconsultants, and other purchased services, etc., as necessary to complete said Services. 16.10 INTENT OF AGREEMENT: 16.10.1 The intent of the Agreement is for the Consultant to provide design and other services, and to include all necessary items for the proper completion of such services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.10.2 This Agreement is for the benefit of the parties only and it does not grant rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement. 16.10.3 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. 16.11 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, 28 . 1 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. ARTICLE 17 ' INSPECTOR GENERAL AUDIT RIGHTS 1. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 2. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 3. Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records'and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 4. The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates; or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 29 5. The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment'under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. 6. The provisions in this section shall apply to the Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this contract. 7. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. ARTICLE 18 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida • Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data,processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall 30 destroy any duplicate-public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3) avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Consultant unlawfully,refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(a�MIAMIBEACHFL.GOV PHONE: 305-673-7411 31 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 OF MIAMI BEACH: Air .....- CITY CLERK MAYOR JAN 1 4 2021 January 11 , 2021 Date. Date. APPROVED AS TO .0 ,, FORM 4t, LANGUAGE ...F-\.....'' .. .,,,),,,, A FOR EXECUTION g • 0 tsrst.,p,a, \ ....; (I -- — I,ICORPTOVIED Or 0 -2 1 • 1(0.,:, _i ........- ,,,;?4..'f-r?..:,:.'•:;'' COY AtiarnrY 71,-.7 Date lig Attest CALVIN, GIORDANO&ASSOCIATES, INC. i / >k, "liff ignature/SecretaryI. ' SignatureMresident—U tc e. ?4&16*- i ! h iY1 -1 '-. --, L/ .,-- - 4 i L ') nyi c G icirci a kicl Print Name , Print Name (;-\\ ii )1 C,C1/--.7 i 1 i 672 I Date. i Date. i 7) \,,,,,,,m,„,,,---..-1,„ 1.1UMK11 i.,', „,A>'''. C0170;.,i,,:•o,1 'G2S21 Fasi,',ii:INte 21,2G2:1 , •";.:•r:".f- 1 I .1'4 ijet Insvalbe aiX/a5-701g; 32 SCHEDULE A SCOPE OF WORK CGA is pleased to provide this proposal for Staff review and comment. We have developed this scope of work considering the sequence of events best-suited to achieving the objectives of the project. We recognize, however, that because of the importance and complexity of this project, this sequencing may need to be revised on an as-needed basis to address any unexpected situation or simply to be flexible enough to address un-planned issues. CGA has a commitment to assist the City in completing this project; as such, minor deviations in the workflow approach and hours allocations, provided they do not require wholesale changes or efforts to achieve, will be accommodated by the CGA Team. Additionally,in an effort to be truly transparent and to facilitate in any potential re-shifting of work tasks or priorities that the City sees fit, we have provided an hourly breakdown by task and by personnel type,which has been affixed to the end of this document. The following Scope of Services is proposed by Calvin, Giordano &Associates, Inc. (CGA) as requested by the City of Miami Beach for the Lummus Park improvements project.This proposal,when executed, shall be incorporated in and become an integral part of the Agreement for professional services between the City and CGA, hereafter referred to as the Agreement. BACKGROUND The City of Miami Beach, through the issuance of Solicitation No. 2020-119-ND, solicited responses to a Request for Qualifications from interested parties to compete for the provision of professional design services to complete a list of improvements being requested. These were described in the Request for Qualifications as generally belonging to two distinct components to the scope of work: • Improvements to Lummus Park consistent with the scope of work outlined in the voter-approved GOB program,and • A master plan for current and future improvements to Lummus Park Specific to the improvements outlined within the GOB program,the City has provided the following: • Description extracted from GUMBinfo.com: • Beautify the park with green landscaping and new trees;improve the park navigation with a new crushed-shell walking path and added wayfinding signage; expand and upgrade the park irrigation system to include wireless connectivity, rain sensors and flow meters;renovate and expand restroom facilities. • G. O. Bond Budget: $4,737,000 • Spent(as of 08/2020):$9,576 • Note: Landscape improvements, provided they are landward of the Erosion Control Line, do not require a CCCL permit to be issued by FDEP; however,they shall require a Tree Work Permit to be issued by the City's Urban Forestry Department • During the non-mandatory pre-bid meeting for the aforementioned solicitation, City Staff clarified that renovations and expansions to restroom facilities are not included in the scope of work for this project.This scope of work proposal reflects that direction from City Staff. • During the solicitation period, the response to Addendum 2, Question 22, stated that "No lighting enhancements will be implemented with the allotted GO Bond budget."This scope of work proposal reflects that direction from City Staff. 33 Specific to the master plan component for the project, the City has provided the following in the solicitation advertisement: • The City seeks to develop and design a master plan for Lummus Park that provides a cohesive long- term vision ,that addresses the immediate needs identified in the general obligation bond project description and additional enhancements to be developed during visioning process with residents, administration, elected officials, and other stakeholders. Different options for implementation and funding will be developed during this process. • The guiding principle is topreserve the historic character of the park while improving spaces and modernizing infrastructure to accommodate the current and future needs of residents, City operations, and special events while highlighting the City's position as a leader in resiliency and environmental sustainability efforts. • The specific goals Of the project include: • Development of a master plan that implements the requirements of the G.O. Bond program and delivers a roadmap for future improvements to the facility. The awarded firm will develop three (3) site plans tailored to different price points established by the City. • The master plan, as well as any subsequent design or construction documents,shall incorporate the following: • Improvements incorporating best management practices for landscaping by using the Florida-Friendly Landscaping Guide to Plant Selection and Landscape Design. (City of Miami Beach Ordinance No.2016-3993) • Creative landscaping improvements to create durable, low maintenance spaces capable of withstanding heavy foot traffic. Using design and materials to improve pedestrian flow. • Constructing new walkways and wayfinding signage to improve pedestrian flow throughout the park using materials consistent with existing materials on-site such as crushed shell. • Addition of new trees to enhance tree canopy to provide shade to leisure areas while highlighting local flora and fauna. • Complete renovation of the park irrigation system to improve coverage. Using the latest water management technology and design methods to minimize water use. This includes wireless connectivity, water management software, rain sensors, flow meters, and site weather conditions. Incorporating a design that allows for customization, selective irrigation, and reducing watering duration. • Improving park infrastructure to accommodate large events including, but not limited to,staging,electrical,hardscape,and sanitation support. • Hardscape improvements to minimize the impact of events on landscaping conditions. • Hardscape and infrastructure improvements to activate key entry points in north, central, and south sections of the park to be used as gathering spaces for community activities, arts, culture,and leisure. • Addition of recognizable public art installation that engages passersby and becomes synonymous with Miami Beach. • Accommodating passive and active programming harmoniously throughout the year. Increase functionality by making programming alternations to 34 minimize disruption to recreational amenities during the setup and breakdown of events. This includes creating an alternative and/or additional site for sand volleyball courts. • Develop site plan for additional playgrounds/kid zones and replacement of existing playground featuring signature elements. • Enhancing park electrical infrastructure for holiday and year-round lighting displays. • Provide recommendations for future project to upgrade lighting system with "sea turtle friendly" lighting options consistent with City of Miami Beach Ordinance 2006-3525 and Florida Administrative Code—Model Lighting Ordinance for Marine Turtle Protection and Florida Fish and Wildlife Conservation Commission Turtle Nesting Provisions.All new lighting systems must also adhere by these standards. • Compliance with the following Ordinances: • Art in Public Places(AiPP)Ordinance(Ordinance No.95-2985), • Sustainability and Resiliency Ordinance No.2016-3993, • Urban Heat Island Ordinance, Ordinance No.2019-4252, • Resolution 2017-29748: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Incorporating Best Management Practices for Landscaping by Including the Use of the Florida-Friendly Landscaping Guide to Plant Selection and Landscape Design When Redeveloping City Parks and City-Owned Land, • Sea Turtle Ordinance 2006-3525, and Florida Administrative Code — Model Lighting Ordinance for Marine Turtle Protection and Florida Fish and Wildlife Conservation Commission Turtle Nesting Provisions. • [CGA's Addition] City of Miami Beach Urban Forestry Master Plan • Work with various City departments to ensure needs are met with proposed changes. The selected consultant shall reference and include best design practices to address future sea- level rise, the City's storm water management program, and the City's strategy to increase resiliency through the use of blue and green infrastructure. Based on the above, CGA submitted a response package that included design vision ideas of the potential that the design team saw in the project. It was an "idea-gathering" exercise and, as such, it was loosely guided by the considerations listed above. These were guided solely by the list provided within the issued RFP and did not have the benefit of feedback and comment from any of the City Staff or from comments received through a Public Outreach process. The objective of the inclusion of said design visions was solely to demonstrate CGA's capabilities to deliver a project and to posit potential design considerations that the City might consider.As such,the vision ideas included in the RFP response shall not, be deemed or misconstrued as a completed design, as the proper coordination with City Staff and the necessary technicians has not occurred. We acknowledge that this contract essentially includes two different processes:the first is to satisfy the voter-approved commitments as stated in the GO Bond program and the second is to generate a compelling master plan for the long-term development of the park. We also acknowledge that there is an urgency to satisfy the needs of the scope of work components in the GO Bond program within the timeframe allocate&for such improvements. As stated in the GO Bond program, GOB #8 stipulates the following: • Planning efforts to be delivered within 151 calendar days (108 working days) 35 • Design and Permitting to be delivered within 549 calendar days, and (393 working days) • Construction to be delivered within 272 calendar days(195 working days) - This arrangement (of investing money in immediate improvements and simultaneously developing a long-term vision plan that could potentially undo some of those current GOB investments) could be, if not appropriately planned,serve only to'put the cart before the horse.' CGA makes a commitment to the City to attempt to salvage as much of the GOB investments in Lummus Park and to try to roll those into the ultimate master plan design for the park, but recognizes that depending on the extent of the design improvements developed through the master planning process these may not be salvages in their entirety. PROPOSAL ORGANIZATION • To facilitate its understanding, we have structured this proposal to address each of the projects separately, GO Bond vs Master Plan, where merited. Each component hereon is referred to as a "Phase." Included in each Phase are the essential and necessary tasks to complete the desired work.Tasks are broken down and organized into separate 'task categories,' organized in a task-format and sequenced to illustrate the workflow upon which they will be executed. All services excluded from this contract are provided at the end of the document.The'task categories' are: PHASE 1.0 PARK VISIONING AND MASTER PLANNING SERVICES These include shared services between the GO Bond and Master Plan scope components that have been consolidated to achieve cost efficiencies. 1. General Services — Services needed to administer the project and deliver it to the client. These include general project management services, Quality Assurance and Quality Controls processes,coordinating with sub-consultants,etc. 2. Foundation Data-Collection — Collecting all necessary background and foundational data needed to provide the services and generate a design. 3. Master Plan Conceptual Design — Working closely with City Staff (specifically those responsible for steering and guiding the design and development decisions) to develop a conceptual plan that identifies the size, location and metrics of the many components that need to be included. 4. Stakeholder Comment and Public Engagement Process—Attending 5. City Commission Approval Milestone PHASE 1.1 MASTER PLAN PRICE-POINT OPTIONS LAYOUT PLANS 1. Preparation of Preliminary Layout Plans for Targeted Price-Point Plan Version A — Developing the technical layout plans consistent with the requests of the REQ. 2. Preparation of Preliminary Layout Plans for Targeted Price-Point Plan Version B—Developing the technical layout plans consistent with the requests of the RFQ. 3. Preparation of Preliminary Layout Plans for Targeted Price-Point Plan Version C—Developing the technical layout plans consistent with the requests of the REQ. 4. Layout Plans Approval and Incorporation—Obtaining the necessary approvals for the layout plans from City Parks Staff and incorporating the final layout plans into the final document. 36 PHASE 2.1 GO BOND IMPROVEMENTS 1. Schematic Design Phase — Development of construction plans and detailing to a level of completion consistent with a 30% completion of the final construction plans. CGA will develop the schematic design under Staff direction to the point that it meets the criteria for approval and adoption by the City Commission 2. Design Development Phase— Development of construction plans and detailing to a level of completion consistent beyond 30% up to a 90% completion of the final construction plans. This phase will require the sign-off and approval at both the 60%and 90%completion levels by the City Manager,the City Engineer,the City's Project Manager and/or any other steering member. Sign-off will serve to memorialize consistency with the design intent as presented to and approved by City Commission in both the Concept Plan and Site Plan approval processes. 3. Biddable Documents Preparation Phase—Development of construction plans, construction detailing, and specifications beyond the 90%completion level to 100%completion level and the preparation of technical specifications, where needed, to provide to the City in preparation of the City's bidding process. 4. Bidding and Awarding Services Phase 5. Construction Engineering Inspection/Construction Administration Services PHASE 1.0: PARK VISIONING AND MASTER PLANNING SERVICES GENERAL SERVICES • Task 1:Project Management • CGA shall provide project management and project coordination services throughout the design and permitting process.The time and effort investment to achieve this is applied as a 4%mark-up cost of the final overall fee total.This will include: • the development of a communications plan, • the development and management of a project work plan • the development and management of a project work schedule • coordination of the design team and included sub-consultants, • identification and coordination of permitting, • bi-weekly coordination of design disciplines and subconsultants, • 13i-weekly review and update of schedule, • phased review and coordination with City Staff towards adherence of design to construction budget, • bi-weekly review and coordination with City Staff towards adherence of design to the City of Miami Beach's directives,and • weekly coordination interactions with the City of Miami Beach Staff. • Providing prompt resolutions of issues which may arise during the design and/or permitting process. • Addressing internal-review comments from City Staff at key staff review opportunities provided and detailed herein. The basis of scope for addressing comments from City Staff is based on the assumption that the City's Project Manager will be responsible for,consolidating all comments from all departments into a single excel document, determining the validity and application of the comment, vetting and determining if the comment needs to be brought to the attention of CGA, and providing,a direction on to what degree to incorporate the comment. CGA will not 37 be responsible for addressing comments that are provided piece-meal or which have not been vetted by the City's Project Manager with a directive for incorporation/exclusion from the plans. • Status updates shall be submitted to the City at key milestones, indicating percent complete for each task. • For all meetings included in this Agreement and detailed in this scope, CGA will prepare agendas,attend and prepare meeting minutes for distribution. • Task 2:Quality Assurance/Quality Control (QA/QC) • CGA shall provide extensive quality assurance and quality control practices to ensure that plans account for potential constructability issues, conflicts between design solutions,by disciplines, and that omissions are reasonably eliminated. The time and effort investment to achieve this is detailed in each task where it will be performed. These services may include: • Peer-review of the entire set of plans at each phased submittal for each department and sub-consultant, • Constructability review by in-house,or third-party out-of-house professional. • Task 3: Bi-weekly°Progress Meetings • CGA will conduct bi-weekly progress meetings via teleconferencing platform, such as Zoom, to; review the status, progress and look-ahead of the project. Bi-weekly progress meetings are intended to be short and brief, with a focus on quickly identifying immediate needs of the project and serving as an opportunity to solicit clarification or directives from the City on specific relevant topics. These bi-weekly progress meetings are estimated at 30 minutes for each meeting. FOUNDATION DATA-COLLECTION • Task 1:Project Kick-off Meeting • Prior to and in preparation for the kick-off meeting, the CGA Project Manager will conduct up to three (3) brief 30-minute meeting with the City's Project Manager to develop a work plan for the project,which will be communicated to the entire team at the kick-off meeting. • The CGA project team will attend one (1) kick-off meeting with the appropriate City representatives to introduce key team members to the City staff and review available planning and reference documents defining the project scope as outlined in the RFP solicitation document. Preliminary project goals, objectives, project reporting, decision- making processes, workflow, schedule, budget, and quality control will be discussed. The City will provide a list of any agencies having jurisdiction or for which special processes need to be met, outside of those already known to the CGA team for known permitting processes. • The project kick-off meeting will be conducted via a Zoom meeting. City Staff to coordinate City Staff availability; CGA to provide Zoom meeting information. The scope willlinclude: • Preparation a digital presentation outlining all the information • Conducting a group meeting via teleconferencing media. • Moderating discussions among the various attendees. 38 • Task 2:Survey • CGA will conduct a Topographic and Route Survey for approximately 50 acres of park, dune, right-of-way improvements within the City-owned park site and the length of Ocean Drive, and 50 acres of beach areas for a total surface area to be surveyed of approximately 100 acres. Because this project is subject to obtaining a CCCL Permit, the surveying scope shall meet the area and criteria requirements determined by the permitting agency having jurisdiction.The limits of the survey will be defined as: • Northern limit: 150 linear feet north of the centerline of 14th Place • Southern limit:200 linear feet south of the centerline of 5th Street • Western limit:the western(landward)boundary of the Ocean Drive Right-of-Way • Eastern limit:the low water line of the Atlantic Ocean • Beyond these limits: The survey shall locate the Coastal Construction Control Line (CCCL), Erosion Control Line (ECL),and all FDEP-related benchmarks. • Data Gathering • Obtain and review all public records documents as to rights-of-way, property ownership, platted easements, etc., as necessary to define the right-of-way limits of each roadway corridor. • Obtain, review and field recover any National Geodetic Survey(NGS), Florida Department of Transportation (FDOT), or Miami-Dade County Engineering Department horizontal and vertical survey control within and/or adjacent to the project limits. • Topographic Boundary Survey • Prepare a geometrically precise base map referenced to Florida State Plane Coordinates (East Zone NAD 83/90) with all right-of-way lines, lot lines, platted easements,and all lot, block,and recorded plat information. • Obtain cross section topographic information at a maximum of fifty(50)foot intervals between longitudinal and cross-sectional points together with any grade.breaks, swales, mounds or other definitive elevation change within th'e project limits. All survey data shall be referenced vertically to North American Vertical Datum of 1988 (NAVD88) and horizontally to North American Datum 83/90(NAD 83/90). • Locate all above-ground improvements within the survey limits, with horizontal locations and vertical elevations being provided for such items as edge-of-pavement,sidewalks, driveways access points, curb cuts, buildings, park equipment, dune vegetated areas, walls and fences, lighting, security cameras,and visible aboveground utilities. Visible aboveground utilities refer to, the visible structures (e.g., manholes, valve boxes, inlets, risers, etc.), typically associated with storm drainage, sanitary sewer, potable water, electric,gas,telephone and cable television. • Review required, applicable criteria to be incorporated from review of existing as-builts information, if applicable. • Survey of existing storm drainage and sanitary sewer systems shall include measurements for pipe sizes, type of material, bottom of structure, 39 direction of flow, and invert elevations for any accessible manholes of storm and sewer manholes, inlets within the project limits. Any pipes surveyed • within the survey limits shall follow the pipe to the next structure to obtain the downstream invert. • Prepare a Map of Survey signed and sealed by a Professional Surveyor & Mapper registered in the State of Florida. The survey will be prepared in accordance with the standards as set forth by Chapter 5J-17 of the Florida Administrative Code, pursuant to Florida Statues Chapter 472.027. • Obtain and incorporate utility markings as researched through the Utility coordination and Sub-surface Investigation tasks detailed elsewhere in this proposal. • Tree Survey • The CGA team will map the areas of existing native and non-native vegetation within the proposed project area for use in the landscaping design and to evaluate areas of exotic vegetation that will be required to be removed, as well as potential environmental impacts of the project.All trees greater than a 2-inch diameter at breast height (per Sec.46-56 of the Miami Beach Code)within the project limits will be located. Information pertaining to tree type, height, canopy spread, and tree diameter will be documented per tree. • The tree survey will provide the Botanical and Common name within the project limits. The survey table will include these descriptions with the information noted above. • Arborist Reports • CGA understands that it is a goal of the City to reduce the number of Coconut Palm Trees currently located in Lummus Park, which will require an Arborist Evaluation and documentation consistent with the City's Landscape Code for each Coconut Palm and tree being impacted. Our understanding of these objectives is intended to: • Reduce the liability concerns of coconuts falling and injuring park users; • Reduce the cost of maintenance that the Coconut Palms require;and • Replace many of the Coconut Palms with shade trees to provide greater shade and increase the City's use of the urban forest to contribute to stormwater management. • Tree evaluations by in-house Certified Arborists will provide final determinations on the conditions of each tree, determine their survivability to potential relocation, and determine possible mitigation requirements if each if identified for removal. • CGA will prepare an arborist report for all existing trees and palms located within the park area.These include, at the time of drafting this contract,the presence of over 796 palm trees and over 30 trees that will need to be evaluated to prepare the report. • Task 3: Utility Inventory and Investigation • This task shall provide information on the construction plans meeting Subsurface 40 Utility Engineering Quality Levels as described by ASCE "Standard Guidelines for Depiction and Collection of Existing Subsurface Utility Data". Data Acquisition is limited to available records and soft digs as noted below. • Utility Coordination • Create an 811 Design Ticket. • Submit Initial Utility Request Letters to applicable utility owners. • Create a utility matrix for tracking all utility coordination, responses and confirmation information. • Log and input utility information into AutoCAD. • The CITY will provide drainage,water, and sewer as-builts. • Submit Confirmation Letters to applicable utility owners. • Follow up responses and confirmation from the applicable utility owners. • Subsurface Utility Engineering(SUE)will be provided in the Design Development Phase,where applicable. • Conduct coordination with FPL,Atlantic Broadband, Comcast and AT&T for the impacts to any utility lines being impacted by any design proposal. • Task 4: Design-relevant Data Collection,Ordinance Review,and Review of Available Information • Review existing,available information relative to parks programming and needs. • Review applicable codes and ordinances to be reflected in the design. • Impacting both the Master Plan and the GO Bond Phases: • Art in Public Places(AiPP)Ordinance (Ordinance No.95-2985), • Sustainability and Resiliency Ordinance No. 2016-3993, • Urban Heat Island Ordinance,Ordinance No. 2019-4252, • Resolution 2017-29748:A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Incorporating Best Management Practices for Landscaping by Including the Use of the Florida-Friendly Landscaping Guide to Plant Selection and Landscape Design When Redeveloping City Parks and City-Owned Land, • Sea Turtle Ordinance 2006-3525, and Florida Administrative Code — Model Lighting Ordinance for Marine Turtle Protection and Florida Fish and Wildlife Conservation Commission Turtle Nesting Provisions. • City of Miami Beach Urban Forestry Master Plan. • Miami Beach Green Infrastructure Master Plan — Limited to the latest draft of the document at the time of issuance of the Notice to Proceed for this contract; currently under development under the steering of the Public Works Department • Review of Events Programming Study- Limited to the latest draft of the document at the time of issuance of the Notice to Proceed for this contract; currently under development under the steering of the City • Economic Development Study — Currently under preparation by a consultant to the City. Limited to the latest draft of the document at the time of issuance of the Notice to Proceed for this contract. • Collection of City constructability and branding election standards, such as standard 41 site detailing across all city improvements, furnishings, amenities, signage and standard policies, including a review and evaluation of the applicability of current Public Works standard construction details. • Review of existing contract pricing and review, in concert with City Staff, internal procurement processes that may have an impact on the eventual cost of the project and opportunities for cost-savings. • Review of existing drainage, utility, and well permits related to the park property. • Review of any historical utility and drainage information from City staff. • Task 5:Existing Irrigation System Evaluation • This task has been eliminated at the request of City Staff, under the premise that the existing irrigation system will be replaced in its entirety. • Task 6: Final Base-map Development • After all site reconnaissance work has been completed, CGA will prepare a final base-map by compiling the Topographic Survey and Tree Survey to illustrate the visible existing conditions and topographic contours within the project limits. The final base-map will become the basis for the development of the project. • Task 7:Conference with City Staff on Final Findings • The CGA team will schedule and attend one (1) digital conference meeting with City Staff to review existing conditions, identify potential design opportunities 'and , challenges, and document/discuss relevant features/areas of interest. It is desired that all relevant City Departments will partake in this conference; City Staff to coordinate the meeting, including identifying key individuals, key departments, coordinating availability, and scheduling. CGA will provide the meeting link. MASTER PLAN CONCEPTUAL DESIGN • Task 1:Development of Design Brief Memorandum • The Design Brief Memorandum will serve to memorialize all directives obtained from City Staff, any directive received by City Commission (via City Staff), comments obtained via public outreach, and general findings of all foundation research. The Design Brief will serve as the Design Criteria to guide the process for developing designs. • Task 2:Site Utilization and Programming Strategy • CGA will prepare the necessary diagrams to convey up to three (3) alternatives for Site Utilization and Use Strategies. These explorations will look at general component placement, their use and programming relationships, and will serve to highlight constructability questions about the site design and potential operational considerations that may need to be clarified. It is expected that the Site Utilization and Programming Strategy be reviewed and approved by City Staff, especially those Departments or Staff that will be responsible for the operational component of the park and those coordinating potential uses in the park that extend beyond simple park programming events. • The Team (City and CGA) will arrive at a single, consolidated strategy upon which to further develop the visioning and conceptual design for the park. 42 • Task 3: Development of Draft Conceptual Design • CGA, together with the City's Project Manager and any applicable sub-consultants, will develop preliminary design for the selected Site Utilization and Programming Strategy. The preliminary conceptual design will be represented with preliminary design documents that will include diagrams, plans, sections and details to illustrate overall vision, character and materials to further communicate the iconic vision for the project.The preliminary conceptual design will be peer-reviewed by intersecting disciplines to ensure that the general approaches to site design are achievable, or that any critical condition is daylighted in order to solicit further direction from the City. • Preparation of the Design and Implementation Manual - CGA will prepare a master plan report and manual that expresses the vision and future plans for the park.This Manual will need to be highly-detailed in order to guarantee that future phases of implementation can be achieved and delivered consistent with the commitments made to the community and the City Commission during the approvals process.This Manual will be a graphic document and formatted to 11x17 to include: • Introduction, Mission and Design Objectives • Documentation of Public Outreach and Adoption Process • Contextual Strategies for Urban Integration and Other City-initiatives • Interface and with Ocean Drive Future Improvements • Urban Connectivity Strategies o Ocean Drive—Lincoln Road Art-walk Promenade Connector o Beachwalk System integration o Park Accessibility • Overall Park Design Vision • Design and Layout • Spatial Organization • Design Elements of Historical Significance • Activating the Park, Programming and Use Standards • Event Space Layouts and Coordination Standards • Safety and Security Standards o Design Components CPTED-specific Standards o City-FWC Coordinated Turtle-friendly Lighting Design Guidelines ■ Note: The development of these design guidelines will require extensive coordination between the City's Police Department, Environment and Sustainability Department, Parks and Recreation Department, and staff from the Florida Fish and Wildlife Conservation Commission. • Resiliency and Sustainability Design Components and Standards • Low-impact Drainage and Green Infrastructure Standards • Cultural and Branding Elements Implementation Standards • Custom and Ready-made Furnishings Palette and Standards • Paving and Hardscape Materials Palette and Standards • Signage and Wayfinding Standards 43 • Planting Palette and Standards • Lighting Palette and Standards • Public Works Detail-variants and Specific Park Construction Standards • Overall Cost Estimate • Design Implementation Variants - Specific to this task for the master plan visioning process, CGA will develop, as required in the RFP, three (3) schematic site plans tailored to different price points established by the City. The three (3) schematic site plans will each be variations of the overall conceptual master plan, each with component elections to target their corresponding price-points. These will be included in a Master Plan Implementation Manual that will guide the implementation of future phases of the park improvements. (This phase is limited to a menu of options and their associated costs for each alternate.Once approved by City Commission, CGA will develop and detail these further into their respective layout plans. Please refer to Phase 1.1 Master Plan Price-Point Options Layout Plans where the development of these are further detailed.): • Targeted price-point A: Plan Components Matrix and Cost Estimate • Targeted price-point B: Plan Components Matrix and Cost Estimate • Targeted price-point C: Plan Components Matrix and Cost Estimate • CGA will conduct a design review of the preliminary conceptual design with the City's Project Manager via an interactive teleconferencing meeting to present the plan and solicit feedback from City Staff. • The City's,Project Manager will provide a consolidated list of attendee comments to be incorporated into the revision of the documents. CGA will review and incorporate input received from the City as a basis for developing a revision to the Preliminary Conceptual Design Documents. • In compliance with the specific directives of the GO Bond improvements for the project,the preliminary conceptual plan may address the following: • Making recommendations to landscape improvement to the park's existing planting structure, including the possible replacement or relocation of existing trees or palms; • Making recommendations on how to incorporate the new "crushed-shell walking path"as specifically identified within the GO Bond;and • Making recommendations for wayfinding signage design concepts and their distribution throughout the park; • The preliminary conceptual design will be peer-reviewed by CGA's in-house intersecting disciplines to ensure that the general approaches to site design are achievable, or that any critical condition is daylighted in order to solicit further direction from the City. • CGA will conduct a follow-up design review of the preliminary conceptual design with the City's Project Manager via an interactive teleconferencing meeting to present the draft plan and solicit acceptance from City Staff. • CGA will incorporate comments from the City's Project manager and prepare a final iteration of the preliminary conceptual design to be circulated among the various City Departments and Stakeholders. • The City will circulate the draft report and solicit feedback and comments in written form from the various City Departments and Stakeholders. It is anticipated that the 44 time period for review and comment collection will be 3 weeks. • Upon receipt of all the comments, the City's Project Manager will provide a consolidated list of Client comments to be incorporated into the final conceptual design documents, ordered from most-to least-critical. CGA will provide responses to all comments received from the City. • CGA will meet with the City's Project Manager to review all the comments and determine strategies for incorporation and to determine necessary revisions to the concepts., Minor revisions to the draft are anticipated and included; this scope excludes wholesale revisions to the plans, especially those triggered by comments generated by City Staff or Stakeholders who elected to not participate in the opportunities to provide feedback, direction and comment during the Foundation Services tasks of this contract. • CGA will incorporate the input received from the City as a basis for developing the final iteration of the Conceptual Design Documents that will be used for the public outreach process. A revised draft of the master plan will be produced and titled Draft Conceptual Master Plan. STAKEHOLDER COMMENT AND PUBLIC ENGAGEMENT PROCESS PHASE • Task 1:City Committee Presentations and Feedback Solicitation • CGA will attend and present the Draft Conceptual Master Plan to the following City Committee stakeholders at one of their regularly scheduled meetings to solicit feedback and input. This task is based on the presentation of the staff-approved Draft Conceptual Master Plan without revisions between stakeholder meetings. City Commission Committee Meetings are estimated at 3-hours each, and all other committee presentations are estimated at 2-hours each. The committees included are: • City Commission's Land Use and SustainabilityCommittee • City Commission's Neighborhood and Quality of Life Committee • Arts in Public Places Committee • Mayor's Panel on Ocean Drive • Parks and Recreational Facilities Board • South Beach Business Association • Sustainability Committee • Two(2)as-needed additional public meetings are included,at the City's discretion. • Task 2:Public Outreach Video • In light of the current COVID pandemic and the limitations this poses to public gatherings, CGA will prepare a video presentation outlining the design components included the Draft Conceptual Master Plan for distribution by the City's Public Information Staff.The video will utilize readily-available graphics already created for the Stakeholder Comment and Public Engagement Process; new graphics or animations will not be included. The video will have a minimum duration of 3-minutes and will be narrated either by a speaker or a voice-over. To accompany the video, CGA will prepare an online survey to serve as a platform to collect resident comments and feedback. CGA will work closely with the City's Communications Staff 45 to ensure that all necessary City-branding elements are included and that file formatting is consistent with City standards for media use. • Task 3: Public Outreach Meetings—Limited to 2 meetings total. • CGA will attend and present the Draft Conceptual Master Plan to two (2) public meetings with residents and stakeholders at a time and location to be coordinated and determined by City Staff. This task is based on the presentation of the staff-approved Draft Conceptual Master Plan without revisions between stakeholder meetings. • Task 4:Conference with City Staff Following Public Outreach Meeting • The CGA team will confer with City Staff to review all comments received from the Stakeholder Comment and Public Engagement Process, with a focus on City Staff making a determination on which comments to incorporate and how they should be factored-in. • Task 5: Revisions to the Conceptual Design to Address Public Outreach Comments • The CGA design team will incorporate the directives obtained from City Staff in addressing necessary edits to reflect the comments received from the Stakeholder Comment and Public Engagement Process. • Task 6: Historic Preservation Board—Review and Approval • The CGA team will coordinate with City staff to prepare a presentation to the Historic Preservation Board (HPB), focused on the aforementioned improvements. The presentation will include the preparation of graphic materials and renderings necessary to convey the proposed improvements to the Board. • Because this is a park improvement project, this proposal assumes that a Traffic Study shall not be required as a part of the HPB process. If a Traffic Study is required, then this contract shall be amended to include that at an additional expense to the City. • Services included for the HPB process includes: • Attending a meeting with the Development Review Committee (DRC)or with Planning Staff for a pre-application meeting,whichever shall apply; • Issuance of a preliminary package for review and comment by all City Staff Disciplines; • Addressing comments generated by the review process; 46 • Upon receipt of the Notice to Proceed from the Planning Department that the item will be placed on a forthcoming HPB agenda, City Staff will prepare and provide all mailing labels necessary for the required notifications; • CGA will prepare a digital presentation for delivery at the scheduled HPB meeting; and • CGA will attend and participate in the HPB meeting when the item is being heard. • This scope of work assumes that the expenses in preparing all hardcopy printing materials and fees shall be covered through the City reimbursable expenses allocation to this project. • This scope of work is limited to processing a review through the HPB process only once. Any additional requirements or needs for further processing through HPB shall be subject to an additional services amendment to the contract. CITY COMMISSION APPROVAL MILESTONE • Task 1:Plan Revisions • CGA will further refine and develop the final conceptual design documents in preparation for submission to the City Commission for formal adoption of the conceptual plan at a regularly scheduled meeting. • Task 2:City Commission Presentation • CGA will attend a City Commission meeting, present the Conceptual Design package, highlight the feedback obtain ed from the stakeholders and the public and how those were incorporated into the plan, and answer any questions that the City Commissioners may have. • The objective of the presentation is to solicit and obtain a resolution of the City Commission formally approving and adopting the plan as it is presented. If the City Commission requests additional revisions or provides a different design direction than that obtained and vetted through the Stakeholder Comment and Public Engagement Process, then any re-design to develop new plans for resubmission to City Commission (or any additional committees) and any incidental efforts shall be performed under an additional services amendment to the contract. • Task 3: Sign-off • At the completion of the Conceptual Design Phase,the City shall be required to issue a Notice to Proceed to advance to the Schematic Design Phase. PHASE 1.1: MASTER PLAN PRICE-POINT OPTIONS LAYOUT PLANS PREPARATION OF THREE(3)PRELIMINARY LAYOUT PLANS FOR TARGETED PRICE-POINT PLANS • Task 1: Price-point Version A Layout Plans Preparation • CGA will prepare and develop one (1) set of layout plans incorporating the various components identified for the targeted price-point as approved by City Commission in the adopted Conceptual Master Plan. The layout plans will convey the components and extents of improvements included for that option. The plans will incorporate existing conditions and basic design elements including decorative details for the pathways and vegetation. The layout plans will graphically convey the engineering and landscape architectural design and formatted as 11x17 plans sheets for inclusion in the appendix of the adopted Conceptual Master Plan.This layout plans set will be comprised of Technical 47 Base Drawings developed up to a maximum level of detail consistent with 20% plans and will be limited to: • o G-Sheets(General) ■ Cover, Index,Standard Abbreviations and General Notes o V-Sheets (Existing Conditions) ■ Topographical Survey o D-Sheets (Demolition Work) ■ Site Demolition Notes and Plans ■ Tree and Palm Disposition Notes ■ Tree and Palm Disposition Layout Plans ■ Receptor Layout Plans o SP-Sheets (Site Work) ■ Layout Notes ■ Layout Plans o C-Sheets (Civil Plans) ■ Civil Notes ■ Conceptual Drainage Layout Plans ■ Conceptual Signing and Pavement Marking Layout Plans ■ Conceptual Water Layout Plans o SD-Sheets(Site Details) ■ Site Furnishings Palette Illustrative Board ■ Site Material and Finishes Palette Illustrative Board o L-Sheets (Landscape Planting) ■ Landscape General Notes ■ Planting Layout Plans o E-Sheets (Electrical Plans) ■ Electrical Engineering Notes and Schedules ■ Luminaire Layout Plans o W-Sheets(Wayfinding) ■ Signage Layout Plans o Preparation of Cost Estimate • Task 2: Price-point Version B Layout Plans Preparation • CGA will prepare and develop one (1) set of layout plans incorporating the various components identified for the targeted price-point as approved by City Commission in the adopted Conceptual Master Plan. The layout plans will convey the components and extents of improvements included for that option. The plans will incorporate existing conditions and basic design elements including decorative details for the pathways and vegetation. The layout plans will graphically convey the engineering and landscape architectural design and formatted as 11x17 plans sheets for inclusion in the appendix of the adopted Conceptual Master Plan.This layout plans set will be comprised of Technical Base Drawings developed up to a maximum level of detail consistent with 20% plans and will be limited to: o G-Sheets (General) ■ Cover, Index,Standard Abbreviations and General Notes o V-Sheets (Existing Conditions) ■ Topographical Survey o D-Sheets (Demolition Work) ■ Site Demolition Notes and Plans ■ Tree and Palm Disposition Notes ■ Tree and Palm Disposition Layout Plans ■ Receptor Layout Plans 48 o SP-Sheets(Site Work) ■ Layout Notes ■ Layout Plans o C-Sheets (Civil Plans) ■ Civil Notes ■ Conceptual Drainage Layout Plans ■ Conceptual Signing and Pavement Marking Layout Plans ■ Conceptual Water Layout Plans o SD-Sheets(Site Details) ■ Site Furnishings Palette Illustrative Board ■ Site Material and Finishes Palette Illustrative Board o L-Sheets (Landscape Planting) ■ Landscape General Notes ■ Planting Layout Plans o E-Sheets(Electrical Plans) ■ Electrical Engineering Notes and Schedules ■ Luminaire Layout Plans o W-Sheets(Wayfinding) ■ Signage Layout Plans o Preparation of Cost Estimate • Task 3:Price-point Version C Layout Plans Preparation • CGA will prepare and develop one (1) set of layout plans incorporating the various components identified for the targeted price-point as approved by City Commission in the adopted Conceptual Master Plan. The layout plans will convey the components and extents of improvements included for that option. The plans will incorporate existing conditions and basic design elements including decorative details for the pathways and vegetation. The layout plans will graphically convey the engineering and landscape architectural design and formatted as 11x17 plans sheets for inclusion in the appendix of the adopted Conceptual Master Plan.This layout plans set will be comprised of Technical Base Drawings developed up to a maximum level of detail consistent with 20% plans and will be limited to: o G-Sheets (General) ■ Cover, Index,Standard Abbreviations and General Notes o V-Sheets (Existing Conditions) ■ Topographical Survey o D-Sheets(Demolition Work) ■ Site Demolition Notes and Plans ■ Tree and Palm Disposition Notes ■ Tree and Palm Disposition Layout Plans ■ Receptor Layout Plans o SP-Sheets (Site Work) ■ Layout Notes ■ Layout Plans o C-Sheets (Civil Plans) ■ Civil Notes ■ Conceptual Drainage Layout Plans ■ Conceptual Signing and Pavement Marking Layout Plans ■ Conceptual Water Layout Plans o SD-Sheets(Site Details) ■ Site Furnishings Palette Illustrative Board ■ Site Material and Finishes Palette Illustrative Board 49 o L-Sheets(Landscape Planting) • Landscape General Notes , • Planting Layout Plans o E-Sheets (Electrical Plans) • Electrical Engineering Notes and Schedules • Luminaire Layout Plans o W-Sheets (Wayfinding) • Signage Layout Plans o Preparation of Cost Estimate LAYOUT PLANS APPROVAL AND INCORPORATION • Task 1:Submission of all three Layout Plans Versions for Parks Staff Review and Comment • CGA will submit the preliminary layout plans package to the City's Project Manager for review and comment by the Parks and Recreation Department's Staff via.PDF via a downloadable link. It is anticipated that the City will provide comments within a reasonable timeframe. • The City's Project Manager will provide a consolidated list of Parks Staff comments to be incorporated into the final layout plans. CGA will review and incorporate input received from the Parks Staff as a basis for finalizing the documents. • CGA shall not be required to provide formal responses to comments generated during the layout plans review. • CGA will meet with the City's Project Manager to review the consolidated comments and to determine what needs to be included accordingly. • Task 2:Finalization of the LAYOUT PLANS VERSIONS • CGA will conduct one(1)round of revisions to incorporate edits to the layout plans based on conversations with the City's Project Manager for a final approval. • Task 3:Acceptance Sign-off • At the completion of the layout revisions,the City shall be required to issue an acceptance letter of layout plans documents. • Upon receipt of the acceptance letter,CGA will re-issue the Conceptual Master Plan with the three(3) layout options included in the final document as Appendices. PHASE 2.0: GO BOND IMPROVEMENTS SCOPE OF WORK COMPONENTS RECAP: • Beautify the park with green landscaping and new trees; • Note: Landscape improvements, provided they are landward of the Erosion Control Line, do not require a CCCL permit to be issued by FDEP; however, they shall require a Tree Work Permit to be issued by the City's Urban Forestry Department • Improve the park navigation with a new crushed-shell walking path and added wayfinding signage; • Expand and upgrade the park irrigation system to include wireless connectivity,rain sensors and flow meters; • CGA's assumptions and basis of scope of work: • Because this is being funded through the City's GO Bond program, this scope of work is based on the understanding that review and approval from Florida Department of Transportation or any other Agency providing grant funding is not necessary and 50 therefore shall be explicitly excluded from this scope of work. Any revisions to this requirement shall also require an amendment to the contact for additional services. SCHEMATIC DESIGN • Task 1: Post-Approval and Design Directive Meeting • CGA will meet with City Staff via an interactive teleconferencing meeting to review any specific request or comment issued by the City Commission during the approval process of the conceptual design. This is especially critical if the Commissioners deem the conceptual plan in compliance subject to stated conditions or modifications. CGA will seek to obtain directives from City Staff on how they would like to proceed addressing any requests made by Commission. • Task 2:Pre-Application Meetings with Permitting Agencies • CGA staff will develop a list of anticipated permits that will be needed for review by City Staff. • 'Once finalized, CGA will contact the various agencies on that list and begin any possible pre-application meetings and/or calls to obtain clarity on processes and to introduce the agencies to the proposed improvements in an effort to solicit feedback on potential permitting challenges and methods for resolution/facilitation. • Task 3:Geotechnical Engineering Analysis(via Sub-consultant) • Perform up to sixteen (16)Standard Penetration Test(SPT) borings to a depth of 10 feet at locations specified by the CGA project manager. • Perform up to three (3) borings for foundation recommendations. • Perform up to six(6)open-hole exfiltration tests in general accordance with South Florida Water Management District (SFWMD) specifications to a depth of six feet each to determine the hydraulic conductivity(k values)of the soils. • Perform up to twelve (12) double-ring infiltrometer tests (six-hour test duration or stabilization)to analyze the drainage capabilities of the existing soils to facilitate retention areas. • Prepare a Geotechnical Report including a description of the findings, general site preparation, and foundation support design recommendations for support of the proposed construction. • Task 4: Development of Schematic Design Plans(30%-level Development of Construction Plans) • CGA will develop one (1) preliminary 30% construction plans submission package for City Staff Review, including illustrative plans, sections, elevations, typical details, sketches, renderings and relevant technical memos incorporating client, community and stakeholder comments received and taking into account overall impact, cost, project budget, and other relevant considerations. The 30% construction plans submission package will illustrate plan view of the improvements. Minor drainage design (slopes, swales, etc. but no drainage structures or underground piping) will be completed as appropriate for the improvements. Electrical and water utility connection will be based on the existing power source on-site and the proposed implementation. The plans will incorporate existing conditions and basic design elements including decorative details for the pathways and vegetation. The 30% preliminary plans will graphically convey the engineering and landscape architectural design and be formatted for a logical sequence of construction.This submission will include: • Technical Base Drawings: CGA will coordinate the site layout with the survey drawings and establish a set df technical base plans, each developed to a 30%- 51 level of completion for the project,composed of: • G-Sheets (General) • Cover, Index,Standard Abbreviations and General Notes • V-Sheets(Existing Conditions) • Topographical Survey • D-Sheets(Demolition Work) • Site Demolition Notes and Plans • Tree and Palm Disposition Notes and Plans • SP-Sheets(Site Work) • Schedules, Design, Materials) • C-Sheets (Civil Plans) • Civil Notes • Grading Plans - preliminary engineering drawings to include a schematic grading plan depicting the general direction of surface water flow • Water Plans — schematic layout for coordination purposes to ensure water source connectivity for the irrigation system • SD-Sheets (Site Detailing) • Site Material and Finishes Palette Illustrative Board • L-Sheets(Landscape Planting) • Landscape General Notes • Tree and Palm Receptor Notes, Plans and Schedules • Proposed Planting Plans - planting plan with general location of planting shown to demonstrate no conflicts with existing or proposed infrastructure. No plant size,species, etc.are required to be shown. • E-Sheets(Electrical Site Plans) • Electrical Engineering Notes and Schedules • Electrical Service Plans only as needed for the irrigation system • IR-Sheets (Irrigation Plans) • Preliminary water use demands: Estimates on flow requirements and existing pressure (assistance with a pressure test may be required). It is anticipated that the reuse system existing on site will be utilized as the water source. • Connectivity and product selections: Determination of proposed or existing point of connections for water and electrical sources. • Plans will show general alignment of irrigation mainline. No specific zones, risers or spray heads to be included at the 30% plans level. • W-Sheets(Wayfinding) • Signage Design and Layouts • 30% Cost Estimate: CGA will prepare a cost estimate identifying elements, quantities breakdown and opinion of market costs for each, reflecting unit costs for components at the time that it is drafted. The cost estimate will include a 30% contingency add-on. • 30%Quality Assurance/Quality Control peer-review. • CGA will submit the preliminary schematic design submission package to the City's Project Manager for review and comment by the City. CGA will submit a complete set of all 30% plans to City Staff for review and comment relative to compliance with City Standards. The plan set will be submitted digitally, sized at 24"x36" sheets,via a downloadable link. 52 It is anticipated that the City will provide comments within a reasonable timeframe. • The City's Project Manager will provide a consolidated list of City comments to be incorporated into the final schematic design documents. These shall be provided as a single, completed collection of inter-departmental comments and shall not be provided in a piecemeal format. Once received, CGA will review and incorporate input received from the City as a basis for developing the final schematic design documents. Any additional comments received after the fact shall require an extension to any agreed- upon timeframe to address the comments received. • CGA to provide responses to comments generated by the City. • CGA will meet with the City Project Manager to review the consolidated comments and to determine any further action that may need to be taken,where merited. • Task 5:Final Schematic Design and Site Plan Approval Milestone • CGA and any applicable sub-consultants will further refine and develop the final schematic design documents in preparation for submission to City Staff for a final approval. • Task 6: Sign-off • At the completion of the Schematic Design Phase, the City shall be required to issue a Notice to Proceed to advance to the Design Development Phase. DESIGN DEVELOPMENT • Task 1:Development of 60%Design Development Plans • CGA will incorporate comments and agreed-upon resolutions from the City's review of the schematic design 30% plans. A subsequent submittal of the design plans will be made to the City at the 60%-level of completion. It is anticipated that the review comments from the 30% level drawings will be minor in nature, directed towards the advancement of the adopted design and not requesting wholesale design changes,as the latter would require an Additional Services Agreement. The drawings will be prepared with industry-accepted guidelines to produce construction drawings on 24"x36"sheets at appropriate scales.This submission will include: • Technical Base Drawings: CGA will coordinate the site layout with the survey drawings and establish a set of technical base plans, each developed to a 60%-level of completion for the project,composed of: • G-Sheets(General) • Cover,-Index, Standard Abbreviations, Project Map, Revision Log and General Notes • V-Sheets(Existing Conditions) • Topographical Survey • D-Sheets (Demolition Work) • Site Demolition Notes and Plans • Tree and Palm Preservation Notes,Schedules,and Plans • Tree and Palm Disposition Notes and Plans • SP-Sheets (Site Work) • Site Plans(Notes,Schedules, Design, Materials,Dimensions) • C-Sheets (Civil Plans) • Civil Notes • Grading Plans • Storm Water Pollution Prevention Plans • Civil Engineering Details and Sections • Water Plans and Profiles only as needed for the irrigation system 53 • Water Details only as needed for the irrigation system • SD-Sheets (Site Details) • Overall Site Sections • Detailed Site Sections • Paving and Edging Details • Enlargement Plans • L-Sheets (Landscape Planting) • Landscape General Notes • Tree and Palm Receptor Notes, Plans and Schedules • Proposed Planting Plans • Typical Planting Details • E-Sheets(Electrical Site Plans) • Electrical Engineering Notes and Schedules • Electrical Engineering Plans only as needed for the irrigation system • Electrical Engineering Details only as needed for the irrigation system • IR-Sheets (Irrigation Plans) • Irrigation Plan will include head layout, drip areas outline and mainline location in addition to P.O.C. (Points of connection for water) • W-Sheets (Wayfinding) • Signage Design and Layouts • 60% Cost Estimate: CGA will prepare a cost estimateidentifying elements, quantities breakdown and opinion of market costs for each, reflecting unit costs for components at the time that it is drafted.The cost estimate will include a 20%contingency add-on. • 60%Quality Assurance/Quality Control peer-review and constructability review. • Technical Specifications: CGA will prepare a preliminary technical specification package in the Construction Specifications Institute (CSI) format for the Divisions 2-16 specifications required for the construction plans.The City will be responsible for all"up- front" bid package documents such as General Conditions, Construction Contracts, and Division 1 Specifications,etc. • CGA will submit the preliminary schematic design submission package to the City's Project Manager for review and comment by the City. CGA will submit a complete set of all 60% plans to City Staff for review and comment relative to compliance with City Standards. The plan set will be submitted digitally,sized at 24x36"sheets,via a downloadable link. It is anticipated that the,City will provide comments within a reasonable timeframe. • The City's Project Manager will provide a consolidated list of City comments to be incorporated into the final schematic design documents. These shall be provided as a single, completed collection of inter-departmental comments and shall not be provided in a piecemeal format. Once received, CGA will review and incorporate input received from the City as a basis for developing the final 90% design documents. Any additional comments received after the fact shall require an extension to any agreed-upon timeframe to address the comments received. • CGA to provide responses to comments generated by the City. • CGA will meet with the City Project Manager to review the consolidated comments and to determine any further action that may need to be taken,where merited. • Task 2:Sub-surface Investigation(via Sub-consultant) • Subsurface Utility Engineering(SUE) • It is anticipated during engineering design that if additional water connections need to be provided for the irrigation system, then there will be a need for subsurface utility location of underground lines pertaining to electric, gas, telephone, cable tv, and fiber op'tic to ensure there are no conflicts. 54 • Up to 10 utility potholes are included to be performed by US Utility Potholing & Air Excavation. An Additional Services Agreement (ASA) shall be required if additional soft digs are required. Surveying services will identify and stake proposed soft dig locations and as-built soft dig locations with measure down distances and other pertinent as-built utility information as identified by subsurface utility locations. • Perform a site visit to verify results of the utility subsurface investigation. • Add and properly annotate field verified utility information into AutoCAD. • Task 3: Preliminary Permitting • Provided that the plans will not have substantive changes, CGA, where possible, will commence the permitting process with any Agency Having Jurisdiction (AHJ)that do not require plans developed to 100%completion. • Task 4:Development of 90%Design Development Plans • CGA will incorporate.comments and agreed-upon resolutions from the City's review of the 60% plans. It is anticipated that the review comments from the 60% level drawings will be minor in nature, directed towards the refinement of the plans and not requesting wholesale design changes, as the latter would require an Additional Services Agreement.The drawings will be prepared with industry-accepted guidelines to produce construction drawings on 24"x36"sheets at appropriate scales.This submission will include: • Technical Base Drawings: CGA will coordinate the site layout with the survey drawings and establish a set of technical base plans, each developed to a 90%-level of completion for the project,composed of: • G-Sheets(General) • Cover, Index, Standard Abbreviations, Project Map, Revision Log and General Notes • V-Sheets (Existing Conditions) • Topographical Survey • D-Sheets(Demolition Work) • Site Demolition Notes and Plans • Tree and Palm Preservation Notes,Schedules,and Plans • Tree and Palm Disposition Notes and Plans • SP-Sheets (Site Work) • Site Plans(Notes,Schedules, Design, Materials,Dimensions) • C-Sheets(Civil Plans) • Civil Notes • Grading Plans • Storm Water Pollution Prevention Plans • Civil Engineering Details and Sections • Water Plans and Profiles only as needed for the irrigation system • Water Details only as needed for the irrigation system • SD-Sheets (Site Details) • Overall Site Sections • Detailed Site Sections • Paving and Edging Details ▪ Enlargement Plans • L-Sheets (Landscape Planting) • Landscape General Notes • Tree and Palm Receptor Notes, Plans and Schedules • Proposed Planting Plans 55 • Typical Planting Details • E-Sheets (Electrical Site Plans) • Electrical Engineering Notes and Schedules • Electrical Engineering Plans only as needed for the irrigation system • Electrical Engineering Details only as needed for the irrigation system • IR-Sheets (Irrigation Plans) • Irrigation Notes and Schedules • Irrigation zones shall be determined, plans will now include valve locations and lateral pipes in each zone, including pipe sizing. • W-Sheets(Wayfinding) • Signage Design and Layouts • 90% Cost Estimate: CGA will prepare a cost estimate identifying elements, quantities breakdown and opinion of market costs for each, reflecting unit costs for components at the time that it is drafted.The cost estimate will include a 10%contingency add-on. • 90%Quality Assurance/Quality Control peer-review and constructability review. • Technical Specifications: CGA will further develop and refine the technical specification package in the Construction Specifications Institute (CSI) format for the, Divisions 2-16 specifications required for the construction plans. The City will be responsible for all "up- front" bid package documents such as General Conditions, Construction Contracts, and Division 1 Specifications,etc. • CGA will submit the preliminary schematic design submission package to the City's Project Manager for review and comment by the City. CGA will submit a complete set of all 90%plans to City Staff for review and comment relative to compliance with City Standards.The plan set will be submitted digitally, sized at 24x36" sheets, via a downloadable link. It is anticipated that the City will provide comments within a reasonable timeframe. • The City's Project Manager will provide a consolidated list 'of City comments to be incorporated into the final schematic design documents.These shall be provided as a single, completed collection of inter-departmental comments and shall not be provided in a piecemeal format. Once received, CGA will review and incorporate input received from the City as a basis for developing the final 100% design documents. Any additional comments received after the fact shall require an extension to any agreed-upon timeframe to address the comments received. • CGA to provide responses to comments generated by the City. • CGA will meet with the City Project Manager to review the consolidated comments and to determine any further action that may need to be taken,where merited. • Task 5: Final Permitting • CGA will conduct and finalize the necessary permitting processes with any Agency Having Jurisdiction (AHJ) in order to secure permits for the project. • Task 6: Sign-off • At the completion of the Design Development Phase, the City shall be required to issue a Notice to Proceed to advance to the Final Bid Construction Documents Phase FINAL BID CONSTRUCTION DOCUMENTS • Task 1:100%Construction Drawings • CGA will incorporate comments and agreed-upon resolutions from the City's review of the 90%construction drawings and the comments from the review meeting into the final 100% construction drawings. It is anticipated that comments or directives for revisions will be completed and the scope to develop the design drawings shall be considered 56 finalized.Any additional or subsequent submittals of the design plans shall be made under a separate additional services agreement. The drawings will be prepared with industry- accepted guidelines to produce construction drawings on 24"x36" sheets at appropriate scales. Final 100%Construction Drawings will be sealed by Florida Registered Landscape Architect or a Professional Engineer, as appropriate. Survey for permitting, signed and sealed by a Florida Registered Surveyor,will also be provided. • Final Cost of Opinion: The opinion of probable construction cost will be finalized and submitted with the final submittal package, including a 15%contingency allocation. • Final Technical Specifications:The CGA Team will finalize the Technical Specifications to reflect construction and installation specifications for all planned components, particularly with an attention to criteria necessary to address. The City will be responsible for all "up-front" bid package documents such as General Conditions, Construction Contracts, and Division 1 Specifications,etc. • Task 2: Building Department Dry-Run • Submit the plans and application to building department for a "dry run" preliminary review. • City to assist with plan review routing • Attend a"one-stop" meeting to review all comments with the City building department reviewers. • Address all comments and make one(1) resubmittal in order to obtain building department approval. • Task 3:Provide Bid Documents to include • Final building department approved plans and specifications to the City for advertisement. Bid Package to include One (1) 24" x 36" set of plans signed & sealed, one (1)Technical Specifications Documents. • Final Cost Estimate • Geotechnical Report • Arborist Report • All applicable permits. • Provide a downloadable link containing PDFs of the plans,technical specifications, reports,and the permits. • Task 4: Sign-off • At the completion of the Final Bid Construction Documents Phase,the City shall be required to issue an acceptance letter to finalize this phase. BIDDING AND AWARDING SERVICES • Task 1:Project Bidding • CGA will prepare a bid form with unit quantities and documentation for inclusion with the bid package as directed and approved by the City of Miami Beach.Permits for the project will be included in the appendices of the package. The City will be responsible for all document reproduction services and for advertising of the bid packages 57 • • Task 2:Attend the Pre-Bid Meeting • CGA will assist in and attend one (1) pre-bid meeting with the City and contractor(s) and respond to any formal pre-bid questions. The meeting is to be conducted by the purchasing department(Procurement). • Prepare meeting minutes of the pre-bid meeting. • Task 3: Respond to any Request for Clarifications during Bidding • Prepare and maintain pre-bid RFI/addenda log and respond to the City's Project Manager regarding prospective bidder RFI(s)and addenda, as needed during the bid process. • Task 4:Assist in Bid Evaluation • Assist the City with the evaluation of the costs provided by up to three(3)contractor bids and prepare a letter of bid review to the City's PM regarding the contractor's submitted costs. CONSTRUCTION ENGINEERING INSPECTION/CONSTRUCTION ADMINISTRATION SERVICES • Task 1:Services during Construction • The services during construction outlined herein anticipate a construction period not to exceed those stipulated in the GO Bond #8 project description as 272 calendar days or (195 working days). This proposal is based on the understanding that the construction will be performed within that timeframe as a multi-phased project and with the understanding that all park improvements will be constructed simultaneously under a single contract with a single contractor.Any modification of this assumption will require a revision to the anticipated scope and fees needed to accommodate any changes in the construction approach to the project. • Special requirements pertinent to materials testing, EEO and DEB compliance verifications,and compliance with Davis-Bacon Act requirements are not included as part of CGA's services and shall be provided through an additional services agreement if required. • In the event that,through no fault of the Consultant,Construction Administration services are required to be extended,the extension shall be subject to prior City approval and that shall be at the City's sole discretion. CGA agrees to extend said services under the approval of an additional services agreement for the duration required to complete the Project. • Task 2:Pre-Construction Conference • CGA will attend and participate in one (1) pre-construction conference with government agencies and contractor/sub-contractors, and shall assist the'City with meeting minutes preparation and distribution. • Task 3:Construction Phasing Plan Review • CGA will review and comment on Contractor-drafted construction phasing plan and the equivalent of a pedestrian-scale "maintenance of traffic" to ensure continual use of the park, where feasible. Review and Comment on Contractor-drafted construction scheduling should be carefully drafted to not impact socio-cultural events and seasonal, natural events. 58 • Task 4:Construction Site Inspections • CGA will conduct weekly inspections in part to observe compliance with plans and specifications, and shall provide a copy of observation reports to the City. CGA will conduct interim inspections for substantial and final completion. Based on the GO Bond 195 working days' construction period (equaling approximately 39 weeks), these are anticipated to be limited to 12 hours per week,three times a week (total of 468 hours) for a Site Inspector and 8 hours per week,twice a week(total of 312 hours)for a Senior Inspector. • Routine / daily inspections shall be performed by the City of Miami Beach's Capital Improvement Projects Inspector, who shall provide observation reports to CGA on a weekly basis. • Professional Landscape Architect Site Observations: A CGA Landscape Architectural team member will conduct routine visits to the site to determine if the work is being performed in accordance with the construction documents. It is anticipated that these visits will not exceed a total of 27 hours. • Professional Engineer Site Observations: A CGA Professional Engineer(s) will conduct routine visits to the site to determine if the work is being performed in accordance with the construction documents. It is anticipated that these visits will not exceed a total of 12 hours. • Task 5: Review of Drawings,As-Builts and Construction-Related Documents • CGA will review, approve and process all pay requests and perform relevant inspections to determine, in general,if the work has been completed in conformance with the intent of the Contract Documents. Where direct observation of components have not been observed by CGA Staff, CGA will rely on the accuracy of field notes, logs and documentation collected and provided by the City's construction inspectors. • CGA will conduct final reviews of as-built and record drawings as prepared and submitted by contractor/sub-contractor.This is limited to two (2) reviews for each type of as-built. Additional as-built reviews beyond the number identified may require an additional fees agreement. • CGA will issue interpretations and clarifications of the Contract Documents,and evaluate requested deviations from the approved design or specifications. In connection therewith, CGA will review, prepare and process any work change directives or change orders requested by the Contractor or City. • CGA will review and process shop drawings,samples and other data which the Contractor is required to submit. • CGA will review and process all contractor-issued closeout packages. • Task 6:Project Team Meetings • In addition to those meetings specifically noted within other phases of this agreement, the CGA design team will attend up to six(6) local meetings with City Staff, project team members, and/or other stakeholders to present/discuss elements of the proposed Project.These meetings are estimated to be an average of two (2) hours each. • CGA will conduct bi-weekly construction progress meetings with the Contractor and appropriate regulatory agencies as necessary for consultation or conferences in regard to the construction of the project. Meetings minutes shall be prepared and distributed. Meetings to the held either virtually or on-site depending on the specific needs or 59 targeted items for discussion. • Task 7: Final Walk-Through • The CGA Project Team will perform one (1) Substantial Completion and one (1) Final Inspection site walk through with the Contractor and governmental agencies. • CGA will prepare a punch list of the findings and comments issued at the Substantial Completion and Final Inspection walk-through(s) and conduct their follow-up services to ensure that contractor addresses all comments/items. • Task 8: Final Certification • CGA Staff shall prepare final certification documentation (as supplied by the Contractor) required of permitting agencies upon completion of construction of the project. • Subsequent to completion of construction, CGA will schedule and attend two (2) on-site Final Inspection Conference with the City,FWC, DEP Field Representative and Contractor, as required by the Special Permit Conditions outlined in the Final Order. If any project elements are not in compliance with the DEP permit and additional coordination and/or meetings are required,these services will be provided under a separate scope. • Task 9: Post-Completion Services • Landscape Staff to conduct one (1) follow up site visit 10-months after the substantial completion date to observe plantings' conditions. CGA shall',forward a report of our findings to City so the City can determine and Contractor's warranty obligations. ASSUMPTIONS AND EXCLUSIONS • Assumptions • The only services included in this contract are those identifies above. No other Services are includedin this contract. • No offsite improvements, beyond those needed to provide vehicular access,are included in this scope. • It is assumed that the existing offsite water, sewer, and drainage systems can accommodate the proposed park improvements therefore no upsizing of existing offsite utilities is included in this scope. No sanitary sewer lift stations are included. • CGA assumes no responsibility for the accuracy of the information provided by the City, County or other entities at the behest of the City. • CGA will include proportional mark-ups, expressed as contingencies, in the provision of all cost estimates. Fluctuations in market costs for unit values will occur and are expected. Where fluctuations in unit costs for labor,materials or components exceed a 10%increase for any direct or indirect reason beyond CGA's control,they shall not constitute grounds for requiring a redesign at CGA's expense. • This proposal assumes that Lummus Park has been adequately platted and that additional platting services are not needed to complete/permit the project's improvements. If platting services are needed, these shall be performed under an Additional Services amendment to the contract. • Exclusions • Environmental services associated with or related to the existing well-field or coordinating with the City's environmental consultant. • Coordination through FDOT's electronic review process or obtaining FDOT permits. • Coordination or processing through any agency other than the City for funding purposes. • Presentation'materials beyond those listed in the scope. CGA will prepare presentation 60 materials for required approvals and will share work-in-progress with the Client during project coordination meetings. • Meetings and presentations beyond those listed in the scope. • Physical models or 3d models. • Professional Renderings or Animations beyond those included in the detailed scope. • Operations and Maintenance Planning,other than those included as part of project Close- out. • Art and programing planning and curation. • Security design and consulting. • Waterproofing engineering. • Construction As-built drawing preparation. Consultant to review As-built drawings prepared by others (generally these are prepared by the contractor for review for accuracy by the City or the City's representative) • Design mock-ups Consultant to review and approve design mockups by others if conducted. • Client initiated changes necessitated by a change on a previous instruction or approval given by the Client or a material change in the Project including, but not limited to size, quality, complexity, schedule, budget of work resulting on an increase of the scope, or procurement or delivery method. CGA and their Subconsultant's are responsible for revisions associated with authorized Change Orders in response to errors and omissions by CGA and their Subconsultant's or Change Orders related to minor changes in work that are consistent with the intent of the Contract Documents. Change Orders will not be stand-alone packages. Where appropriate, Change Orders can be submitted as official sketches without revising official Contract Documents. • Any work that extends beyond the schedule and timeframe for delays beyond the control of the Consultant, not including delays resulting from"Acts of God". • Any work that is incurred because of Client directed changes in decisions once prior approvals have been made during the Design Phases of the project. • Lighting design assumes market available off-the-shelf fixtures or off-the-shelf fixtures with some custom features.The design and engineering of custom fixtures is excluded. • Any related design for the water features. Water feature designs by others. CGA will provide water, drainage and electrical connections as directed by water feature consultant only. • Archeological evaluations. • Environmental contamination evaluations. • Any work associated with LEED certification or Sustainable SITES. • Electrical and utilities connections design for buildings affected by the undergrounding of the existing overhead utilities. (FPL,Comcast,AT&T,etc.) BASIS OF PROPOSAL • Any opinion of the construction cost prepared by Calvin,Giordano &Associates, Inc. represents its judgment as a design professional and is supplied for the general guidance of the CLIENT since Calvin, Giordano &Associates, Inc. has no control over the cost of labor and material,or over competitive bidding or market conditions. Calvin,Giordano&Associates, Inc. does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT. • Any outside engineering services, studies, or laboratory testing not specifically mentioned in the Scope of Services will be the responsibility of the CLIENT. All municipal,permit, and agency fees as well as Title Certificates will be paid by the CLIENT. • Basic services outlined within this proposal shall be considered complete when the project plans are submitted to the regulatory agencies for Certification. 61 1 • Calvin,Giordano&Associates, Inc. is performing the consultant services set forth in this Agreement strictly as a professional consultant to CLIENT. Nothing contained in this Agreement shall create any contractual relationship between Calvin, Giordano & Associates, Inc. and any contractor or subcontractor performing construction activities on the project, or any of CLIENT's other professional consultants. • Calvin,Giordano &Associates, Inc.shall not be responsible for the contractor's schedules or failure to carry out the construction in accordance with the construction documents. Calvin,Giordano & Associates, Inc. shall not have control over or charge of acts or omissions of the contractor, subcontractors, or their agents or employees,or of any other persons performing portions of the construction. • Calvin,Giordano&Associates, Inc.will require that all consultants carryproper insurance,including professional liability insurance,if appropriate. • Permit construction certification will include one partial and one final inspection. ADDITIONAL FEES The following services are NOT included in this proposal and will be considered Additional Services, which will be addressed in a separate contractual agreement. The services include but are not limited to: • Architectural, structural (i.e., retaining walls, bridges, docks), mechanical (i.e., fire pumps), fire protection, geotechnical and testing, environmental assessment, power, gas, telephone, cable television,site lighting services. • Calculations for needed fire flow for site demands,based on buildingtype use and size,if required. • Calculations of off-site flood stages. • Construction quality control inspections. • Off-site engineering and negotiations for off-site easements, if required (other than as specified in the Scope of Services). • Permit application or negotiation with permitting authorities other than those specifically listed herein. • Preparation of construction contract documents,other than drawings and technical ' specifications(e.g., bid schedule,project manual); • Professional land surveying not included in the scope of services(i.e., buried utility investigation, easement research,condominium documents, project stake-out and as-built drawings). • Professional services required due to conditions different from those itemized under the Scope of Services or due to events beyond the control of Calvin,Giordano &Associates,Inc. • Professional services required, due to changes in the site plan initiated by the CLIENT, their representatives or other consultants(e.g.,architects,landscape architects,etc.)after either design or preparation of the construction drawings has commenced. • Re-review of rejected shop drawings. • Review and approval of Contractor pay requests. • Review of Data supplied by the CLIENT(i.e. GIS data sets, databases, aerial images,etc.) required for integration into this project. • Review of shop drawings for contractor or Client selected alternatives,materials,products,etc. • Special shop drawing annotation and modification to expedite shop drawing approval process. • Updated boundary survey,site evaluation or closing assistance work, unless specified above. MEETING ATTENDANCE Due to the difficulties of predicting the number or duration of meetings, no meetings other than those listed above,are included in the Schedule of Fees shown below. Preparation for and meeting attendance,as necessary,will be provided on a time and materials basis and will be billed at the standard hourly rates in accordance with the attached Hourly Rate Schedule. 62 SCHEDULE A-1 CONSULTANT SERVICE ORDER FOR ADDITIONAL SERVICES Service Order No. for Additional Services. TO: PROJECT NAME: Project Name DATE: SCOPE OF ADDITIONAL SERVICES: Per attached proposal dated , to be considered part of this Agreement. Estimated calendar days to complete this work: Days Original Service Order Amount: $ Total From Previous Additional Service Orders: $ Fee for this Service Order is Lump Sum/Not to Exceed amount of: $ Total Agreement to Date: $ City's Project Date Coordinator/Manager Assistant Director Date Consultant. Date Project Administrator-Director Date 63 SAMPLE CONSULTANT COMPENSATION Schedule of Payments for Additional Services A. Tasks and deliverables as reflected on the Consultant Service Order(CSO): Task 1: $ Task 2: $ Task 3: $ B. Reimbursable Allowance (Not to Exceed): $ 64 SCHEDULE B CONSULTANT COMPENSATION SCOPE OF WORK BY TASK PHASE 1.0 PARK VISIONING&MASTER PLANNING SERVICE $347,883.00 A Project Management General Services $25,440.00 B Foundation Data-Collection $148,669.00 C Master Plan Conceptual Design $104,033.00 D Stakeholder&Public Engagement $20,466.00 E Commission Approval $3,275.00 F Sub-consultants $46,000.00 1.1 MASTER PLAN PRICE-POINT LAYOUT OPTIONS $72,536.00 A Project Management General Services $8,820.00 B Prep of 3 Price-point Targeted Plans $45,354.00 C Layout Plans Approval and Incorporation $4,862.00 D Sub-consultants $13,500.00 2.0 Lummus Park Master Plan Phase $327,170.00 A Project Management General Services $21,420.00 B Schematic Design $62,193.00 C Design Development $67,445.00 D Final Bid Construction Documents $16,123.00 E Bidding and Award $5,619.00 F Construction Administration/CEI $89,370.00 G Sub-consultants $65,000.00 TOTAL PROTECT COST $747,589 00 REIMBURSABLE ALLOWANCE SET BY THE CITY OF MIAMI BEACH $37,,379 45 TOTAL CONTRACT VALUE $784;968.45,n,` Note*: These services will be paid lump sum based on percentage complete of each phase as identified in the individual tasks. Note**: Construction Administration will be paid on a monthly basis upon commencement of construction. In the event that, through no fault of the Consultant, Construction Administration services are required to be extended, which extension shall be subject to prior City approval, and what shall be atthe City's sole discretion, the Consultant agrees to extend said services for an amount to be negotiated and accepted by the City, per month, using a Consultant Service Order(CSO)for the duration required to complete the Project. Note***: The Reimbursable Allowance and or Contingency belong to the City and must be approved in writing, in advance, by the Project Administrator. Unused portions will not be paid to the Consultant. 65 99. 000191 0011 ,....:.. 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'. - •. � � '0coteannka s 30.w0c0 70 1 SCHEDULE C HOURLY BILLING RATE SCHEDULE Project Engineer(Coastal or Project Principal $ 150.00 Other) $ 101.00 Project Manager $ 120.00 Sr.Field Services Professional $ 101.00 Senior Civil Engineer $ 120.00 Field Services Professional $ 70.00 Civil Engineer $ 101.00 Threshold Inspector $ 120.00 Senior Electrical Engineer $ 120.00 Structural Special Inspector $ 95.00 Electrical Engineer $ 101.00 Technical Editor $ 65.00 Senior Mechanical Engineer $ 120.00 Senior GIS Specialist $ 101.00 Mechanical Engineer $ 101.00 GIS Specialist $ 75.00 Senior Structural Engineer $ 120.00 Staff Engineer/Geologist/Scientist $ 82.00 Structural Engineer $ 101.00 LandscaPe Designer $ 83.00 Senior Environmental Engineer $ 120.00 Planner $ 101.00 Project Principal(Structural Environmental Engineer $ 101.00 Ene:ineer) $ 150.00 Project Manager(Structural Environmental Technician $ 65.00 Engineer) $ 120.00 Environmental Specialist $ 55.00 CAD Technician(Structural) $ 55.00 Environ.mental Permit Specialist $ 55.00 Traffic Engineers $ 101.00 Project Scientist $ 105.00 Cost Estimator $ 65.00 Senior Surveyor $ 120.00 Specifications Writer $ 55.00 ' Construction Administrator Surveyor $ 101.00 Manager $ 82.00 Surveyor Support Staff $ 60.00 Senior Project Manager $ 120.00 Senior Architect $ 120.00 MEP Project Ene:ineer $ 120.00 Horticultural/maintenance Architect $ 101.00 Consultant $ 75.00 Senior Designer $ 120.00 Irrigation Ernrineer $ 82.00 Desie:ner $ 83.00 Job Captain $ 80.00 Senior Urban Planner $ 120.00 Interior Designer $ 83.00 Senior CAD Technician $ 60.00 PrinciPal/Director of Design $ 120.00 - CAD Technician $ 55.00 Senior Landscape Architect $ 120.00 Landscape Architect $ 101.00 Clerical $ 35.00 Administrative Assistant $ 35.00 Survey Crew Party of 2 $ 122.33 Survey Crew Party of 2 w/ GPS $ 146.53 Survey Crew Party of 3 $ 148.21 Survey Crew Party of 3 w/ GPS $ 171.31 Survey Crew Party of4 $ 183.75 Survey Crew Party of 4 w/GPS $ 217.50 Sr.Inspector(CE!) $ 90.00 • Inspector(CE!,Field or Construction) $ 82.50 SCHEDULE D CONSTRUCTION COST BUDGET The City's Construction Cost Budget is $3.9 million. SCHEDULE E PROJECT SCHEDULE 6 6 6 '44`' " „ ° •.„ -.° .6„ - „ '47116:'„efi 6 '66 . 61,,Z,4 ° ° ° ° ". ° — OVERALL ANTICiPATED,SCHEDULE MAY SESIAJECVP9 4 A "" /I" 4'f -• ;1',A0.10 4'6' ....*.„.*`;0°' 46-6-.,:f.‘6Vvrff0A6C-f". *r. - •-- • r- < 3 e t , 11 :a 13 24 13 33 /7 13 13 23 21 33 23.24 13 1O 7:1 23 39 BC SI 52 33 31 SS. sa. .. . S. -a . - tl.12.22.12111,812V1210211KANDUASIER PLANIT2G tyr2E2 „ • ' „ ° ,,s`ova.07,7.4 %,•Arriltmomftxt~.04-6t r < • •' , , , eigiON 11, " 'Aparnotarsw vsooNtrogsobigwmirw4..-- 46.4410,15tricafAMPaargnela .7.1: D,c1.22,2,q±.2.,22es 22°de aMENE '!:E2E2E1,4C17.2E.Iffill BEAM • •,....„.,rnta.itr,o1T4,40:gread,,A.dtp.r.Prcxis El • • 2.23A ,teet.rev titt.anct 0:4644.14WW.T.0'444V: .7:006'1210NOM2 WSWOWANOMMMUSr: IftingeninnoSolt°4a.°60.'aUM. 1115rxre44 Miro l're,A 2 5,11x enn r,..,‘ wte !T111 <t4C.,a., AS:" ria rfrM PC SstMP'aS4S4 F,. „„ „„,, „ 3Suk Re.,:,r3 kor 1TIP C: 'flFCY5,t:ccFA(FAF'.M554.McacI:C'.(FCF,:OrccacC,F'YacY Ft( 6 , ° • OM • Vr.2.K14...,415.,, • as 2,,,119,7,11711,1, et , WO.,,,,,,5„,,,zsgz,4<c--ral V.V.221.42.2,2.4 1,4,`v: In.,'Per rzogintsm 2114E4 tx,"4,,Fer.., CUM r • • • ATTACHMENT A RESOLUTION & COMMISSION AWARD MEMO RESOLUTION NO. 202041396 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, TO AUTHORIZE NEGOTIATIONS RELATING TO REQUEST FOR QUALIFICATIONS NO. 2020-119-ND, FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH CALVIN, GIORDANO AND ASSOCIATES, INC., AS THE TOP RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES, INC., AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH PERKINS + WILL ARCHITECTS, INC., AND STUDIO V ARCHITECTURE, PLLC, AS THE TIED SECOND RANKED PROPOSERS; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on March 18, 2020, the Mayor and City Commission authorized the issuance of Request for Qualifications ("RFQ") 2020-119-ND for Architectural and Engineering Design Services for Lummus Park Master Plan; and WHEREAS, on April 13, 2020, the RFQ 2020-119-ND for Architectural and Engineering Design Services for Lummus Park Master Plan (the "RFQ")was issued; and WHEREAS, a voluntary pre-proposal meeting was held on April 28, 2020; and WHEREAS, on June 10, 2020, the City received a total of 15 proposals; and WHEREAS, the Evaluation Committee convened on July 9 and July 10, 2020 to review and score the proposals; and WHEREAS, the Evaluation Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the Committee's ranking for the top three (3) proposals was as follows: Calvin, Giordano and Associates, Inc., as the top ranked proposer; and Perkins + Will Architects, Inc. and Studio V Architecture, PLLC as the tied second ranked proposers; and WHEREAS, after reviewing all of the submissions and the Evaluation Committee's rankings and commentary, the City Manager concurs with the Evaluation Committee and recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Calvin, Giordano and Associates, Inc., as the top ranked proposer; further, if the administration is not successful in negotiating an agreement with Calvin, Giordano and Associates, Inc., authorizing the administration to enter into negotiations with Perkins + Will Architects,.Inc., and Studio V Architecture, PLLC as the tied second ranked proposers. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY CptAmiSSION• OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City;Manager, to authorize negotiations relating to Request. for 'Qualificatiins No. 2020-114-ND, for Architectural and Engineering Design Services for Lummus Park Master Plan, authorize the Administration to enter into negotiations With Calvin, Giordano and Associates, Inc.,, as the top ranked proposer; =further, if the Administration, is not successful in negotiating an agreement with Calvin, Giordarnb and Associates, lrrc,, :authorize the Administration to enter into negotiations with Perkins + Will Architects, Inc., and Studio V Architecture, PLLC, as the tied second ranked proposers, and. further authorize. the Mayor and City Clerk to execute an agreement upon conclusion of . successful neg©tiations by the Administration:: ,164 PASSED AND ADOPTED this -day of { ,Q0,. ATTEST: , ! RA si AEL E. GRA 1 D0,.CITY CLERK. DAN GELBER, MAYOR Fc1PURCiSolicitati6n:0020\2020=119 z cs_RFC_A&E for Lun inns Pack:Master Ptm1 DeAtIVW-Commission.Award po;wmentclRFCY-2020-119-NO RezoitsGtm ORAFT.ifo, • APPRf VEL AS TO. Fe 4 ' LANGUAGE410, . EXECUTION Alik 4, s /! vrp� Resolutions-C7 R MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 16, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, TO AUTHORIZE NEGOTIATIONS RELATING TO REQUEST FOR QUALIFICATIONS NO. 2020-119-ND, FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH CALVIN, GIORDANO AND ASSOCIATES, INC., AS THE TOP RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES, INC., AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH PERKINS + WILL ARCHITECTS, INC.; AND STUDIO V ARCHITECTURE, PLLC, AS THE TEED SECOND RANKED PROPOSERS; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the resolution accepting the City Manager's recommendation pertaining to the bids received, pursuant to RFQ 2020-119-ND, for architectural and engineering design services for Lummus Paris master plan. I3,AC.KGROUNDINISTORY Lummus Park is a 74-acre urban park located between Ocean Drive and the Atlantic Ocean, and betveen 5th Street and 15th Street. The historic Art Deco District in South Beach serves as the backdrop for this landmark. The park is popular with residents, tourists, and eventgoers. Lummus Park features large passive areas, playground, public restrooms, paved paths, sand volleyball courts, a fitness area,and Muscle Beach.Activity is constant providing a unique set of operational challenges. The park hosts dozens of diverse events every year, ranging from concerts, filming, sporting events, art displays, festivals, etc., making it one of the most popular destinations in Miami Beach. On November 6, 2018, Miami Beach residents approved a ballot measure,which authorized the Page 482 of 1855 issuance of a general obligation bond (G,O. Bond)to revitalize Lummus Park.A total of$4.737 million of general obligation bonds were issued to fund the project, including but not limited to the design, permitting, and construction. Improvements to Lummus Park include landscaping beautification and new trees; a new crushed-sheil walkway with wayfinding signage; and the expansion and upgrade of the park irrigation system to include wireless connectivity, rain sensors, and flow meters. The City seeks to develop and design a master plan for Lummus Park that provides a cohesive long-term vision that addresses the immediate needs identified in the general obligation bond project description and additional enhancements to be developed during visioning process with residents, administration, elected officials, and other stakeholders. Different options for implementation and funding will be developed during this process. The purpose of this RFQ is to obtain qualifications from architectural and engineering firms with the capability and experience to provide Architectural & Engineering services for master site planning, design, construction documents, bid, award, and construction administration services for improvements to Lummus Park. ANALY 41$ On March 18, 2020, the Mayor and City Commission authorized the issuance of Request for Qualifications (RFQ) 2020-119-ND for Architectural and Engineering Design Services for Lummus Park Master Plan. On April 13, 2020, the RFQ was issued. A voluntary pre-proposal conference to provide information to proposers submitting a response was held on April 28, 2020. Three addenda were issued.The Department issued bid notes to 13,337 companies utilizing www.bidsync.corn website.271 prospective bidders accessed the advertised solicitation. RFQ responses were due and received on June 10, 2020. The City received a total of fifteen(15)proposals from the following firms: •Arquitectonica GEO Corporation • Browning Day Mullins Dierdorf, Inc. • Calvin, Giordano&Associates, Inc. • Civitas, Inc. • Coastal Operations Landscape Architecture, LLC • Curtis + Rogers Design Studio, Inc. • EDSA, Inc. • Keith and Associates, Inc. • Perkins + Will Architects, Inc. • R.E. Chisholm Architects, Inc. • Rogers Architects, PLLC LLC • Studio V Architecture, PLLC • The BetaJones Group, Inc. • Urban Robot Associates, Inc. • Wannemacher Jensen Architects, inc. On April 29, 2020, the City Manager appointed the Evaluation Committee via LTC # 163-2020. The Evaluation Committee convened on July 9 and July 10, 2020, to consider proposals received. The Committee was comprised of Barbara Hernandez, Division Director - Park Development and Special Projects, Parks and Recreation Department; Omar Leon, Urban Forester, Environment and Sustainability; David Nguah, Member, Parks and Recreational Page 483 of 1855 Facilities Board; Colette Satchel!, Senior Capital Projects Coordinator, Property Management Department; and Debora Tackett, Chief of Historic Preservation, Planning Department. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers as indicated in Attachment A. A summary of each top-ranked firm follows: Calvin, Giordano aod A5wciateInc, Calvin, Giordano and Associates, Inc. (CGA) is a Fort Lauderdale-based, full-service design, planning, and engineering firmCGA has established itself as an award-winning, design collaborator whose work is inspired by and references the local context, history, and culture,with design narratives rooted in contemporary realities. As the designers behind the City's Urban Forestry Master Plan's 'Toolbox'and having successfully permitted large expanses of the City's waterfront, CGA is keenly aware of the parks challenges and how the improvements can make the park a more functional,safe,and vibrant public space. Perkins+Will Architects Inc.. Founded over 80 years ago, Perkins & Will Architects, Inc. (Perkins & Will) is a global team of 2,700 creative and critical thinkers that provide worldwide interdisciplinary services in architecture, interior design, landscape architecture, and more. Perkins + Will has provided architectural and engineering design services to other agencies throughout South Florida including but not limited to Florida International University, Gainesville Community Redevelopment Agency, and the Jackson Health System. Studio V Architecture, PLLC Studio V Architecture, PPLC (Studio V), is an internationally recognized design studio based in New York City and active in projects around the world. Studio V's expertise include waterfront planning, public space design, and full architectural services. It employs extensive research and integrates proactive project coordination with various stakeholders, public agencies, and communities into the process in order to realize client and community goals. FINANCIAL INFORMATION The costs of the related services are subject to funds availability approved through the City's budgeting process. Grant funding will not be utilized for this project. CONCLUSION After reviewing all of the submissions and the Evaluation Committee's rankings and commentary, I concur with the Evaluation Committee and find Calvin, Giordano and Associates, Inc. to be the best qualified firm for the project. Calvin, Giordano and Associates has extensive local experience which includes working with the City of Miami Beach on various other projects. When illustrating its approach and methodology Calvin, Giordano and Associates carefully considered the surrounding areas, including its relationship to Ocean Drive, Calvin, Giordano and Associates divided the park into sections and showed the potential each section has for active and passive use. Finally, the firm looked at the topography of the park and considered Page 484 of 1855 future needs including but not limited to utilizing the park, from a resiliency standpoint, to assist with future sea level rise. For the reasons stated herein, I recommend that the Mayor and City Commission approve the resolution authorizing the Administration to enter into negotiations with Calvin, Giordano and Associates, Inc., as the top ranked proposer; further, if the administration is not successful in negotiating an agreement with Calvin, Giordano and Associates, Inc., authorizing negotiations with Perkins & Will Architects, Inc., and Studio V Architecture, RIC as the tied second ranked proposers; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. Applicable Area South Beach kibis_aff/es,,ide ntsRight * i* • utilize G.0, to Know" item,pursuant to Bond Funds? City Cole Section 2-14? Yes Yes Legislative Tracking Parks and Recreation/Procurement ATTACHMENTS: Description D Attachment A o Resolution • Page 485 of 1855 w :' —4:4::'it,,t, TA:: ': A.'S i�..ta�7-�'st/PI Qiil�iiJ6Xi'1a Ilarbent Piectmits Orstar tA9G Catv34 .sta £.114.Orktrtml .. Dativr®T1C$Rt$ " --1;}p _r�.c.� I Dahl Q Sseyr ass�,L+A'.1E4Sa P 'I 3 1+'t+ x *sows. css.ssakese ouw as atom. 0. s; clusesksakk U s t 4u renrevaSvetasto a_., m,.",i ca,.=a5Ssa a_ro aw59:7Sa 3 e E . GPO+R ...r 5 + 3 t 6 5t_ t .2bN 5 55 S . 3L .m59 T f .. ..5... 15 . a3d ..--..,.T2$cs.a?S, iPpuA r t.x, a .as< i� Vs 43 1 „f axs CskA Cxdss0s tm99 551, P .,,+ j9 Rs 5 ^3 t4 bt5m sa s ---r---1- 1 , 5 ,. i 5.5 p #,I,,,,^tLC". , 1 9 ? s82 ? 35 s 75 ,[ i r? �5U b f a "4 >.,t,_ c'S'S tSpxGa a a g9.,,..‘„, 7 I. 5 953 a . 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Page 486 of 1855 Coversheet Resolutions-C7 R COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 16,2020 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER,TO AUTHORIZE NEGOTIATIONS RELATING TO REQUEST FOR QUALIFICATIONS NO.2020-119-ND, FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN;AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH CALVIN, GIORDANO AND ASSOCIATES, INC.,AS THE TOP RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES, INC.,AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH PERKINS+WILL ARCHITECTS, INC.,AND STUDIO V ARCHITECTURE, PLLC,AS THE TIED SECOND RANKED PROPOSERS;AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the resolution accepting the City Manager's recommendation pertaining to the bids received, pursuant to RFQ 2020-119-ND,for architectural and engineering design services for Lummus Park master plan. BACKGROUND/HISTORY Lummus Park is a 74-acre urban park located between Ocean Drive and the Atlantic Ocean, and between 5th Street and 15th Street.The historic Art Deco District in South Beach serves as the backdrop for this landmark.The park is popular with residents, tourists, and eventgoers. Lummus Park features large passive areas, playground, public restrooms, paved paths, sand volleyball courts, a fitness area, and Muscle Beach.Activity is constant providing a unique set of operational challenges.The park hosts dozens of diverse events every year, ranging from concerts,filming, sporting events, art displays,festivals, etc., making it one of the most popular destinations in Miami Beach.❑ On November 6,2018, Miami Beach residents approved a ballot measure,which authorized the issuance of a general obligation bond (G.O. Bond)to revitalize Lummus Park. A total of$4.737 million of general obligation bonds were issued to fund the project, including but not limited to the design, permitting, and construction. Improvements to Lummus Park include landscaping beautification and new trees; a new crushed-shell walkway with wayfinding signage; and the expansion and upgrade of the park irrigation system to include wireless connectivity, rain sensors, and flow meters.❑ The City seeks to develop and design a master plan for Lummus Park that provides a cohesive long-term vision that addresses the immediate needs identified in the general obligation bond project description and additional enhancements to be developed during visioning process with residents, administration, elected officials, and other stakeholders. Different options for implementation and funding will be developed during this process.❑ The purpose of this RFQ is to obtain qualifications from architectural and engineering firms with the capability and experience to provide Architectural&Engineering services for master site planning, design, construction documents, bid, award, and construction administration services for improvements to Lummus Park.❑ ANALYSIS On March 18, 2020,the Mayor and City Commission authorized the issuance of Request for Qualifications (RFQ)2020-119-ND for Architectural and Engineering Design Services for Lummus Park Master Plan. On April 13, 2020, the RFQ was issued. A voluntary pre-proposal conference to provide information to proposers submitting a response was held on April 28, 2020. Three addenda were issued. The Department issued bid notes to 13,337 companies utilizing www.bidsync.com website. 271 prospective bidders accessed the advertised solicitation. RFQ responses were due and received on June 10, 2020.The City received a total of fifteen file:///miamibeach.gov/...-119_ND_RFQ_A&E%20for%20Lummus%20Park%20Master%20PIan%20Design/13%20%20Negotiations/Commission%20Memo%2007%20R.html[9/17/2020 10:07:12 AM] Coversheet (15) proposals from the following firms:❑ •Arquitectonica GEO Corporation❑ • Browning Day Mullins Dierdorf, Inc.❑ • Calvin, Giordano&Associates, Inc.❑ • • Civitas, Inc.❑ • Coastal Operations Landscape Architecture, LLC❑ • Curtis+ Rogers Design Studio, Inc.❑ • EDSA, Inc.❑ • Keith and Associates, Inc.❑ • Perkins+Will Architects, Inc.❑ • R.E. Chisholm Architects, Inc.❑ • Rogers Architects, PLLC LLC❑ • Studio V Architecture, PLLCO •The BetaJones Group, Inc.❑ • Urban Robot Associates, Inc.❑ •Wannemacher Jensen Architects, Inc.❑,; On April 29, 2020,the City Manager appointed the Evaluation Committee via LTC#163-2020. The Evaluation Committee convened on July 9 and July 10, 2020,to consider proposals received. The Committee was comprised of Barbara Hernandez, Division Director-Park Development and'Special Projects, Parks and Recreation Department; Omar Leon, Urban Forester, Environment and Sustainability; David Nguah, Member, Parks and Recreational Facilities/Board; Colette Satchel!, Senior Capital Projects Coordinator, Property Management Department; and Debora Tackett, Chief of Historic Preservation, Planning Department. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law.The Committee was also provided with general information on the scope of services and a copy of each proposal.The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ.The evaluation process resulted in the ranking of proposers as indicated in Attachment A. A summary of each top-ranked firm follows: Calvin. Giordano and Associates. Inc. Calvin, Giordano and Associates, Inc. (CGA) is a Fort Lauderdale-based,full-service design, planning, and engineering firm. CGA has established itself as an award-winning, design collaborator whose work is inspired by and references the local context, history, and culture,with design narratives rooted'in contemporary realities. As the designers behind the City's Urban Forestry Master Plan's'Toolbox'and having successfully permitted large expanses of the City's waterfront, CGA is keenly aware of the parks challenges and how the improvements can make the park a more functional, safe, and vibrant public space. Perkins+Will Architects. Inc. Founded over 80 years ago, Perkins&Will Architects, Inc. (Perkins&Will)is a global team of 2,700 creative and critical thinkers that provide worldwide interdisciplinary services in architecture, interior design, landscape architecture, and more. Perkins+Will has provided architectural and engineering design services to other agencies throughout South Florida including but not limited to Florida International University, Gainesville Community Redevelopment Agency, and the Jackson Health System. Studio V Architecture. PLLC Studio V Architecture, PPLC (Studio V), is:an internationally recognized design studio based in New York City and active in projects around the world. Studio V's expertise include waterfront planning, public space design, and full architectural services. It employs extensive research and integrates proactive project coordination with various stakeholders, public agencies, and communities into the process in order to realize client and community goals. FINANCIAL INFORMATION The costs of the related services are subject to funds availability approved through the City's budgeting process. Grant funding will not be utilized for this project. CONCLUSION After reviewing all of the submissions and the Evaluation Committee's rankings and commentary, I concur with the Evaluation Committee and find Calvin, Giordano and Associates, Inc.to be the best qualified firm for the project. Calvin, Giordano and Associates has extensive local experience which includes working with the City of Miami Beach on various other projects. When illustrating its approach and methodology Calvin, Giordano and Associates carefully considered the surrounding areas, including its relationship to Ocean Drive. Calvin, Giordano and Associates divided the park into sections and showed the potential each section has for active and passive use. Finally,the firm looked at the topography of the park and considered future needs including but not limited to utilizing the park,from a resiliency standpoint,to assist with future sea level rise.❑ file:///miamibeach.gov/...-119_ND_RFQ_A&E%20for%20Lmnmus%20Park%20Master%20Plan%20Design/13%20-%20Negotiations/Comtnission%20Memo%2007%20R.lttml[9/17/2020 10:07:12 AM] Coversheet For the reasons stated herein, I recommend that the Mayor and City Commission approve the resolution authorizing the Administration to enter into negotiations with Calvin, Giordano and Associates, Inc., as the top ranked proposer;further, if the administration is not successful in negotiating an agreement with Calvin, Giordano and Associates, Inc., authorizing negotiations with Perkins&Will Architects, Inc., and Studio V Architecture, PLLC as the tied second ranked proposers;and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration.❑ Applicable Area South Beach Is this a"Residents Right to Does this item utilize G.O. Know"item,pursuant to Bond Funds? City Code Section 2-14? Yes Yes Legislative Tracking Parks and Recreation/Procurement ATTACHMENTS: Description 7 Attachment A Resolution • file:///miainibeach.gov/...-119_ND_RFQ_A&E%20for%20Lummus%20Park%20Master%20Plan%20Design/13%20-%20Negotiations/Commission%20Memo%2007%20R.html[9/17/2020 10:07:12 AM] ATTACHMENT B ADDENDUM & RFP SOLICITATION M I ,f I Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO.3 REQUEST FOR QUALIFICATIONS NO.2020-119-ND ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN(the"RFQ") June 9,2020 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). The deadline for questions has passed.No further questions will be considered,and no extensions will be made. 1. CLARIFICATION. When submitting an electronic proposal BidSync requires digital signature in order to place an offer. The proposer is required to utilize the BidSync digital signature tool, which prompts proposer to provide their password in order to submit a digital signature and place an offer. Please note that the option for a "DocuSign" digital signature is not required,however this option is available to those that are interested in utilizing DocuSign. 2. REMINDER RFQ DUE DATE AND TIME. The deadline for the electronic receipt of proposals is at 3:00 p.m., on Wednesday,June 10, 2020. All proposals received and time stamped through BidSync, prior to the proposal submittal deadline shall be accepted as timely submitted. Proposals cannot be submitted after the deadline established for receipt of proposals. Hard copy proposals or proposals received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of proposals are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado a(�,miamibeachfl.gov Contact: Telephone: Email: Natalia Delgado 305-673-7000 ext.6263 nataliadelgado@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. Sincerely, Alex Denis Procurement Director RFQ No.2020-119-ND Addendum#3 6/9/2020 M IAMI Procurement Department 1755 Meridian Ave,3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO.2 REQUEST FOR QUALIFICATIONS NO.2020-119-ND ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN (the "RFQ") June 3,2020 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). The deadline for questions has passed. No further questions will be considered,and no extensions will be made. 1. REVISIONS. 1. Delete Section 0300, Submittal Instructions and Format, on page 12 — 13 of the RFQ, in its entirety and Replace with Revised Section 0300, Submittal Instructions and Format,attached hereto as Exhibit A. 2. Appendix A, Special Conditions, Section 5. Licensure, on page 8 of the RFQ, is hereby amended as follows. (Underlined denotes added language): 5. LICENSURE. Consultant shall hold a "Certificate of Authorization" or an "Architect Business"certification or a "Landscape Architect Business" certification from the State of Florida, Division of Business and Professional Regulations, ••• .! :. .•• • . .• - . 2. ATTACHMENTS. Exhibit A: Revised Section 0300, Submittal Instructions and Format 3. RESPONSES TO QUESTIONS RECEIVED. Q1: Can the experience requirements under Tab 2 be satisfied (whole or in part) by a sub-consultant firm under the Prime A/E firm? Al: The experience requirements under Exhibit A: Revised Section 0300, Submittal Instructions and Format, Tab 2, Section 2.1. Qualifications of the Proposing Firm must be from the Prime Proposer. Sub-consultant experience is to be provided under Tab 2, Section 2.2.1 Project Experience. Q2: Are joint ventures allowed or can a landscape/planning firm be the Prime? A2: Joint ventures are not allowed. Bids shall be submitted only by the prime contractor. Bids may, however, identify sub-contractors or sub-consultants to the prime contractor who may serve as team members. RFQ No.2020-119-ND Addendum#2 6/3/2020 M ANA I Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov Q3: Is a LEED Consultant required/preferred for the project? A3: A LEED consultant is not requiredlpreferred for this project. Q4: Is the value of work accounted only for the Prime firm, in case of a joint venture does it add between all members?Section 0400, Part 3. A4: See response to item Q2 above. The volume of work is that of the prime proposer. Q5: Will the City be willing to amend the advertised bid to require that the team shall be led by either a "Florida-Registered Landscape Architect" or that the Prime consultant shall hold a "Certificate of Authorization"to engage in the practice of Landscape Architecture in the State of Florida? A5: Please refer to Section 1. Revisions,item 2. ' Q6: Will the City be willing to revise the qualifying criteria to state the following? Park construction project(s) of a $2 million dollar minimum in site improvements; where a habitable structure was included in the scope of work, proposer shall state the total budget allocated to (a) the habitable structure and its immediate amenities,such as driveways and parking lots,versus(b)those spent on park-related site improvements. A6: Please refer to Exhibit A: Revised Section 0300,Submittal Instructions and Format. Q7: Can you please clarify which tab SF330 Section H — Additional Information be located at in the proposal? A7: Please refer to Exhibit A: Revised Section 0300, Submittal Instructions and Format. The Standard Form 330 shall be submitted in Tab 2. Q8: Tab 4 — Approach and Methodology (page 13 of the RFP). Should this content be submitted as Section H of the 330 or as a separate document? Is there a page limit in either situation? A8: The content to be submitted under Revised Section 0300, Submittal Instructions and Format, Tab 3. Approach and Methodology shall be submitted as a separate document with no page limit. Q9: Will there be a separate Tab 1 for the cover letter/table of contents on the electronic upload? A9: BidSync has a separate line item for Tab 1,Cover Letter. Q10: Is the Duns&Bradstreet"Supplier Qualifier Report"required to submit a bid for the project? A10: As stipulated in the Bid Submittal Questionnaire, Section 4, Financial Capacity, when requested by the City, each bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the City. RFQ No.2020-119-ND Addendum#2 6/3/2020 M I A /+t , I Procurement Department / OJ ` 1755 Meridian Ave,3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov Q11: Should the Bid Submittal Questionnaire be included as part of the RFQ response? May it be part of an Appendix?Or should it be included under another Tab? Or, should it be submitted in some other way—and if so, how,to whom, and when?(For example,can the form be accessed directly online and filled out via Bid Sync?) All: The questionnaire is to be accessed directly online and filled out via BidSync. Please be reminded you will not be able to access the questionnaire until you have completed the vendor qualifications and the City has approved the qualifications. We urge you to complete the vendor qualifications with sufficient time prior to the opening date. Otherwise, you will not be able to complete the documents nor submit an offer. Q12: Will Addenda/QAs be available via Bid Sync,or via another method? Al2: Addenda are posted on BidSync. Q13: Can you provide a direct link to the site where we must submit our response on Bid Sync? A13: The submittal "link" is individual to each firm. You will need to register on BidSync at https://prod.bidsync.comlmiami-beach in order to gain access to the solicitation and be able to place an offer. Q14: Standard Form 330, Part II - General Qualifications: Do we only need to fill this form out if the prime firm or subconsultants have branch offices—otherwise we can leave this form out of our response? A14: Prepare Part II only if the firm has branch offices and a specific branch office is seeking work. Q15: Are we permitted to reformat the information included in the forms in our own visual way in our response? A15: Do not reformat the information included in the Standard Form 330. Please refer to Exhibit A: Revised Section 0300, Submittal Instructions and Format. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals,it is strongly recommended that proposals be organized and tabbed in accordance with the tabs,and sections as specified. Q16: May we include Standard Form 330, Part I in its entirety in an Appendix?Or do we need to splice the form so that the correct sections are in each corresponding Tab? (e.g. Sections A, B, C, F, and G correspond to Tab 2,while Sections D and E correspond to Tab 3). A16: Please refer to Exhibit A: Revised Section 0300,Submittal Instructions and Format. Q17: Do you have to have a complete team to be able to submit for this proposal? In my offices case,we are Landscape Architect firm,can we submit on our own? M7:Yes, a complete team is needed in order to submit for this proposal. RFQ No.2020-119-ND Addendum#2 6/3/2020 M IA\Iv\ I Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139. www.miamibeachfl.gov Q18: Can you please confirm which tab the corresponding 330s should be placed? A18: See response to item Q16 above. Q19: Is there a reason that this RFQ is directed to architects and engineers rather than soliciting a landscape architecture firm as a prime proposer? A19: See response to item Q5 above. Q20: I understand that this RFQ response can include sub-consultants. Is it solely up to the Prime proposer to determine what types of sub-consultants are needed for this project based on the project description? A20: Prime proposer shall determine what types of sub-consultants are needed for this project based on the statement of work required. Q21: The Proposing (Prime) Firm (2.1) and the Proposer Team (3.1) should each have the same experience including NE services for the design of a park master plan in the last 5 years and park construction project(s)of a$2 million dollar minimum? A21: Please refer to Exhibit A: Revised Section 0300, Submittal Instructions and Format,Tab 2. The experience requirement is the same for the firm and the team. Q22: Please confirm that the $4.737 million allotted to the completion of the Lummus Park project is inclusive of the design fee, permitting and construction of ONLY the "landscape beautification and new trees, a new crushed shell walkway with wayfinding signage and the expansion and upgrade of the park irrigation system to include wireless connectivity, rain sensors and flow meters". Please confirm that NO lighting enhancements, including event and turtle-safe lighting, will be implemented with the allotted GO Bond budget. A22: No lighting'enhancements will be implemented with the allotted GO Bond budget. • Q23: Which portions of the SF330 are required for subconsultants? Specifically, do they need to fill Part II, A, B and C.and Part II? A23: Team qualifications, to include subconsultants, will be submitted as part of Standard Form 330,Part I—Contract=Specific Qualifications, Sections A—H,and Part II, as applicable. Q24: In the case that two firms are pursuing this opportunity as a Joint Venture, do you require the JV to be established prior to submission or would it be appropriate to establish after selection? In the case that establishment of JV is acceptable after selection, how should the two leading firms fill out the SF330 form? A24: See response to item Q2 above. RFQ No.2020-119-ND Addendum#2 6/3/2020 M AMI Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado a(�,miamibeachfl.gov Contact: Telephone: Email: Natalia Delgado 305-673-7000 ext.6263 nataliadelgado@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sincerely, APPROVED ELECTRONICALLY BY ALEX DENIS ON JUNE 3,2020 Alex Denis Procurement Director RFQ No.2020-119-ND Addendum#2 6/3/2020 M I j\M I Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov EXHIBIT A Revised Section 0300, Submittal Instructions and Format RFQ No.2020-119-ND Addendum#2 6/3/2020 h d i A e f4 3i da H3PArH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES (ONLY).Electronic responses to this RFQ are to be submitted through BidSync until the date and time as indicated in this document. It is the sole responsibility of the Proposer to ensure its proposal reaches BidSync before the Solicitation closing date and time. There is no cost to the Proposer to submit a proposal in response to,a City of Miami Beach solicitation via BidSync. Electronic proposal submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files (proposal format indicated below). All proposals received and time stamped through BidSync, prior to the proposal submittal deadline shall be accepted as timely submitted. Proposals will be opened promptly at the time and date specified. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. The City will only consider the latest version of the proposal. 2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non- responsiveness. Non-responsive proposals will not be considered. 1. Bid Submittal Questionnaire(submitted electronically). 3. OMITTED OR ADDITIONAL INFORMATION. With exception of the Bid Submittal Questionnaire (submitted electronically) and the Cost/Revenue Proposal, if applicable, the City reserves the right to seek any omitted. information/documentation or any additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information,financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the"Line Items"attachment tab in BidSync. TAB 1 Cover Letter 1.1 Cover Letter The cover letter must be signed by a principal or agent able to bind the firm. TAB 2 Experience and Qualifications of the Proposing Firm and Team SUBMIT THE BELOW REQUESTED INFORMATION UTILIZING THE ENCLOSED STANDARD FORM 330 (APPENDIX B)-ARCHITECT-ENGINEER QUALIFICATIONS 2.1 Qualifications of Proposing;Firm. Submit detailed information regarding the relevant experience and proven track record of the firm and/or its principals in providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies,with emphasis on the following areas of expertise: • architectural and engineering services for the design of a park master plan in the last five (5)years; • park construction project(s) of a $2 million dollar minimum in site improvements (defined as landscaping and hardscape); ■ projects that required experience with Florida Administrative Code — Model Lighting Ordinance for Marine Turtle Protection and the Florida Fish and Wildlife Conservation Commission Turtle Nesting Provisions. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all the prime proposer's personnel, each team members' qualifications and the role that each team member will play in providing the services detailed herein. A resume of each individual, including education, licensure, relevant experience, and any other pertinent information,shall be included for each respondent team member to be assigned to this contract. 2.2.1 Project Experience. Submit detailed information regarding the relevant experience and proven track record of each team member in providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies, with emphasis on the - following areas of expertise: • architectural and engineering services for the design of a park master plan in the last five (5)years; • park construction project(s) of a $2 million dollar minimum in site improvements (defined as landscaping and hardscape); • projects that required experience with Florida Administrative Code — Model Lighting Ordinance for Marine Turtle Protection and the Florida Fish and Wildlife Conservation Commission Turtle Nesting Provisions. 2.3 Project/Account Manager. Submit the name of the project/account manager that shall be the primary representative to the City. Include a resume of the project/account manager, including education, licensure, relevant experience, and any other pertinent information, and why the proposer believes this individual is best suited to serve as project/account managerfor this engagement. TAB 3 Approach and Methodology Submit detailed information on the approach and methodology that the Proposer and its team has utilized on previous engagements to accomplish a similar scope of work, including detailed information, as applicable, which addresses, but need not be limited to, its approach and methodology to the following areas of work: • renovation of a park irrigation system, • landscaping improvements including selection and design process, • park infrastructure improvements to accommodate large events including, but not limited to, staging, electrical, hardscape,and sanitation support, • hardscape improvements to activate key areas for community activities, arts,culture,and leisure, • hardscape and wayfinding improvements to improve pedestrian flow, • designing multi-purpose spaces for a wide array of activities including active and passive uses, • design process considering phasing design and construction around special events, • development of playground(s)and social spaces, • designing a master plan for a park with a historic preservation component, and • enhancing park electrical infrastructure. M I AA I Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS NO. 2020-119-ND ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN (the"RFQ") May 21,2020 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). The deadline for questions has passed. No further questions will be considered, and no further extensions will be made. 1. RFQ DUE DATE AND TIME. The deadline for receipt of electronic submittals through BidSync is extended until 3:00 p.m.,Wednesday,June 10,2020. Proposals will be opened promptly at the time and date specified. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. PUBLIC BID OPENING WILL BE VIA CONFERENCE ONLY Dial-In Instructions: • Dial the Telephone Number: +1 786-636-1480 • Enter the Conference ID No: 645 075 769# 2. ATTACHMENTS. Exhibit A: Pre-Proposal Sign-in Sheet A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadomiamibeachfl.qov Contact: Telephone: Email: Natalia Delgado 305-673-7000 ext. 6263 nataliadelgado@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sincerely, .v1/j,c9 vLe, for Alex Denis Procurement Director RFQ No.2020-119-ND Addendum#1 5/21/2020 MIAMIBEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov EXHIBIT A Pre-Proposal Sign-in Sheet RFQ No.2020-119-ND Addendum#1 5/21/2020 MIAMIBEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING (Via Conference Call) SIGN-IN SHEET DATE: April 28, 2020 TITLE: RF2020-119-ND ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN NAME COMPANY NAPHONE# Signature (PLEASE PRINT) E-MAIL ADDRESS, Natalia Delgado Procurement-CMB 305-673-7000 nataliadelgado@miamibeachfl.gov Ext. 26263 D11ZuUeu1 r sLeVez raiXS anU neeiealliui1 LX. LO103 Barbara Hernandez Parks and Recreation Ext. 26136 Michael Festa Parks and Recreation Ext. 26958 Jani Singer Office of Inspector General Ext. 26105 1 MIAMIMIAMIBEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING (Via Conference Call) SIGN-IN SHEET DATE: April 28, 2020 TITLE: RFQ-2020-119-ND ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN NAME PHONE# Signature COMPANY NAME (PLEASE PRINT) E MAIL ADDRESS Susannah Ross Agency Landscape+ 617.686.6861 Planning susannah@agencylp.com Carmen Olazabal Alpha Corporation 305.269.7917 Carmen.olazabal@alphacorporation.com Andrew Welsh APR3D 404-438-5734 Drew.W(a),apr3d.com Monica Grigorescu ARQGEO (305) 372-1812 mgrigorescu@arggeo.com Ryan P. Cambridge Browning Day 317.613.4261 rcambrid 7e�r)browningday.com Economou, Peter Bureau Veritas 800 733 0660 Peter.Economouf@bvna.com x 2716 Patricia Caripa Callison 786 268 3286 Patricia.Caripa(u),crtkl.com Julianna Campbell CGA 954.921.7781 JCarnpbell@,cgasolutions.com Arianna Dominguez Chisholm 305.661.2070 adominguez(c4chisholmarchitects.com Craig Vickers Civitas 303.571.0053 cvickers(d civitasinc.com x124 Li Joan Baculi Coastal Systems 305-661-3655 lbaculi(i coastalsystemsint.corn x 235 Amanda Conner Conner (813) 258-1997 aconner(a),conner-1a.com x103 Isaac Stein Department of Design i saac(edep tdesi gnoffice.com Whitney Tidd Dix-Hite 407.478.8257 wtidd(7dixhite.corn Sally Perez EAC 305.265.5400 verez@eacconsult.com Antonella Milano Ecosistema Urbano +34 91 942 0463 am(c ecosistemaurbano.com Xiang Li Edsa 954.524.3330 XLi(d'iedsaplan.com Lisa Rambo ' GAI Consultants 407.423.8398 L.Rambo(ciP,gaiconsultants.com 2 MIAMIBEACF1 CITY OF MIAMI BEACH PRE-PROPOSAL MEETING (Via Conference Call) SIGN-IN SHEET DATE: April 28, 2020 TITLE: RFQ-2020-119-ND ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN 305-596-2857 Arvind Kumbhojkar Hp consultants inc pconsultantsinc@earthlink.net Field Operations James Corner 212-433-1450 mwhangAFieldOperations.net x216 Yazmin Ongtengco Keith Team 954.788.3400 ong_tejgcoj keithteam.com Chris Donohue Michael Van Valkenburgh 617.864.2076 cdonohue(amvvainc.com 617.250.7924 Cara Pasquale Miller Legg (954) 628-3609 CPasduale(r�,millerleaa.com (954) 436-7000 Amanda Jungles Raymond Jungles 305 858 6777 amanda@curaymondjungles.com x06 Jose R. Murphy Red Design Group 305 392 0024 officemanager/a),reddesig,ngroup.net Chloe Chelz Rene Gonzalez 305.762.5895 chloe@renegonzalezarchitects.com Tyler Swanson Rogers Partners 646 442 8778 tswansonla),rogersarchitects.com 212 309 7570 Travis Mazerall Sasaki 617 923 7196 tmazerall(a sasaki.com Sophia Aitken Savino Miller 3058959082 sophia(i)savinomiller.com Tricia Converse selbert perkins design 310.822.5223 tconverse@selbertperkins.com x205 Rebecca Stanier-Shulman Shulman • reb ecc a(a�shulma n-design.com Bermudez, Vanessa TLC 305.263.3871 vanessa.bermudez(i),tic-eng.com 305.401.7640 Peter Salamon Urban Robot 786.246.4857,110 peter(2 ,,urbanrobot.net 305.912.3170 Amanda Wiegman Wannemacher 727.822.5566 amandaOwjarc.com Ext 237 Michael Woodsmall Why-Site michaelwAwhy-site.corn Andrea Chavero Wolfberg Alvarez 305.666.5474, achavero( woltbergalvarez.com ext. 231 3 MIAMI AI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO RESPONDENTS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A SPECIAL CONDITIONS APPENDIX B SAMPLE CONTRACT APPENDIX C STANDARD FORM 330 M AIV AC H SECTION 0100 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS 1. GENERAL.This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the"City"), as the means for prospective Proposers to submit proposals for the City's consideration in evaluating qualifications to select a firm with whom it may negotiate an agreement for the purpose noted herein. Prospective Proposers that have obtained this solicitation in any manner other than via BidSync(www.bidsync.com) are advised that the City utilizes BidSync (www.bidsync.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any Prospective Proposer who has received this RFQ by any means other than through BidSync must register immediately with BidSync to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. Lummus Park is a 74-acre urban park located between Ocean Drive and the Atlantic Ocean, and between 5th Street and 15th Street. The historic Art Deco District in South Beach serves as the backdrop for this landmark. The park is popular with residents, tourists, and eventgoers. Lummus Park features large passive areas, playground, public restrooms, paved paths, sand volleyball courts, a fitness area, and Muscle Beach. Activity is constant providing a unique set of operational challenges. The park hosts dozens of diverse events every year, ranging from concerts, filming, sporting events, art displays, festivals, etc., making it one of the most popular destinations in Miami Beach. On November 6, 2018, Miami Beach residents approved a ballot measure, which authorized the issuance of a general obligation bond (G.O. Bond)to revitalize Lummus Park. A total of$4.737 million of general obligation bonds were issued to fund the project, including but not limited to the design, permitting, and construction. Improvements to Lummus Park include landscaping beautification and new trees; a new crushed-shell walkway with wayfinding signage; and the expansion and upgrade of the park irrigation system to include wireless connectivity, rain sensors, and flow meters. The City seeks to develop and design a master plan for Lummus Park that provides a cohesive long-term vision that addresses the immediate needs identified in the general obligation bond project description and additional enhancements to be developed during visioning process with residents, administration, elected officials, and other stakeholders. Different options for implementation and funding will be developed during this process. The purpose of this RFQ is to obtain qualifications from architectural and engineering firms with the capability and experience to provide Architectural &Engineering services for master site planning, design, construction documents, bid, award, and construction administration services for improvements to Lummus Park. THIS RFQ,AND ANY RESULTING CONTRACT, IS ISSUED AND GOVERNED BY SECTION 287.055, FLORIDA STATUTES 3. STATEMENT OF WORK REQUIRED. The guiding principle is to preserve the historic character of the park while improving spaces and modernizing infrastructure to accommodate the current and future needs of residents, City operations, and special events while highlighting the City's position as a leader in resiliency and environmental sustainability efforts. - The specific goals of the project include: 1) Development of a master plan that implements the requirements of the G.O. Bond program and delivers a roadmap for future improvements to the facility. The awarded firm will develop three (3) site plans tailored to different price points established by the City. /\A AM BEACH H 2) The master plan, as well as any subsequent design or construction documents, shall incorporate the following: a. Improvements incorporating best management practices for landscaping by using the Florida-Friendly Landscaping Guide to Plant Selection and Landscape Design. (City of Miami Beach Ordinance No. 2016-3993) b. Creative landscaping improvements to create durable, low maintenance spaces capable of withstanding heavy foot traffic. Using design and materials to improve pedestrian flow. c. Constructing new walkways and wayfinding signage to improve pedestrian flow throughout the park using materials consistent with existing materials on-site such as crushed shell. d. " Addition of new trees to enhance tree canopy to provide shade to leisure areas while highlighting local flora and fauna. e. Complete renovation of the park irrigation system to improve coverage. Using the latest water management technology and design methods to minimize water use. This includes wireless connectivity, water,management software, rain sensors, flow meters, and site weather conditions. Incorporating a design that allows for customization, selective irrigation, and reducing watering duration. f. Improving park infrastructure to accommodate large events including, but not limited to, staging, electrical, hardscape, and sanitation support. g. Hardscape improvements to minimize the impact of events on landscaping conditions. h. Hardscape and infrastructure improvements to activate key entry points in north, central, and south sections of the park to be used as gathering spaces for community activities, arts,culture, and leisure. i. Addition of recognizable public art installation that engages passersby and becomes synonymous with Miami Beach. j. Accommodating passive and active programming harmoniously throughout the year. Increase functionality by making programming alternations to minimize disruption to recreational amenities during the setup and breakdown of events. This includes creating an alternative and/or additional site for sand volleyball courts. k. Develop site plan for additional playgrounds/kid zones and replacement of existing playground featuring signature elements. I. Enhancing park electrical infrastructure for holiday and year-round lighting displays. 3) Provide recommendations for future project to upgrade lighting system with "sea turtle friendly" lighting options consistent with City of Miami Beach Ordinance 2006-3525 and Florida Administrative Code — Model Lighting Ordinance for Marine Turtle Protection and Florida Fish and Wildlife Conservation Commission Turtle Nesting Provisions.All new lighting systems must also adhere by these standards. 4) Compliance with the following Ordinances: Art in Public Places (AiPP) Ordinance (Ordinance No. 95-2985), Sustainability and Resiliency Ordinance No. 2016-3993, Urban Heat Island Ordinance, Ordinance No. 2019- 4252, Resolution 2017-29748: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Incorporating Best Management Practices for Landscaping by Including the Use of the Florida-Friendly Landscaping Guide to Plant Selection and Landscape Design When Redeveloping City Parks and City-Owned Land, Sea Turtle Ordinance 2006-3525, and Florida Administrative Code—Model Lighting Ordinance for Marine Turtle Protection and Florida Fish and Wildlife Conservation Commission Turtle Nesting Provisions. 5) Work with various City departments to ensure needs are met with proposed changes. The selected consultant shall reference and include best design practices to address future sea-level rise, the City's storm water management program, and the City's strategy to increase resiliency through the use of blue and green infrastructure. 4.ANTICIPATED RFQ TIMETABLE. The tentative schedule for this solicitation is as follows: RFQ Issued April 13, 2020 Pre-Proposal Meeting April 28, 2020 at 9:00 a.m. ET AA I. t f '�h}� 4.BEACH Deadline for Receipt of Questions May 11, 2020 at 5:00 p.m. ET Responses Due May 28, 2020 at 3:00 p.m. ET Evaluation'Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD Negotiations Contract Negotiations Following Commission Approval 5. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Natalia Del•ado 305-673-7000 x26263 NataliaDel•ado• miamibeachfl.•ov additionally, the City Clerk is to be cooled on all communications via e-mail at: RafaelGranado• miamibeachfl.•ov; or via facsimile: 786-394-4188. The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0100-4. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 6. PRE-PROPOSAL MEETING OR SITE'VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. Attendance for the pre-proposal meeting shall be via telephone and recommended as a source of information but is not mandatory. Proposers interested in participating in the Pre-Proposal Meeting must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-873-8018(Toll-free North America) (2) Enter the MEETING NUMBER 6312925 Proposers who are participating 'via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 7. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s)! The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through BidSync. Any prospective proposer who has received this RFQ by any means other than through BidSync must register immediately with BidSync to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 8. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy,to the City Clerk at rafaelgranado a(7miamibeachfl.gov /VI A ': E 9. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability(including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). 10. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations,,evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 11. DETERMINATION OF AWARD.The final ranking results of the evaluation process will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1)The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified, without delay or interference. (3)The character, integrity, reputation,judgment, experience and efficiency of the Proposer. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 12. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City;and executed by the parties. Balance of Page Intentionally Left Blank M ARAI BEACH- SECTION 0200 GENERAL CONDITIONS TERMS & CONDITIONS —SERVICES. By virtue of submitting a proposal in response to this solicitation, proposer agrees to be bound by and in compliance with the Terms and Conditions for Services (dated April 13, 2020), incorporated herein,which may be found at the following link: https://www.miamib eachfl.gov/city-hall/procurement/standard-terms-and-conditions/ Balance of Page Intentionally Leff Blank AA i §AA \t\jd BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES (ONLY). Electronic responses to this RFQ are to be submitted through BidSync until the date and time as indicated in this document. It is the sole responsibility of the Proposer to ensure its proposal reaches BidSync before the Solicitation closing date and time. There is no cost to the Proposer to submit a proposal in response to a City of Miami Beach solicitation via BidSync. Electronic proposal submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files (proposal format indicated below). All proposals received and time stamped through BidSync, prior to the proposal submittal deadline shall be accepted as timely submitted. Proposals will be opened promptly at the time and date specified. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. The City will only consider the latest version of the proposal. 2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non- responsiveness. Non-responsive proposals will not be considered. 1. Bid Submittal Questionnaire (submitted electronically). 3. OMITTED OR ADDITIONAL INFORMATION. With exception of the Bid Submittal Questionnaire (submitted electronically) and the Cost/Revenue Proposal, if applicable, the City reserves the right to seek any omitted information/documentation or any additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the"Line Items"attachment tab in BidSync. TAB 1 Cover Letter&Table of Contents 1.1 Cover Letter and Table of Contents. The table of contents should indicate the tabs, sections with tabs and page numbers to facilitate the evaluation committee's review. The cover letter must be signed by a principal or agent able to bind the firm. TAB 2 Experience and Qualifications of the Proposing Firm 2.1 Qualifications of Proposing Firm. Utilizing the enclosed Standard Form 330 (Appendix C) —Architect Engineer Qualifications, submit detailed information regarding the relevant experience and proven track record of the firm and/or its principals in providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies, with emphasis on the following areas of expertise: • architectural and engineering services for the design of a park master plan in the last five (5)years; • park construction project(s)of a$2 million dollar minimum; • projects that required experience with Florida Administrative Code — Model Lighting Ordinance for Marine Turtle Protection and the Florida Fish and Wildlife Conservation Commission Turtle Nesting Provisions. MIAAABEACH TAB 3 Experience and Qualifications Proposer's Team 3.1 Qualifications of Proposer Team. Provide an organizational chart of all the prime proposer's personnel, each team members' qualifications and the role that each team member will play in providing the services detailed herein. A resume of each individual, including education, licensure, relevant experience, and any other pertinent information,shall be included for each respondent team member to be assigned to this contract. 3.1.1 Project Experience. Utilizing the enclosed Standard Form 330 (Appendix C) — Architect Engineer Qualifications, submit detailed information regarding the relevant experience and proven track record of each team member in providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies, with emphasis on the following areas of expertise: • architectural and engineering services for the design of a park master plan in the last five(5)years; • park construction project(s)of a$2 million dollar minimum; • projects that required experience with Florida Administrative Code — Model Lighting Ordinance for Marine Turtle Protection and the Florida Fish and Wildlife Conservation Commission Turtle Nesting Provisions. 3.2 Project/Account Manager. Submit the name of the project/account manager that shall be the primary representative to the City. Include a resume of the project/account manager, including education, licensure, relevant experience, and any other pertinent information, and why the proposer believes this individual is best suited to serve as project/account manager for this engagement. TAB 4 Approach and Methodology Submit detailed information on the approach and methodology that the Proposer and its team has utilized on previous engagements to accomplish a similar scope of work, including detailed information, as applicable, which addresses, but need not be limited to, its approach and methodology to the following areas of work: • renovation of a park irrigation system, • landscaping improvements including selection and design process, • park infrastructure improvements to accommodate large events including, but not limited to, staging, electrical, hardscape, and sanitation support, • hardscape improvements to activate key areas for community activities, arts, culture, and leisure, • hardscape and wayfinding improvements to improve pedestrian flow, • designing multi-purpose spaces for a wide array of activities including active and passive uses, • design process considering phasing design and construction around special events, • development of playground(s) and social spaces, • designing a master plan for a park with a historic preservation component, and • enhancing park electrical infrastructure. Balance of Page Intentionally Leff Blank SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee.An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. City staff will assign points for the quantitative criteria. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. a. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. b. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Qualitative Criteria. Responsive proposals shall be evaluated by the Evaluation Committee in accordance with the following criteria. Qualitative Criteria Maximum Points Prime Proposer's Experience and Qualifications 40 Proposing Team Experience and Qualifications 30 Approach and Methodology 30 TOTAL AVAILABLE STEP 1 POINTS 100 3. Quantitative Criteria. Following the results of the evaluation of the qualitative criteria by the Evaluation Committee, the Proposers may receive additional points, to be added by City staff, as follows. Quantitative Criteria Maximum Points Veterans Preference 5 Prime Proposer Volume of Work(0-5 Points).Points awarded to the proposer for volume of work awarded by the City in the last three (3) years in accordance with the following table: Less than$250,000 5 5 l $250,000.01—$2,000,000 3 Greater than$2,000,000 0 TOTAL AVAILABLE STEP 2 POINTS 10 4. Determination of Final Ranking. The sum of qualitative and quantitative scores will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C Qualitative Points 82 74 80 Committee Quantitative Points 10 5 0 Member 1 • Total 92 79 80 Qualitative Points 82 85 72 Committee ` Quantitative Points 10 5 0 Member 2 Total 92 90 72 Rank 1, 2 , 3 Qualitative Points 90 74 66 Committee Quantitative Points 10 5 0 Memberg" Total 100 79 66 Rank` 1,+: 2 3: Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 It is important to note that the results of the Evaluation Committee process do not represent an award recommendation.The City Manager will utilize the results of the committee process,as well as any other information he deems appropriate to develop his award recommendation to the City Commission,which may differ from the Evaluation Committee process ranking. • Balance of Page Intentionally Left Blank ti APPENDIX A zf a s Special Conditions 2020- 119-ND ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 1. Negotiations. Upon approval of selection by the City Commission, negotiations between the City and the selected Consultant will take place to arrive at a mutually acceptable Agreement, including final scope of services, deliverables and cost of services. 2. Competitive Specifications. It is the goal of the City to maximize competition for the project among suppliers & contractors. Consultant shall endeavor to prepare all documents, plans & specifications that are in accordance with this goal. Under no condition shall Consultant include means & methods or product specifications that are considered "sole source"or restricted without prior written approval of the City. 3. Change of Project Manager. A change in the Consultant's project manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be an Assistant City Manager). Replacement (including reassignment) of an approved project manager or public information officer shall,not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee(i.e.the City project manager). 4. Sub-Consultants. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. 5. Licensure. Consultant shall hold a "Certificate of Authorization" or an "Architect Business" certification from State of Florida, Division of Business and Professional Regulations, within 30 days from notification of award. APPENDIX B It ' fie: 1-i % {{ qtr �E�<< t�. sl fir .. t� � '✓ �� ...,. ,.,, ,.,, �.,,� ,.. Sample Contract 2020- 119-ND ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN BY VIRTUE OF SUBMITTING A PROPOSAL THE FIRM HEREBY TAKES NO EXCEPTIONS TO THE TERM AND CONDITIONS NOTED IN THIS SAMPLE CONTRACT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 AGREEMENT BETWEEN CITY OF MIAMI BEACH • AND •,, • • •, - , . FOR ARCHITECTURALANDENGINE'EiI1"slGDE0S2106—NS9NE-RDVICES FOR- 11 . . ••-• RESOLUTION NO. 2020-xxxxxx • 1 TABLE OF CONTENTS DESCRIPTION , PAGE ARTICLE 1. DEFINITIONS 4 ARTICLE 2. BASIC SERVICES 9 ARTICLE 3. THE CITY'S RESPONSIBILITIES • 14 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 16 ARTICLE 5. ADDITIONAL SERVICES 18 ARTICLE 6. REIMBURSABLE EXPENSES 19 ARTICLE 7. COMPENSATION FOR SERVICES 20 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 21 ARTICLE 9. OWNERSHIP OF PROJECT,DOCUMENTS ° 21 ARTICLE 10. TERMINATION OF AGREEMENT ''` 22 ARTICLE 11. INSURANCE 23 • ARTICLE 12. INDEMNIFICATION`AND,HOLD HARMLESS 24 • ARTICLE 13. ERRORS AND OMISSIONS 24 ARTICLE 14. LIMITATION OF LIABILITY\ 25 ARTICLE 15. NOTICE 25 ARTICLE 16. MISCELLANEOUS PROVISIONS 25 2 SCHEDULES: SCHEDULE A—SCOPE OF SERVICES 30 SCHEDULE A-1 - CONSULTANT SERVICE ORDER (ADDITIONAL SERVICES) SCHEDULE B- COMPENSATION - 32 SCHEDULE C— HOURLY RATE SCHEDULE 33 SCHEDULE D- CONSTRUCTION COST BUDGET SCHEDULE E- PROJECT SCHEDULE ATTACHMENTS: ATTACHMENT A— Resolution, Commission Item,-Commission Memorandum,; • ATTACHMENT B - RFQ 37 ATTACHMENT C—Consultant's Response to the REQ • 3 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR This Agreement made and entered into this "' , day of , 20 (Effective Date), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal4of ices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter- referred to -as;• City), and a corporation.�. having;_ its principal office at (hereinafter referred to as Consultant) WI<T°NES'S,ETH: r - WHEREAS, the RFQ No. 2020-119-ND (the "RFQ") was intended to provide access to architectural and engineering firms in accordance,with the Florida Consultant's Competitive Negotiation Act; and WHEREAS, on , the CityCommission approved Resolution No. 2020-xxxxx, respectively, authorizing the ,City to enter into negotiations with and, if successful,: execute an agreement with the Consultant pursuant to the RFQ; and WHEREAS, City and the Consultant have negotiated the following agreement pursuant to the RFQ; and NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained,'agree as follows: ARTICLE 1. DEFINITIONS 1.1 Definitions. The definitions included in this Section are not exhaustive of all definitions used in this Agreement. Additional terms may be defined in other Contract Documents. The following terms shall have the meanings specified herein unless otherwise stated herein: ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic Services in this Agreement, as described in Article 5 and the Consultant Service Order, which the Consultant shall;perform, at the City's option, and which must be duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. 4 APPLICABLE LAWS: "Applicable Laws" means all laws, statutes, codes (including, but not limited to, building codes), ordinances, rules, regulations, lawful orders and decrees of governmental authorities having jurisdiction over the Project, the Project Site or the Parties. BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant (and approved by the City) as being within the Construction Cost Budget. "Base Bid" shall not include additive alternates or deductive alternates. BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement, as described in Article 2 and the Scope of Services set forth in Schedule A hereto. Any Services not specifically enumerated as Additional Services (as defined herein) shall also be considered Basic Services. 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. In all respects hereunder, City's obligations' and performance is pursuant to City's position as the owner of the Project acting in its proprietaryycapacity. In theevent City:exercises its regulatory authority as a governmental body including, but not limited"�to, `its regulatory" authority for code inspections and .issuance `of Building `Department permits, Public Works Department permits, or other applicable permits witlin;its jurisdiction, the exercise of such regulatory authority and the enforcement of;any Applicable Laws'shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a Partyto this Agreement. CITY COMMISSION: "City Commission":'shalf'mean the';;governing and legislative body of the City. CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall also be, construed'"to include any duly authorized representatives designated by the City.Manager in writing, including the Project Administrator, with respect to any specific matter(s) concerning thei:Services and/or this Agreement (exclusive of those authorizations reserved'to the City Commission under this Agreement, or to regulatory or administrative bodies`having jurisdiction over;the Project). CONSTRUCTION COSTTBUDGET The'"Construction Cost Budget" shall mean the amount budgeted and established by the City to provide for the cost of construction of the Work for the Project("Construction Cost"), as set forth in Schedule D. CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final (100% completed) plans, technical specifications, drawings, schematics, documents, and diagrams prepared by the Consultant pursuant to this Agreement, setting forth in detail the requirements for the construction of the Project. The Construction Documents shall set forth in full all details necessary to complete the construction of the Project in accordance with the Contract Documents. Construction Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Construction Documents to the City and (b) they have been reviewed and approved by the City and any agencies having jurisdiction in accordance with the procedures as otherwise provided by the Contract Documents. However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant's obligations to ensure the Construction Documents are constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents. 5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the qualified and properly professionally licensed design professional in the State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities and/or any other professional organizations with jurisdiction governing the professional practice area for which the design professional has been engaged by City and who will perform (or cause to be performed through Subconsultants acceptable to the City) all architectural, design and engineering services required under this Agreement and/or Consultant Service Order and will serve as the "architect of record" and/or"engineer of record" for the Project. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, or agents of Consultants, and any other person or entity acting under the supervision, direction, or control of Consultant to provide any architectural, design, engineering or similar professional services with respect to the Project ("Subconsultants"). The Consultant shall not be replaced by any other entity, except as otherwisepermitted in this Agreement. Further, any Subconsultant that may perform services on behalf of the Consultant shall be a qualified and properly professionally licensed design professional in thefState of Florida and as otherwise required by any entities, agencies, boards, governmental authorities and/or any other professional organizations with jurisdiction governing the,professional'practice area for which the Subconsultant has been engaged by Consultant to perform professional design services in connection with the Project. The following ,Subconsultants are hereby approved by the City Manager for the Project: [NEED TO INCLUDE SUBCONSULTANTS] CONSULTANT SERVICE ORDER Consultant Service Order shall mean any work order issued by the City to Consultant (in substantial formas in,: Schedule A-1 attached hereto), that specifically describes and delineates the particular Additional Services which may be required of Consultant that is the subject of'such Consultant Service Order, and which may include studies or study activity, and/or professional services as `defined in Section 287.055 of the Florida Statutes. � `' CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement approved by .the.,City (as specified below) and executed between City and Consultant;;covering changes; additions,or reductions in the terms of this Agreement including, without'` limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fee and/or completion dates. Contract Amendments shalt be approved by the City Commission if they exceed fifty thousand dollars ($50,000.00). Even for Contract Amendments of fifty thousand dollars ($50,000.00) or less (or other such threshold contract amount as may be specified by the City of Miami Beach Procurement Ordinance),the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, Consultant Service Orders and written amendments issued thereto), and all Design Documents and Construction Documents. The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the Invitation to Bid (ITB), instructions to bidders, bid form, bid bond, Design Criteria Package (if any), the Contract for Construction, surety payment and performance bonds, Conditions of the Contract for Construction (General, Supplementary, and other Conditions), Divisions 0-17 specifications, an approved Change Order(s), approved Construction Change Directive(s), and/or approved written order(s) for a minor change in the Work. 6 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding agreement between City and Contractor for performance of the Work covered in the Contract Documents, including, without limitation, a general contractor, construction manager, design- builder or any other duly licensed construction contractor selected pursuant to any other procurement methodology available under Florida law. CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. DESIGN CRITERIA PACKAGE or DCP: "Design Criteria ,Package" means concise, performance-oriented drawings or specifications of a design-build Project, prepared for the purpose of furnishing sufficient information to permit design-131111d\firms to prepare a bid or a response to a City request for proposal, or to permit the City to enter into a negotiated design- build contract. The Design Criteria Package must specify performance-based criteria for the design-build Project, including the legal description of the site, survey information``concerning the site, interior space requirements, material quality,,standards, schematic layouts and conceptual design criteria of the project, cost orbudget estimates, design and`construction schedules, site development requirements provisions for utilities, stormwater retention and disposal, and parking requirements applicable tothe project. DESIGN DOCUMENTS: "Design Documents" means all plans,`-drawings specifications, schematics and all other documents whichset forth•in''full the design of the Project and fix and describe in detail the size, configuration=and`°character of the Project concerning all items of the Project necessary for the final preparation ofthe 100% completed, permitted Construction Documents in accordance,withthe requirements of the Contract Documents including, without limitation, all architectural and engineering elements`as may be appropriate. Design Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Design Documents''to-the City and (b) they have'ebeen reviewed and approved by the City and agencies having jurisdiction in accordance with,'the procedures as provided by the Contract Documents. However,approval by the City shall not in any way be construed, interpreted and/or deemed_to-,constitute'a waiver ,or, excuse Consultant's obligations to ensure the Design Documents are constructible,,in compliance with all Applicable Laws and in accordance with the ContractDocuments. FORCE' 1VIAJEURE "Forces Majeure shall mean any delay occasioned by superior or irresistible force occasioned\by, violence in nature without the interference of human agency such as a hurricane, `tornado, flood, loss caused by fire and other similar unavoidable casualties; or other causes beyond the City's or Consultant's control that are not due to any act, omission or negligence of either City or Consultant and, which have, or may be reasonably expected to have, a`-material adverse effect on the Project, or on the rights and obligations of City or Consultant 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 Subconsultants, the Contractor and its sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process shall not be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a Force Majeure, the Consultant shall request a time extension from the Project Administrator within five (5) business days of said Force Majeure. Any time extension shall be subject to mutual 7 agreement and shall not be cause for any claim by the Consultant for extra compensation, unless Additional Services are required and approved pursuant to Article 5 hereof. PROJECT: The "Project" shall mean that certain City capital project described in the Scope of Services set forth in Schedule A hereto. Project Cost: The "Project Cost", shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. Project Scope: The "Project Scope" shall mean the description of the Project, as described in Schedule A hereto. PROJECT ADMINISTRATOR: The "Project Administrator" shall<'mean the individual designated by the City Manager who shall be the City's authorized`representative to issue directives and notices on behalf of the City with respect to all matters concerning the Services of this Agreement (exclusive of those authorizations reserved to the City Manager or City Commission under this Agreement, or to regulatory or,administrative bodies having jurisdiction over the Project). PROPOSAL DOCUMENTS: "ProposalDocuments" shall mean the RFQ, together with all amendments or addenda thereto (if any)t'wfich 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. Consultant's proposal in response to the RFQ is included for> reference purposes only and shall not be incorporated as part of this Agreement, except "with; respect to Consultant's representations regarding the qualifications and experience of,Consultant and;its key personnel, its commitment to provide the key personnel listed therein, and its capability to perform and deliver the Services in accordance with this Agreement and consistent with the all representations made therein. SCHEDULES: "Schedules" shall-mean"thervarious schedules attached to this Agreement and referred to as follows: Schedule A— Scope of Services "Schedule A-1"'-Consultant Service Order Schedule B-Consultant Compensation Schedule C'—Hourly Billing Rate Schedule Schedule=D—Construction Cost Budget Schedule E—Project Schedule SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described in Schedule "A" hereto. SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing, general consultant, financing, permitting fees and other similar costs, as determined by 8 the City, that are not considered as direct costs for the construction of the Project. STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean the detailed estimate prepared by Consultant in Construction Standard Index (CSI) format or other format approved by the Project Administrator, which includes the Consultant's estimated total construction cost to the City of the Work for the Project (as established in the Contract Documents, as they may be amended from time to time). The Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each element of the Project and include a breakdown of the fees, general conditions and construction contingency for the Project. Costs shall be adjusted to the projected bid date to take into account anticipated price escalation. • WORK: "Work" shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and government approvals, licenses, tests, quality assurance and/or quality control inspections and related certifications, surveys, studies, and other items;work and services that are necessary or appropriate for the total construction, installation, and functioning of the Project, together with all additional, collateral and incidental items, and work and services required for delivery of a ,completed, fully functional'and functioning Project'as set forth in the i • Contract Documents. ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services'*for the Project, as more particularly described in Schedule A. 2.2 The Services will be commenced by the Consultant upon receipt of a written notice to proceed with any of the specific"tasks identified in Schedule A ("Task") signed by the City Manager or the Project Administrator (''Notice to Proceed"). Consultant shall countersign the Notice to Proceed upon receipt and return the signed copy to the City. A separate Notice to Proceed issued by the Project Administrator shall be required prior to commencement of each task (as same are set, forth in Schedule "A" hereto). Consultant shall have no entitlement to perform (or be compensated;for) the Services corresponding with any task under this Agreement, unless such task°'is authorized by a Notice to Proceed. 2.3 As it relates,.to the Services and the Project, Consultant warrants and represents to the City that k is knowledgeable; of and shall comply with all Applicable Laws. The Consultant agrees to comply with all 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. 2.4 The Consultant warrants and represents to the City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of comparable projects in South Florida. Consultant warrants and represents to the City that;it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and represents to the City that it is responsible for the technical accuracy of the Services (including, without limitation, the Design Documents contemplated in Schedule "A" hereto). Consultant further warrants and represents that the approved and permitted Construction Documents shall constitute a representation by Consultant to City that the Project, if constructed as required by the Contract Documents, will be 9 • fully functional, suitable and sufficient for its intended purposes. 2.5 The Consultant's Basic Services may consist of various tasks, including planning, design, bidding/award, preparation of a DCP, studies, construction administration, and Additional Services (as may be approved), all as further described in the Scope of Services; and shall also include any and all of Consultant's responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the Contract for Construction. 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: No action or omission by City shall waive or excuse Consultant's obligations under the Agreement and/or other Contract Documents and that Consultant shall remain fully liable for all work performed by Consultant including, without limitation, any design errors or omissions. Written'decisions and/or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or any Subconsultants), for the accuracy and..competency of the Design Documents and Construction Documents, nor shall any City approval and/or decisions be deemed to be an assumption of such responsibility by:'the City for a defect, error or omission in the Design Documents and the Construction Documents. Moreover, neither ;the City's inspection, review, approval or acceptance of, nor,payment-for, any Services requiredunder the Agreement shall be construed to relieve the Consultant (or any'°Subconsultant) of its obligations and responsibilities under the Agreement, °nor'constitute a waiver of any:of\the City's rights under the Agreement, or of any cause or potion arising out, of the;performance of the Agreement. The Consultant shall be and remain''liable to.tfe City in accordance with Applicable Laws for all damages to City caused by-any failure ofthe'Consultant or to comply with the terms and conditions of the Agreement or by:the`Consultant's misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. 2.7 TIME: It is understood thattime is of the essence in the completion of the Project and, in this respect, the parties agree as follows: 2.7.1 Term: The term offthis Agreement shall commence upon execution by the City and Consultant, which shall be the Effective Date referred to on page 1 hereof, and shall be in effect until all,Services are completed or all Services authorized under Notices to Proceed are completed and:accepted; whichever is later. Notwithstanding the preceding Term Consultant-,shall adhere to any and all timelines and/or deadlines, as set forth in the Scope of Services,including the time for completion of the work and/or services for -the Project. :x 2.7:2 -The Consultant `shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Administrator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its Subconsultants, as well as other consultants, including, without limitation, City provided consultants (if any). 2.7.4 The Services shall be performed in a manner that shall conform to the Scope of Services. The Consultant may submit requests for an adjustment to the completion time 10 for the Scope of Services, if made necessary because of undue delays resulting from untimely review taken by the City (or authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Administrator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Administrator may require), the Project Administrator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule.,"'The Project Administrator's approval (if granted) shall be in writing. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Administrator, Contractor, and*anyyandall other individuals and/or firms that have been contracted, or otherwise retained, to perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement in a competent, timely and professional manner, and shall be responsible to the City'for.any failure in its performance, except to the extent that acts or omissions bythe City'make such performance impossible. 2.10 The Consultant is responsible, for the professional quality,-'technical accuracy, completeness, performance and coordination of all Services required under the Agreement any Consultant Service Order's (including the services performed by Subconsultants), within the specified time period and specified cost.%,The.Consultant shall perform the Services utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required,for the performance of such Services in the State of Florida. The Consultant is responsible for, and shall represent to City that the Services conform to the City's requirements, the Contract Documents and all Applicable Laws. The Consultant shall be and remain liable`to the City for''all damages to=`the City caused by the Consultant's deficient Services, breaches'of this Agreement, or negligent acts, errors or omissions in the performance of the Services, which damages may include the costs incurred by the City with respect to replacement or repair of„any defective or=-non-conforming construction Work until (i) twelve (12) months following final acceptanceof the,Work, or (ii) the applicable statute of limitations period, whichever is later. 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 deficiencieswhich°result from:the Consultant's failure to perform in accordance with the above standards. The Project Administrator shall notify the Consultant, in writing, of any deficiencies and shall approve the method'and timing of the corrections. 2.10.1 The:Consultant shall be responsible for deficient, defective Services and any resulting deficient, defective construction work re-performed within twelve (12) months following final acceptance and shall be subject to further re-performance, repair and replacement for twelve (12) months from the date of initial re-performance, not to exceed twenty-four months (24)from final acceptance. 2.11 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City;at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider;any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent 11 of such requirement is to enable the Consultant to receive input from others'. professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project schedule. 2.11.1 The Consultant is advised that a performance evaluation of the Services rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.12 Consultant agrees that when any portion of the Services relates to a professional service •which, under Florida Statutes, requires a license, certificate of authorization, or'other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. • 2.13 Consultant agrees to designate, in writing,within five (5) calendar days after receiving a signed Notice to Proceed, a qualified,licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant<;with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subjectto prior written approval of the City Manager or the Project Administrator. Replacement,(including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Administrator). 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from,the City Manager,or the Project Administrator (which notice shall state the cause =therefore), to promptly remove and'replace a Project Manager, or any other personnel employed or otherwise retained by Consultant for the Project ( including, without limitation, any Subconsultants). 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 the,Project Administrator, 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 Subconsultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services, as described in the Agreement and any Consultant Service Orders, 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 Schedule A and any Consultant Service Orders issued to Consultant by the City. If, during the course of performing work, services and/or tasks, Consultant determines that work and/or services should be performed which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated, then Consultant shall promptly notify the Project 12 Administrator, in writing, and shall obtain the Project Administrator's written consent before proceeding with such work and/or services. If Consultant proceeds with any such additional work and/or services without obtaining the prior written consent of the Project Administrator, said work and/or 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 Schedule A (whether or not specifically addressed in the Scope of Services). Mere notice by Consultant to the Project Administrator shall not constitute authorization or approval by the City to perform such work. Performance of any such work and/or services by Consultant without the prior written consent of the Project Administrator shall be undertaken at Consultant's sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize any and,,all Project documents end 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 HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY WAY THE CONSULTANT'S OBLIGATIONS UNDER THE AGREEMENT,OR OTHER CONTRACT DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO THE CONSULTANT SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED 'AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF CONSULTANT'S OBLIGATIONS, A WAIVER OF CONSULTANT'S OBLIGATIONS AND/OR EXCUSE ANY BREACH. BY CONSULTANT OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONSULTANT'S OBLIGATIONS SHALL NOT PRECLUDE THE CITY FROM DECLARING CONSULTANT IN DEFAULT FOR CONSULTANT'S FAILURE TO PERFORM SUCH OBLIGATION, NOR "SHALL IT,OMIT, IN ANY WAY, THE CITY'S RIGHTS AND REMEDIES IN CONNECTION°THEREWITH. THE CONSULTANT EXPRESSLY ACKNOWLEDGES AND AGREES`NOT TORAISE'OR ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT AND/OR, OTHER PROCEEDING OF A SIMILAR NATURE, THE CITY'S PARTICIPATION, ASSISTANCEAND/OR FACILITATION IN THE PERFORMANCE OF CONSULTANT'SOBLIGATIONS., INCLUDING, WITHOUT LIMITATION, ASSISTING WITH OBTAINING. PERMITS OR WITH COORDINATION WITH UTILITIES, OR OTHER MATTERS RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT DOCUMENTS,THIS SECTION SHALL GOVERN. 2.18 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements of Section 255.2575 'floridaStatutes, and Chapter 100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance requirements. 2.19 SUBCONSULTANTS: All services provided by Subconsultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, 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 Subconsultants. The Consultant shall not retain, add, or replace any Subconsultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the 13 - reasons for any proposed substitution. The Consultant shall cause the names of Subconsultants responsible for significant portions of the Services to be inserted on the plans and specifications. The Consultant shall be 'ultimately responsible for ensuring the Consultant's and all of its Subconsultants' compliance with the requirements of this Section and any other provision of the Agreement and/or Consultant Service Order. With respect to the performance of work by Subconsultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the Subconsultant's work. 1 The Consultant shall, upon the request of the City, submit to the City such documentation and information as the City reasonably requests to evidence the creation, standing, ownership and professional licensure of the Consultant (and Subconsultants), including organizational documents, operating agreements and professional licensure documentation, and copies of the Consultant's contracts with the Subconsultant with respect to the-Project.; However, the City's failure to request such documentation or evidence and/or failure to enforce in any way the terms and provisions of this Section, the Agreement and/or any other Consultant Service Order during the Project does not excuse, waive and/or condone invany way any noncompliance of the requirements set forth therein including, without limitation, the professional licensure requirements. Any approval of a Subconsultant by the City shall in no -way shift from the Consultant to City the responsibility for the quality and acceptability of.the services performed by the Subconsultant. Payment of Subconsultants shall be the sole responsibility of the Consultant, and shall not! be cause forany 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,Administrator, who shall be the City's authorized representative to act'on City;'s behalf with respect to the City's responsibilities or matters requiring "`City's approval`under the Contract Documents. The Project Administrator shall be authorized (without limitation)to transmit instructions, receive information, and interpret and define City policies and decisions with,respect to the Services and the Project. The Project Administrator shall have full authority to require the Consultant to comply with the Contract Documents, provided, ,however, that" any; 'failure of the Project Administrator to identify any noncompliance, or to specifically direct`'or require compliance, shall in no way constitute a waiver of,or excuse, the Consultant's obligation to comply with the requirements of the Contract Documents 3.2 The City shall make available to Consultant, for the convenience of the Consultant only, 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 di- implied certification, warranty, and/or representation as to the accuracy or completeness of such information and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or accuracy of such information. The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey. information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 14 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 Subconsultants 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 Administrator, shall give prompt written notice thereof to the Consultant. 3.5 The City, acting in its proprietary capacity as Owner and not;:in its regulatory capacity, shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. 3.6 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: • 3.6.1 Except where otherwise expressly noted iri ;the Agreement or" the Contract Documents, the City Commission shall be thebody-to consider, `comment upon, or approve any,amendments or modifications to this, 3.6.2, The City Commission shall,be the.body to consider, 'comment upon, or approve any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be defined to also include sale of the i,majority of the stock of a corporate consultant. 1 3.6.3 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 specified by the City ofMiami"Beach.Procurement Ordinance, as amended). 3.7 Except where,'Otherwise expressly noted in this Agreement, the City Manager shall serve as the City's primary representative to whom administrative (proprietary) requests for decisions and approvals required'_hereundere =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. 3.7.1 The City'Manager shall have prior review and approval of the Project Manager (and any replacements) and of any Subconsultants (and any replacements). 3.7.2 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. 3.7.3 At the request of Consultant, the City Manager shall be authorized, but not required, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant's compensation (or other budgets established by this Agreement) may not be increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. 15 3.7.4 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. 3.7.5 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. 3.7.6 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, interminating the Agreement (pursuant to and in accordance with Article 10 hereof). 3.8 The City's review, evaluation, or comment as to any documents prepared by or on behalf of the Consultant shall be solely for the purpose of the City's determining for its own satisfaction the suitability of the Project, or portions thereof,;;detailed in such documents.forrthe purposes intended therefor by the City, and may not be relied upon in any way by the Consultant or any other third party as a substantive review thereof. ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The City has established a Construction Cost Budget for the Project, set forth in Schedule D. Consultant shall design the Project so that the Construction Cost Budget for the Project is not exceeded. As part of�the Basic_Services,,Consultant shall design and/or re-design the Project to the Construction "-Cosh Budget in accordance with this Article 4, making all revisions necessary to maintain the`-"Construction Cost Budget. Consultant shall attend meetings with the City,to review,and discuss cost estimates, cost-saving alternatives, and implementation or',revision-of the Design Documents and Construction Documents to address such items, as necessary-.to'meet the established budget parameters set forth in the City Construction Budget. 4.2. Consultant shall provide and/or update the Statement of Probable Construction Cost at each stage of„completion, of the Design Documents and at completion of the Construction Documents, unless otherwise specified in a written directive of the Project Administrator. 4.2.1. At completion of the conceptual design (at such stage of completion of the Design Documents as may be specified by the Project Administrator), Consultant shall provide the City a Statement; of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus fifteen percent (+/-15%) of the Construction Cost Budget. If at the foregoing stage of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than fifteen percent (15%), then the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform the Consultant's estimated total costs in the Statement of Probable Construction Cost to within fifteen percent (15%) of the City's Construction Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall incorporate such modifications within the Design 16 Documents as part of the Basic Services and at no additional cost to the City. 4.2.2. At the 30% and 60% completion of the Design Documents, Consultant shall update its Statement of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus ten percent (+/-10%) of the Construction Cost Budget. If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform the Consultant's estimated total costs in the Statement of Probable Construction Cost to within ten percent (10%) of the City's Construction Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall incorporate such modifications within the Design Documents as part of the Basic Services and at no additional cost to the City. 4.2.3. At the 90% stage completion of the Design Documents and at completion of the Construction Documents, Consultant shall update its Statement of Probable Construction Cost, which must include an estimated Construction Cost for the,Project within ar range of plus or minus five percent (+/-5%) of the Construction Cost Budget. If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the -City's Construction Budget by more than five percent (5%), the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then:identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform the Consultant's estimated total costs in the°Statement=of Probable Construction Cost to within five percent (5%) of the City's Construction Budget. `;Upon obtaining the City's approval, Consultant shall promptly modify the Design Documents'or Construction Documents within the time period specified by the Project Administrator (which time period for completion shall not exceed ninety (90) days from the-date,Consultant is-notified to re-design), as part of the Basic Services and at no additional cost to the City • 4.2.4. To ensure that the Construction`.Cost shall not exceed the City's Construction Budget, each Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of..each element and include abreakdown of the fees, general conditions and a reasonable and appropriate construction contingency. 4.3 ,Consultant shall certify and warrant to the City that the Statement of Probable Construction Cost and any update thereto, represents Consultant's best judgment of the Construction Cost for♦the Project as an experienced design professional familiar with the construction industry, provided, however, that Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. 4.4 If the lowest and best Base Bid exceeds the Consultant's final updated Statement of Probable Cost by more than ten percent (10%), the Project Administrator shall provide notice thereof to the- Consultant, and the Consultant shall re-design the Project within the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce the Statement of Probable Construction Cost, and Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents) within the time period specified by the Project Administrator (which time period for completion shall not exceed ninety (90) days from the date Consultant is notified to re-design), and shall provide re-bidding services, as many times as may be reasonably requested by the 17 City, as part of the Basic Services and at no additional cost to the City, in order to bring any resulting, responsive and responsible bids within ten percent (10%) of the Consultant's final updated Statement of Probable Cost. 4.5. The Construction; Cost Budget shall not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which arebeyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such Construction Cost Budget is exceeded, the City Commission may, at its 'sole and absolute discretion, terminate this Agreement (and the remaining Services) without any further liability to the City. 4.6. The City Commission may, at its sole and absolute discretion, and without relieving Consultant of its obligations under this Agreement to design the Project to the Construction Cost Budget as set forth in Sections 4.1 through 4.5 above, separately elect any of the following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the Project; (3) abandon'the project and terminate the remaining Services without any further liability to the City; .(4) select as many deductive alternatives as may be necessary to bringthe lowest and best bid within the Construction Cost'Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 - Additional Services shall onlyybe,performed by Consultant following receipt of written authorization by the Project Administrator ,(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 ServicesYrequired a lump sum to be negotiated at the time of the request for additional-services or 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 amended Construction-Cost Budget (if applicable); the time required to complete the Additional Services;'andan amended Project Schedule (if applicable). "Not to Exceed" shaltmean 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 Administrator. The "Not to Exceed" amount is not a guaranteedmaximum cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services include the following: 5.2.1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. 5.2.2. Unforeseen Conditions. Providing additional work relative to the Project which arises from subsequent circumstances and causes which could not reasonably have been ,foreseen at I the time of execution of this Agreement (excluding conditions determined by all prior studies available to Consultant and excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.3. City-Requested Revisions to Construction Documents: Making revisions to 18 Construction Documents resulting in or from City-requested changes in Scope of Work involving new program elements, when such revisions are inconsistent with written approvals or instructions previously given by City and/or are due to causes beyond the control of Consultant. 5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or subpoena to appear and give testimony, preparing toserve or serving as an expert witness in connection with any state or federal court action to which the Consultant is not a party in its own name, that is not instituted by the Consultant or in which the performance of the Consultant is not in issue. �om1 5.2.5 Procurement: Assistance in connection with bid''protests, re-bidding, or re- negotiating contracts (except for Contract Document revisions and re-bidding services required under Section 4.4 hereof, which shall be provided at no additional cost to City). 5.2.6. Models: Preparing professional perspectives, models,or renderings in addition to those provided for in this Agreement except insofar, as these are otherwise useful or necessary to the Consultant in the provision of Basic Services 5.2.7. Threshold Inspection/Material.°':Testing and` Inspection: Providing threshold inspection services and material testing/special inspection services, provided that Consultant, as part of the Basic Services, shall report .on the progress the Work, including any defects and deficiencies that may be observed in the'Work. 5.2.8 Pre-Design Surveys 8, Testing: Environmental investigations and site evaluations, provided, however,;_;that surveys ,of the existing structure required to complete as-built documentation are not additional services. 5.2.9 Geotechnical engineering. Providinggeotechnical engineering services or site surveys. Except as specified herein, services that are required for completion of the Construction Documents shall bepartof Consultant's Basic Services. ;ARTICLE 6.REIMBURSABLE EXPENSES 6.1 Reimbursable' Expenses must be authorized, in advance, in writing, by the Project Administrator.- Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Administrator (along with any supporting receipts and other back-up material requested by the Project Administrator). 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."'Reimbursable Expenses may include, but not be limited to, the following: 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 Subconsultants, and courier, postage and handling costs between the Consultant and its Subconsultants). Costs for reproduction and preparation of graphics for community workshops. Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over 19 9 i the Project (i.e. City permit fees). ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Lump Sum" fee for provision of the Services, including reimbursable expenses, for the Project shall be $638,161, as more fully delineated in Schedule B hereto. 7.2 Payments for Services shall be made within folty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Administrator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted work. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project and the total estimated fee:to completion. 7.3 Approved Additional Services shall be compensated in accordance with the hourly billing rates set forth in Schedule"C," attached hereto. Any request for payment of Additional Services shall be included with a. Consultant payment request. No mark=up shall be. allowed on Additional Services (whether sub-contracted,or 7.4 Approved Reimbursable Expenses shall'=be paid in accordance with Article 6 hereto, up to the "Not to Exceed" Reimbursable 'allowanceamount set forth in Schedule B or in the applicable Consultant Service Order. Any request�for°payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: During the Term of this Agreement, the City Manager, at his sole discretion, may consider an adjustment to the hourly:`rates set forth in Schedule C. Any such adjustments, if any., shall be based on,a``corresponding''increase in the Consumer Price Index for All Urban Consumers; U.S Cityaverage(1982-84=100), as established by the United States Bureau of Labor Statistics,("CPI"), or material adjustments to the scope or requirements of the RFQ by the City, including (but not limited,to) living wage increases, provided, however, that in no event shall any annual increase exceed three percent (3%). In the event that the City determines that the requested increase is unsubstantiated, the Consultant agrees to perform all duties at the current cost terms. 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City onpay,ments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Administrator 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 Subconsultant 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 Administrator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for; all work (by employee category), and cost itemizations for 20 Reimbursable Expenses (by category). ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its Subconsultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specificationsdesigns, 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 its native electronic form, paper or other hardcopy 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 Administrator in their native electronic form 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'll has been granted a license to use and reproduce any standard details and designs owned by'a,third party and used or reproduced by the Consultant in the performance of this Agreement.,Nothing contained herein shall be deemed to exclude any document from Chapter 119,-Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re-use of plans and specifications. 21 ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The 'City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) 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 satisfactorymanner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written'notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the?.City, the City, at its sole option and discretion, may take over the,remaining Services and\.complete them by contracting with another consultant(s), or'otherwise. The.;Consultant shall be liable to the City for any additional cost(s) incurred'"by the City due to such termination. "Additional Cost" is defined as'the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 10.2.2 In the event of termination:--for cause bythe 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,sets forth in, 'orycan 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 y10 2 2 :the City shall have no further liability to Consultant 10.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 16:22, the Consultant shall promptly assemble and deliver to the Project'Administrator any and:all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City,shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATIONF.OR`CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Administrator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this, subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully 22 violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) piaceTno further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Administrator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Administrator). ARTICLE 11. INSURANCE 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and ,effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Administrator: (a) Workers' Compensation and Employer's Liability per the Statutory limits of the State of Florida. (b) Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and • property damage (c) Automobile Liability Insurance 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. (d) Professional Liability Insurance in an amount not less than $2,000,000 with the deductible per claim Consultant shall notify the Project Administrator, in writing, within thirty (30):days,of any claims filed or made against its Professional Liability policy. =l 11.2 The City must be named as and additional insured on the liability policies; and it must be stated on the certificate.- 11.3 The Consultant must give the Project Administrator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 11.4 The insurance must be furnished by an insurance company rated A:V or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.5 Consultant shall provide the Project Administrator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. 23 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 To the fullest extent permitted by Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. The Consultant shall pay all claims and losses in connection therewith and shall investigate all • claims, suits, or actions of any kind or nature in the name eof=the City, where applicable, including appellateproceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that anyinsurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless,and defend the: City or its officers, employees, agents, and instrumentalities as herein provided. 12.2 The Consultant agrees and recognizes that` the City shall not be held liable or responsible for any claims which may result from `any negligent, reckless, or intentionally wrongful actions, errors or omissions of the>Consultant in which ;the City participated either through review or concurrence of the Consultant's'actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the;Consultant, the'"City in no way assumes or shares any responsibility or liability, of sthe Consultant (including, without limitation its Subconsultants and/or any registered professionals (architects and/or engineers) under this Agreement). ARTICLE 13. ERRORS AND,OMISSIONS 13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes categorized by the City as caused by:an error, an omission, or any combination thereof in the Contract Documents:that were prepared by the Consultant will constitute an additional cost to the City that-;would not have been incurred without the error. The damages to the City for errors, omissions or any.combinations :,thereof shall be calculated as the total cost of any damages or incrementalcosts to the City resulting out of the errors or omissions by the Consultant, including,.without limitation, the direct, indirect and/or consequential damages resulting from theConsultant'serrors and/or omissions or any combination thereof. Damages shall include delay damages caused by the error, omission, or any combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination thereof, the Consultant may appeal this determination, in writing, to the applicable Assistant City Manager. The Project Administrator's decision on all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of the Project Administrator, the Consultant shall present any such objections, in writingto the City Manager. The Project Administrator and the Consultant shall abide by the decision, of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above administrative remedies have been exhausted. 24 ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the total amount of compensation/fees due to Consultant for all Services under this Agreement, less any amount(s) actually paid by City to the.Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action for breach of contract to be limited to the total amount of compensation/fees due to Consultant for all Services,under this Agreement, less any amount(s) actually paid by City to the Consultant hereunder. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant'for due to an alleged breach by the City of this Agreement, in an amount in excess'`of the total amount of compensation/fees due to'Consultant for all Services under this Agreement, which amount shall be reduced by any amounts) actually paid by the City to Consultant hereunder. Nothing contained in this subsection, or elsewhere inthis Agreement, is in anyway intended to be a waiver of the limitation placed upon City's'liability,'as set forth in Section 768.28, Florida Statutes. ARTICLE 15. NOTICE All written notices given to!City by Consultant shall be addressed to: City Manager's Office City of Miami Beach.: 1700 Convention Center Drive =� Miami Beach, Florida 33139 Attn: JimmyL Morales, City Manager With a copy to: City.Manager's Office • City of Miami Beach :1=700 Convention Center Drive \Miami Beach, Florida 33139 Attn uric Ts';Carpenter, Assistant City Manager 1 All written notices given to the Consultant from the City shall be addressed to: XXXXXXXX-XXXXXXX All notices mailed to either:party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of 25 � 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. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract;to provide any goods or services tothe 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 they 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`Ey Consultant, City shall have the right to terminate the Agreement without any liability toCity, and pursue debarment of,Consultant 16.4 NO CONTINGENT FEE' Consultant=warrants_that it has not employed or retained any company or person, other than-abona..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. 16.5 LAWS AND REGULATIONS: 16.5.1 The Consultant shall, during the Term of this Agreement, be governed by all Applicable Laws which may have a bearing on the Services involved in the Project.,. 16.5.2 Protect Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the provisions of Section 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 26 upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and Subconsultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 16.5.2.2 The Consultant and its Subconsultants,agree in writing that the Project documents are to be kept and maintainedin a secure location. 16.5.2.3 Each set of the Project documents are to be numbered and the whereabouts of the documents s. be tracked at all,tirries" 16.5.2.4 A log is developed to track-each set of documents logging in the date, time, and name of the individual(s) that work on or view the documents• 16.6 CORRECTIONS TO CONTRACt DOCUMENTS: The Consultant shall prepare, without DOCUMENTS. added compensation, all: necessary supplemental documents to correct errors, omissions, and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its Subconsultants Compliance with this subsection shall not be construed to relieve :the Consultant from any\liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. 16.7 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'Subconsultants, subject to the prior written approval of the City Manager. 16.8 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her-partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.9 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, Subconsultants, and other purchased services, etc., as necessary to complete said Services. 27 16.10 INTENT OF AGREEMENT: 16.10.1 The intent of the Agreement is for the Consultant to provide design and other services, and to include all necessary items for the proper completion of such services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.10.2 This Agreement is for the benefit of the partiesonly and it does not grant rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement 16.10.3 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. 16.11 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 area,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. 28 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH: CITY CLERK MAYOR Attest XXXXXXXXXXXXXXXXXXX Signature/Secretary Signature/President Print Name Print Name • • 29 SCHEDULE A-SCOPE OF SERVICES • • 30 { SCHEDULE A-1 CONSULTANT SERVICE ORDER FOR ADDITIONAL SERVICES Service Order No. for Additional Services. TO: PROJECT NAME: Project Name DATE: SCOPE OF ADDITIONAL SERVICES: Per attached proposal dated , to be considered part of this Agreement. Estimated calendar days to complete this work: Days Original Service Order Amount: Total From Previous Additional Service Orders $ Fee for this Service Order is Lump Sum/Not to Exceed amount of: Total Agreement to,pate: $ City's Project Date ,. Coordinator/Manager Assistant Director Date Consultant. Date Project Administrator-Director Date 31 SCHEDULE B CONSULTANT COMPENSATION Schedule of Payments Planning Services * $XXXXXXXX Design Services* $XXXXXXXX Bidding and Award Services $XXXXXXXX Construction Administration ** $XXXXXXXX Reimbursable Allowance*** `.._,$XXXXXXXX • Note*: These services will be paid lump sum based on, percentage complete of each phase as identified in the individual tasks. • Note**: Construction Administration willbe paid on a monthly basis upon commencement of construction. In the event that, through no fault of the Consultant, Construction Administration services are required to be extended, which 'extension shall be subject to prior City approval, and what shall be at the City's sole discretion, the Consultant agrees to extend said services for$XXXXXX, per month,for the duration required to complete the Project. Note***: The Reimbursable Allowance belongs to the City and must be approved in writing, in advance;by the Project Administrator. Unused portions will not be paid to the Consultant. 32 SCHEDULE C HOURLY BILLING RATE SCHEDULE 33 DT B CONSTRUCTION SCHEDULE COSUDGET The City's Construction Cost Budget is $5 million. 34 • SCHEDULE E PROJECT SCHEDULE • • 35 ATTACHMENT A RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMORANDUM • • 36 ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) :•-- 37 ATTACHMENT C CONSULTANT'S RESPONSE TO THE RFQ 38 APPENDIX C • A1 ,6 AIDS: F3t iwi \ . ., A , I i Le Ltis, ',‘1/4-- d II .Y s STANDARD FORM 330 2020- 119—ND ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR LUMMUS PARK MASTER PLAN PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ARCHITECT-ENGINEER QUALIFICATIONS OMB Control Number: 9000-0157 Expiration Date: 12/31/2020 Paperwork Reduction Act Statement-This information collection meets the requirements of 44 USC§3507,as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget(OMB)control number. The OMB control number for this collection is 9000-0157. We estimate that it will take 29 hours(25 hours for part 1 and 4 hours for Part 2)to read the instructions,gather the facts,and answer the questions. Send only comments relating to our time estimate,including suggestions for reducing this burden,or any other aspects of this collection of information to: General Services Administration,Regulatory Secretariat Division(M1V1CB),1800 F Street,NW,Washington,DC 20405. PURPOSE DEFINITIONS Federal agencies use this form to obtain information from Architect-Engineer Services: Defined in FAR 2.101. architect-engineer(A-E)firms about their professional qualifications. Federal agencies select firms for A-E contracts on Branch Office: A geographically distinct place of business or the basis of professional qualifications as required by 40 U.S.C. subsidiary office of a firm that has a key role on the team. chapter 11, Selection of Architects Engineers, and Part 36 of the Federal Acquisition Regulation (FAR). Discipline: Primary technical capabilities of key personnel,as The Selection of Architects and Engineers statute requires the evidenced by academic degree, professional registration, public announcement of requirements for A-E services(with certification,and/or extensive experience. some exceptions provided by other statutes),and the selection of at least three of the most highly qualified firms based on Firm: Defined in FAR 36.102. demonstrated competence and professional qualifications according to specific criteria published in the announcement. Key Personnel: Individuals who will have major contract The Act then requires the negotiation of a contract at a fair and responsibilities and/or provide unusual or unique expertise. reasonable price starting first with the most highly qualified firm. The information used to evaluate firms is from this form and other SPECIFIC INSTRUCTIONS sources,including performance evaluations,any additional data requested by the agency,and interviews with the most highly Part I-Contract-Specific Qualifications qualified firms and their references. Section A.Contract Information. GENERAL INSTRUCTIONS 1. Title and Location. Enter the title and location of the contract for which this form is being submitted, exactly as shown Part I presents the qualifications for a specific contract. in the public announcement or agency request. 2. Public Notice Date. Enter the posted date of the agency's Part II presents the general qualifications of a firm or a specific notice on the Federal Business Opportunity website branch office of a firm. Part II has two uses: (FedBizOpps), other form of public announcement or agency request for this contract. 1. An A-E firm may submit Part II to the appropriate central, regional or local office of each Federal agency to be kept on.file. 3. Solicitation or Project Number. Enter the agency's A public announcement is not required for certain contracts,and solicitation number and/or project number, if applicable, agencies may use Part II as a basis for selecting at least three of exactly as shown in the public announcement or agency request the most highly qualified firms for discussions prior to requesting for this contract. submission of Part I. Firms are encouraged to update Part II on _ file with agency offices,as appropriate,according to FAR Part Section B. Architect-Engineer Point of Contact. 36. If a firm has branch offices,submit a separate Part II for each branch office seeking work. 4-8. Name, Title, Name of Firm, Telephone Number, Fax (Facsimile) Number and E-mail (Electronic `Mail) Address. 2. Prepare a separate Part II for each firm that will be part of Provide information for a representative of the prime contractor the team proposed for a specific contract and submitted with Part or joint venture that the agency can contact for additional I. If a firm has branch offices,submit a separate Part II for each information. branch office that has a key role on the team. INDIVIDUAL AGENCY INSTRUCTIONS Individual agencies may supplement these instructions. For example,they may limit the number of projects or number of pages submitted in Part I in response to a public announcement for a particular project. Carefully comply with any agency instructions when preparing and submitting this form. Be as concise as possible and provide only the information requested by the agency. AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330(REV.8/2016)PAGE 1 OF INSTRUCTIONS Prescribed by GSA-FAR(48 CFR)53.236-2(b) Section C. Proposed Team. 19. Relevant Projects. Provide information on up to five projects in which the person had a significant role that 9-11. Firm Name,Address, and Role in This Contract. demonstrates the person's capability relevant to her/his proposed Provide the contractual relationship, name,full mailing address, role in this contract. These projects do not necessarily have to and a brief description of the role of each firm that will be be any of the projects presented in Section F for the project team involved in performance of this contract. List the prime if the person was not involved in any of those projects or the contractor or joint venture partners first. If a firm has branch person worked on other projects that were more relevant than offices, indicate each individual branch office that will have a key the team projects in Section F. Use the check box provided to role on the team. The named subcontractors and outside indicate if the project was performed with any office of the current associates or consultants must be used,and any change must firm. If any of the professional services or construction projects be approved by the contracting officer.(See FAR Part 52 Clause are not complete, leave Year Completed blank and indicate the "Subcontractors and Outside Associates and Consultants status in Brief Description and Specific Role(block(3)). (Architect-Engineer Services)"). Attach an additional sheet in the same format as Section C if needed. Section F. Example Projects Which Best Illustrate Proposed Team's Qualifications for this Contract. Section D. Organizational Chart of Proposed Team. Select projects where multiple team members worked As an attachment after Section C, present an organizational together, if possible,that demonstrate the team's capability to chart of the proposed team showing the names and roles of all perform work similar to that required for this contract. Complete key personnel listed in Section E and the firm they are one Section F for each project. Present ten projects,unless associated with as listed in Section C. otherwise specified by the agency. Complete the following blocks for each project: Section E. Resumes of Key Personnel Proposed for this Contract. 20. Example Project Key Number. Start with"1"for the first project and number consecutively. Complete this section for each key person who will participate in this contract. Group by firm,with personnel of the 21. Title and Location. Title and location of project or prime contractor or joint venture partner firms first. The following contract. For an indefinite delivery contract,the location is the blocks must be completed for each resume: geographic scope of the contract. 12. Name. Self-explanatory. 22. Year Completed. Enter the year completed of the professional services(such as planning,engineering study, 13. Role in this contract. Self-explanatory. design,or surveying),and/or the year completed of construction, if applicable. If any of the professional services or the 14. Years Experience. Total years of relevant experience construction projects are not complete,leave Year Completed (block 14a),and years of relevant experience with current firm, blank and indicate the status in Brief Description of Project and but not necessarily the same branch office(block 14b). Relevance to this Contract(block 24). 15. Firm Name and Location. Name,city and state of the 23a. Project Owner. Project owner or user,such as a firm where the person currently works,which must correspond government agency or installation,an institution,a corporation or with one of the firms(or branch office of a firm, if appropriate) private individual. listed in Section C. 23b. Point of Contact Name. Provide name of a person 16. Education. Provide information on the highest relevant associated with the project owner or the organization which academic degree(s)received. Indicate the area(s)of contracted for the professional services,who is very familiar with the project and the firm's(or firms')performance. specialization for each degree. 17. Current Professional Registration. Provide information 23c. Point of Contact Telephone Number. Self-explanatory. on current relevant professional registration(s)in a State or possession of the United States, Puerto Rico,or the District of 24. Brief Description of Project and Relevance to this Columbia according to FAR Part 36. Contract. Indicate scope,size,cost,principal elements and special features of the project. Discuss the relevance of the 18. Other Professional Qualifications. Provide information example project to this contract. Enter any other information requested by the agency for each example project. on any other professional qualifications relating to this contract, such as education, professional registration,publications, organizational memberships,certifications,training,awards,and foreign language capabilities. STANDARD FORM 330(REV.8/2016) PAGE 2 OF INSTRUCTIONS 25. Firms from Section C Involved with this Project. Indicate 29. Example Projects Key. List the key numbers and titles of which firms(or branch offices,if appropriate)on the project team the example projects in the same order as they appear in Section were involved in the example project,and their roles. List in the F. same order as Section C. Section H. Additional Information. Section G. Key Personnel Participation in Example Projects. 30. Use this section to provide additional information This matrix is intended to graphically depict which key specifically requested by the agency or to address selection personnel identified in Section E worked on the example projects criteria that are not covered by the information provided in listed in Section F. Complete the following blocks(see example Sections A-G. below). Section I. Authorized Representative. 26.and 27. Names of Key Personnel and Role in this Contract. List the names of the key personnel and their 31.and 32. Signature of Authorized Representative and proposed roles in this contract in the same order as they appear Date. An authorized representative of a joint venture or the in Section E. prime contractor must sign and date the completed form. Signing attests that the information provided is current and 28. Example Projects Listed in Section F. In the column factual,and that all firms on the proposed team agree to work on under each project key number(see block 29)and for each key the project. Joint ventures selected for negotiations must make person, place an"X"under the project key number for available a statement of participation by a principal of each participation in the same or similar role. member of the joint venture. 33. Name and Title. Self-explanatory. SAMPLE ENTRIES FOR SECTION G (MATRIX) 26. NAMES OF KEY 27. ROLE IN THIS 28. EXAMPLE PROJECTS LISTED IN SECTION F PERSONNEL CONTRACT (Fill in "Example Projects Key"section below first, before (From Section E, (From Section E, completing table. Place "X"under project key number for Block 12) Block 13) participation in same or similar role.) 1 2 3 4 5 6 7 8 9 10 X X Jane A. Smith Chief Architect X X X X Joseph B. 'Williams Chief Mechanical Engineer Tara C. Donovan Chief Electricial Engineer X X X 29. EXAMPLE PROJECTS KEY NUMBER TITLE OF EXAMPLE PROJECT(From Section F) NUMBER TITLE OF EXAMPLE PROJECT(From Section F) 1 Federal. Courthouse, Denver, CO 6 XYZ Corporation Headquarters, Boston, MA 2 Justin S. Wilson Federal Building, 7 Founder's Museum, Newport, RI Baton Rouge, LA STANDARD FORM 330(REV.8/2016) PAGE 3 OF INSTRUCTIONS Part II-General Qualifications See the"General Instructions"on page 1 for firms with branch 9. Employees by Discipline. Use the relevant disciplines and offices. Prepare Part II for the specific branch office seeking associated function codes shown at the end of these instructions work if the firm has branch offices. and list in the same numerical order. After the listed disciplines, write in any additional disciplines and leave the function code 1. Solicitation Number. If Part II is submitted for a specific blank. List no more than 20 disciplines. Group remaining contract,insert the agency's solicitation number and/or project employees under"Other Employees"in column b. Each person number,if applicable,exactly as shown in the public can be counted only once according to his/her primary function. announcement or agency request. If Part II is prepared for a firm(including all branch offices),enter the number of employees by disciplines in column c(1). If Part II 2a-2e. Firm (or Branch Office)Name and Address. Self- is prepared for a branch office,enter the number of employees explanatory. by discipline in column c(2)and for the firm in column c(1). 3. Year Established. Enter the year the firm(or branch 10. Profile of Firm's Experience and Annual Average office,if appropriate)was established under the current name. Revenue for Last 5 Years. Complete this block for the firm or branch office for which this Part II is prepared. Enter the 4. Unique Entity Identifier. Insert the unique entity identifier experience categories which most accurately reflect the firm's issued by the entity designated at SAM. See FAR part 4.6. technical capabilities and project experience. Use the relevant experience categories and associated profile codes shown at the 5. Ownership. end of these instructions,and list in the same numerical order. After the listed experience categories,write in any unlisted a.Type. Enter the type of ownership or legal structure of the relevant project experience categories and leave the profile firm(sole proprietor, partnership,corporation,joint venture,etc.). codes blank. For each type of experience,enter the appropriate revenue index number to reflect the professional services b. Small Business Status. Refer to the North American revenues received annually(averaged over the last 5 years)by Industry Classification System(NAICS)code in the public the firm or branch office for performing that type of work. A announcement,and indicate if the firm is a small business particular project may be identified with one experience category according to the current size standard for that NAICS code(for or it may be broken into components,as best reflects the example, Engineering Services(part of NAICS 541330), capabilities and types of work performed by the firm. However, Architectural Services(NAICS 541310),Surveying and Mapping do not double count the revenues received on a particular Services(NAICS 541370)). The small business categories and project. the internet website for the NAICS codes appear in FAR part 19. Contact the requesting agency for any questions. Contact your 11. Annual Average Professional Services Revenues of Firm local U.S.Small Business Administration office for any questions for Last 3 Years. Complete this block for the firm or branch office regarding Business Status. for which this Part II is prepared. Enter the appropriate revenue index numbers to reflect the professional services revenues 6a-6c. Point of Contact. Provide this information for a received annually(averaged over the last 3 years)by the firm or representative of the firm that the agency can contact for branch office. Indicate Federal work(performed directly for the additional information. The representative must be empowered Federal Government,either as the prime contractor or to speak on contractual and policy matters. subcontractor),non-Federal work(all other domestic and foreign work,including Federally-assisted projects),and the total. If the 7. Name of Firm. Enter the name of the firm if Part II is firm has been in existence for less than 3 years, see the prepared fora branch office. definition for"Annual Receipts"under FAR 19.101. 8a-8c. Former Firm Names. Indicate any other previous 12. Authorized Representative. An authorized names for the firm(or branch office)during the last six years. representative of the firm or branch office must sign and date the Insert the year that this corporate name change was effective completed form. Signing attests that the information provided is and the associated unique entity identifier. This information is current and factual. Provide the name and title of the authorized used to review past performance on Federal contracts. representative who signed the form. STANDARD FORM 330(REV.8/2016) • PAGE 4 OF INSTRUCTIONS List of Disciplines (Function Codes) Code Description Code Description 01 Acoustical Engineer 32 Hydraulic Engineer 02 Administrative 33 Hydrographic Surveyor 03 Aerial Photographer 34 Hydrologist 04 Aeronautical Engineer 35 Industrial Engineer 05 Archeologist 36 Industrial Hygienist 06 Architect 37 Interior Designer 07 Biologist 38 Land Surveyor 08 CADD Technician 39 Landscape Architect 09 Cartographer 40 Materials Engineer 10 Chemical Engineer 41 Materials Handling Engineer 11 Chemist 42 Mechanical Engineer 12 Civil Engineer 43 Mining Engineer 13 Communications Engineer 44 Oceanographer 14 Computer Programmer 45 Photo Interpreter 15 Construction Inspector 46 Photogrammetrist 16 Construction Manager . 47 Planner: Urban/Regional 17 Corrosion Engineer 48 Project Manager 18 Cost Engineer/Estimator 49 Remote Sensing Specialist 19 Ecologist 50 Risk Assessor 20 Economist 51 Safety/Occupational Health Engineer 21 Electrical Engineer 52 Sanitary Engineer 22 Electronics Engineer 53 ' Scheduler 23 Environmental Engineer 54 Security Specialist 24 Environmental Scientist . 55 Soils Engineer 25 Fire Protection Engineer 56 Specifications Writer 26 Forensic Engineer 57 Structural Engineer 27 Foundation/Geotechnical Engineer 58 Technician/Analyst 28 Geodetic Surveyor 59 Toxicologist 29 Geographic Information System Specialist 60 Transportation Engineer 30 'Geologist 61 . Value Engineer 31 Health Facility Planner 62 Water Resources Engineer • • STANDARD FORM 330(REV.8/2016) PAGE 5 OF INSTRUCTIONS List of Experience Categories (Profile Codes) Code Description Code Description A01 Acoustics, Noise Abatement E01 Ecological&Archeological Investigations A02 Aerial Photography;Airborne Data and Imagery E02 Educational Facilities;Classrooms Collection and Analysis E03 Electrical Studies and Design A03 Agricultural Development;Grain Storage; Farm Mechanization E04 Electronics A04 Air Pollution Control E05 Elevators; Escalators;People-Movers A05 Airports;Navaids;Airport Lighting;Aircraft Fueling E06 Embassies and Chanceries A06 Airports;Terminals and Hangars; Freight Handling E07 Energy Conservation; New Energy Sources A07 Arctic Facilities E08 Engineering Economics A08 Animal Facilities E09 Environmental Impact Studies, Assessments or Statements A09 Anti-Terrorism/Force Protection E10 Environmental and Natural Resource A10 Asbestos Abatement Mapping All Auditoriums&Theaters El 1 Environmental Planning Al2 Automation;Controls; Instrumentation E12 Environmental Remediation . E13 Environmental Testing and Analysis B01 Barracks; Dormitories B02 Bridges F01 Fallout Shelters;Blast-Resistant Design F02 Field Houses;Gyms;Stadiums C01 Cartography F03 Fire Protection CO2 Cemeteries(Planning&Relocation) F04 Fisheries; Fish ladders CO3 Charting: Nautical and Aeronautical F05 Forensic Engineering F06 Forestry&Forest products C04 Chemical Processing&Storage C05 Child Care/Development Facilities G01 Garages;Vehicle Maintenance Facilities; C06 Churches;Chapels Parking Decks C07 Coastal Engineering G02 Gas Systems(Propane; Natural, Etc.) 008 Codes;Standards;Ordinances G03 Geodetic Surveying:Ground and Air-borne C09 Cold Storage;Refrigeration and Fast Freeze 004 Geographic Information System Services: C10 Commercial Building(low rise);Shopping Centers Development,Analysis,and Data Collection C11 Community Facilities G05 Geospatial Data Conversion:Scanning, C12, Communications Systems;TV;Microwave Digitizing, Compilation,Attributing,Scribing, C13 Computer Facilities;Computer Service Drafting C14 Conservation and Resource Management G06 Graphic Design C15 Construction Management - H01 Harbors;Jetties; Piers,Ship Terminal C16 Construction Surveying Facilities C17 Corrosion Control;Cathodic Protection; Electrolysis H02 Hazardous Materials Handling and Storage C18 Cost Estimating;Cost Engineering and H03 Hazardous,Toxic, Radioactive Waste Analysis; Parametric Costing;Forecasting Remediation C19 Cryogenic Facilities H04 Heating;Ventilating;Air Conditioning H05 Health Systems Planning D01 Dams (Concrete;Arch) H06 Highrise;Air-Rights-Type Buildings D02 Dams(Earth;Rock);Dikes; Levees H07 Highways;Streets;Airfield Paving;Parking Lots D03 Desalinization(Process&Facilities) H08 Historical Preservation D04 Design Build-Preparation of Requests for Proposals H09 Hospital&Medical Facilities D05 Digital Elevation and Terrain Model Development H10 Hotels; Motels D06 Digital Orthophotography H11 Housing (Residential, Multi-Family; D07 Dining Halls; Clubs; Restaurants Apartments;Condominiums) D08 Dredging Studies and Design H12 Hydraulics&Pneumatics H13 Hydrographic Surveying STANDARD.FORM 330(REV.8/2016) PAGE 6 OF INSTRUCTIONS List of Experience Categories (Profile Codes continued) Code Description v Code Description 101 Industrial Buildings; Manufacturing Plants P09 Product, Machine Equipment Design 102 Industrial Processes; Quality Control P10 Pneumatic Structures,Air-Support Buildings 103 Industrial Waste Treatment P11 Postal Facilities 104 Intelligent Transportation Systems P12 Power Generation,Transmission, Distribution 105 Interior Design;Space Planning P13 Public Safety Facilities 106 Irrigation;Drainage R01 Radar;Sonar;Radio&Radar Telescopes J01 Judicial and Courtroom Facilities R02 Radio Frequency Systems&Shieldings L01 Laboratories;Medical Research Facilities R03 Railroad; Rapid Transit L02 Land Surveying R04 Recreation Facilities(Parks, Marinas, Etc.) L03 Landscape Architecture R05 Refrigeration Plants/Systems L04 Libraries;Museums;Galleries R06 Rehabilitation(Buildings;Structures; Facilities) L05 Lighting(Interior;Display;Theater, Etc.) R07 Remote Sensing L06 Lighting(Exteriors;Streets; Memorials; RO8 Research Facilities Athletic Fields, Etc.) R09 Resources Recovery;Recycling M01 Mapping Location/Addressing Systems R10 Risk Analysis M02 Materials Handling Systems;Conveyors;Sorters R11 Rivers; Canals;Waterways;Flood Control M03 Metallurgy R12 Roofing MO4 Microclimatology;Tropical Engineering S01 Safety Engineering;Accident Studies;OSHA M05 Military Design Standards Studies MO6 Mining&Mineralogy SO2 Security Systems; Intruder&Smoke Detection M07 Missile Facilities(Silos; Fuels;Transport) S03 Seismic Designs&Studies M08 Modular Systems Design; Pre-Fabricated Structures or SO4 Sewage Collection,Treatment and Disposal Components S05 Soils&Geologic Studies;Foundations S06 Solar Energy Utilization N01 Naval Architecture;Off-Shore Platforms S07 Solid Wastes; Incineration;Landfill NO2 Navigation Structures; Locks S08 Special Environments;Clean Rooms, Etc. NO3 Nuclear Facilities; Nuclear Shielding S09 Structural Design;Special Structures 001 Office Buildings; industrial Parks S10 Surveying; Platting; Mapping; Flood 002 Oceanographic Engineering Plain Studies 003 Ordnance; Munitions;Special Weapons SI1 Sustainable Design S12 Swimming Pools P01 Petroleum Exploration; Refining S13 Storm Water Handling&Facilities P02 Petroleum and Fuel(Storage and Distribution) TO1 Telephone Systems(Rural;Mobile;Intercom, P03 Photogrammetry Etc.) PO4 Pipelines(Cross-Country-Liquid&Gas) T02 Testing&Inspection Services P05 Planning(Community, Regional,Areawide and State) T03 Traffic&Transportation Engineering P06 Planning(Site, Installation,and Project) T04 Topographic Surveying and Mapping T05 Towers(Self-Supporting&Guyed Systems) P07 Plumbing&Piping Design T06 Tunnels&Subways P08 Prisons&Correctional Facilities • STANDARD FORM 330(REV.8/2016) PAGE 7 OF INSTRUCTIONS List of Experience Categories (Profile Codes continued) Code Description U01 Unexploded Ordnance Remediation UO2 Urban Renewals;Community Development UO3 Utilities(Gas and Steam) V01 Value Analysis; Life-Cycle Costing W01 Warehouses&Depots W02 Water Resources;Hydrology;Ground Water W03 Water Supply;Treatment and Distribution W04 Wind Tunnels;Research/Testing Facilities Design Z01 Zoning;Land Use Studies STANDARD FORM 330(REV.8/2016) PAGE 8 OF INSTRUCTIONS ARCHITECT - ENGINEER QUALIFICATIONS PART I -CONTRACT-SPECIFIC QUALIFICATIONS A. CONTRACT INFORMATION 1. TITLE AND LOCATION (City and State) 2. PUBLIC NOTICE DATE 3. SOLICITATION OR PROJECT NUMBER B. ARCHITECT-ENGINEER POINT OF CONTACT 4. NAME AND TITLE 5. NAME OF FIRM 6. TELEPHONE NUMBER ' 7. FAX NUMBER 8. E-MAIL ADDRESS C. PROPOSED TEAM (Complete this section for the prime contractor and all key subcontractors.) (Check) cc 2 ›Fo° 9. FIRM NAME 10. ADDRESS 11. ROLE IN THIS CONTRACT - 'a(1)� a. 0 CHECK IF BRANCH OFFICE b. ❑CHECK IF BRANCH OFFICE C. ❑CHECK IF BRANCH OFFICE d. El CHECK IF BRANCH OFFICE e. CHECK IF BRANCH OFFICE f. CHECK IF BRANCH OFFICE D. ORGANIZATIONAL CHART OF PROPOSED TEAM Li (Attached) AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330(REV.8/2016) E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME 13. ROLE IN THIS CONTRACT 14. YEARS EXPERIENCE a.TOTAL b.WITH CURRENT FIRM 15. FIRM NAME AND LOCATION (City and State) 16. EDUCATION(Degree and Specialization) 17. CURRENT PROFESSIONAL REGISTRATION(State and Discipline) 18. OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) 19. RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If applicable) (3)BRIEF DESCRIPTION(Brief scope,size,cost.etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm a. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If applicable) (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE 0 Check if project performed with current firm b. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If applicable) (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE LI Check if project performed with current firm G. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED • PROFESSIONAL SERVICES CONSTRUCTION(If applicable) d (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE 0 Check if project performed with current firm (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If applicable) e. (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm STANDARD FORM 330(REV. 8/2016)PAGE 2 F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20. EXAMPLE PROJECT KEY QUALIFICATIONS FOR THIS CONTRACT NUMBER (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 21. TITLE AND LOCATION(City and State) 22. YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(It applicable) 23. PROJECT OWNER'S INFORMATION a.PROJECT OWNER b.POINT OF CONTACT NAME c.POINT OF CONTACT TELEPHONE NUMBER 24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (include scope,size,and cost) r ' • 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE a. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE b. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE C. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE d. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE e. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE f. STANDARD FORM 330(REV.8/2016)PAGE 3 G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS 26. NAMES OF KEY 27. ROLE IN THIS 28. EXAMPLE PROJECTS LISTED IN SECTION F PERSONNEL CONTRACT (Fill in "Example Projects Key"section below before completing table. (From Section E, Block 12) (From Section E, Block 13) Place'X"under project key number for participation in same or similar role.) 1 2 3 4 5 6 7 8 9 10 • 29. EXAMPLE PROJECTS KEY NUMBER TITLE OF EXAMPLE PROJECT(From Section F) NUMBER TITLE OF EXAMPLE PROJECT(From Section F) 1 6 2 7 3 8 4 9 5 10 STANDARD FORM 330(REV.8/2016)PAGE 4