Agreement with EDAW, Inc.
I.. ,
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
EDA W,INC.
FOR
PROFESSIONAL ARCIDTECTURAL AND ENGINEERING (A / E)
SERVICES
FOR "PHASE ONE" (PLANNING SERVICES) OF THE
MIAMI BEACH BOTANICAL GARDEN IMPROVEMENT PROJECT
MARCH 2004
Botanical Garden Improvement Project
March 2004
TABLE OF CONTENTS [Note: Needs to be updated]
ARTICLE 1 DEFINITIONS
1.1 City
1.2 City Commission
1.3 City Manager
1.4 Proposal Documents
1.5 Consultant
1.6 City's Project Coordinator
1.7 Program Manager
1.8 Basic Services
1.9 The Project
1.10 Force Majeure
1.11 Contract Amendment
1.12 Additional Services
1.13 Schedules
PAGE
2
2
2
2
2
3
3
3
3
3
4
4
4
5
DESCRIPTION
ARTICLE 2.
2.4
2.5
2.6
SCOPE OF SERVICES
Additional Services
Responsibility for Claims and Liabilities
Time
5
6
6
6
ARTICLE 3. THE CITY'S RESPONSmILITIES
11
ARTICLE 4. ADDITIONAL SERVICES
14
ARTICLE 5. REIMBURSABLE EXPENSES
15
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ARTICLE 6. COMPENSATION FOR SERVICES
16
ARTICLE 7, CONSULTANT'S ACCOUNTING RECORDS
18
ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS
18
ARTICLE 9. TERMINATION OF AGREEMENT 18
9.1 Termination for Lack of Funds 18
9.2 Termination for Cause 18
93 Termination for Convenience 19
9.4 Termination by Consultant 20
9.5 Implementation of Termination 20
9.6 Non-Solicitation 21
ARTICLE 10, INSURANCE
21
ARTICLE 11. INDEMNIFICATION
22
ARTICLE 12. VENUE
23
ARTICLE 13. LIMITATION OF LIABILITY
23
ARTICLE 14. MISCELLANEOUS PROVISIONS
24
ARTICLE 15. NOTICE
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SCHEDULES
SCHEDULE "A" - SCOPE OF SERVICES
SCHEDULE "B" - CONSULTANT COMPENSATION
SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE
SCHEDULE "D" - PROJECT SCHEDULE
27
35
36
37
IV
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
EDAW,INC.
FOR
PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A I E)
SERVICES
FOR "PHASE ONE" (PLANNING SERVICES) OF THE
MIAMI BEACH BOTANICAL GARDEN IMPROVEMENT PROJECT
MARCH 2004
THIS AGREEMENT made and entered into this -1JL ~ay of ~6t1L , 200~
by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the
laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida, 33139, and EDAW, IDe" a California
corporation, having its principal offices at 817 W. Peachtree Street NW, Suite 770, Atlanta, GA
30308 (hereinafter referred to as Consultant).
WIT N E SSE T H:
WHEREAS, on November 13, 2002, the City Commission authorized the issuance of
Request for Qualifications No. 08-02/03 for architecture, landscape architecture, and engineering
services needed to plan, design, and construct improvements to the Miami Beach Botanical
Garden (the RFQ); and
WHEREAS, on July 7, 2003, the City Commission authorized the Administration to
negotiate an Agreement with Consultant, as the top-ranked proposer pursuant to the RFQ; and
WHEREAS, the City Administration and Consultant have determined that an initial
Agreement, limited only to the AlE services related to the planning phase of the Botanical
Botanical Garden Improvement Project
March 2004
Garden Project, is the more prudent course of action, and accordingly the parties have negotiated
the foregoing "Phase One" Agreement.
NOW THEREFORE, City and Consultant, in consideration ofthe mutual covenants and
agreements herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida, 33139.
1.2 CITY COMMISSION "City Commission" shall mean the governmg and
legislative body ofthe City,
1.3 CITY MANAGER The "City Manager" shall mean the chief administrative
officer of the City. The City Manager shall be construed to include any duly authorized
designees, including a Project Coordinator, and shall serve as the City's representative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant.
1.4 PROPOSAL DOCUMENTS "Proposal Documents" shall mean the REQUEST
FOR QUALIFICATIONS No. 08-02/03 TO PROVIDE PROFESSIONAL PLANNING,
DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES NEEDED FOR
THE MIAMI BEACH BOTANICAL GARDEN IMPROVEMENT PROJECT (RFQ NO.
08-02103) issued by the City in contemplation of this Agreement, together with all
amendments thereto, if any, and the Consultant's proposal in response thereto (proposal),
which is incorporated by reference in this Agreement and made a part hereof; provided,
however, that in the event of an express conflict between the Proposal Documents and
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this Agreement, this Agreement shall prevail. The parties further agree and acknowledge
that this Agreement, and the services contemplated to be provided by Consultant hereto,
is intended only to address the planning phase of the Project, and any future services by
Consultant beyond those contemplated in this Agreement, shall require a duly authorized
and executed amendment.
1.5 CONSULTANT The "Consultant" is herein defined as EDAW, INC., a
California corporation having its principal offices at 817 W. Peachtree Street NW, Suite
770, Atlanta, GA 30308. When the term "Consultant" is used in this Agreement it shall
be deemed to include any sub-consultants and any other person or entity acting under the
direction or control of Consultant. Any subconsultants retained by Consultant pursuant
to this Agreement and the Project shall be subject to prior written approval of the City.
The following subconsultants were included in the Consultant's Proposal and are hereby
approved for the Project:
HOK, Inc.
Coastal Systems, Ine
Phyllis Shapiro
1.6 CITY'S PROJECT COORDINATOR The "City's Project Coordinator"
shall mean the individual appointed by the City Manager who shall be the City's
authorized representative to coordinate, direct, and review on behalf of the City, all
matters related to the Project, except as otherwise provided herein.
1.7 PROGRAM MANAGER The City has contracted the servIces of URS
CORPORATION to act as Program Manager for the City's Parks and Facilities
Improvements Program (Program), of which this Project is a part of. URS will function
as a representative of the City in performance of its program management role (as
detailed in Schedule "A", entitled "Scope of Services").
1.8 SERVICES The Services contemplated at this time include only planning
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services, as hereinafter stipulated. The City may, at its sole discretion, upon successful
negotiation with the Consultant, amend this Agreement to include design, bidding and
construction administration services, all as hereinafter stipulated,
1.9 PROJECT The "Project" shall mean that certain City Capital Project known
as the "Miami Beach Botanical Garden Project, as further described in Schedule "A",
attached hereto.
1.10 FORCE MAJEURE "Force Majeure" shall mean any delay occasioned by
superior or irresistible force occasioned by violence in nature without the interference of
human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar
unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or
regulations, enacted after the date of this Agreement and having a substantial impact on
the Project; other causes beyond the parties' control; or by any other such causes which
the Consultant and the City decide in writing justify the delay; provided, however, that
market conditions, labor conditions, construction industry price trends and similar matters
which normally impact on the bidding process shall not be considered a Force Majeure.
1.11 CONTRACT AMENDMENT "Contract Amendment" shall mean the written
order to the Consultant approved by the City, as specified in this Agreement, and signed
by the City's duly authorized representative, authorizing a change in the Project or the
method and manner of performance thereof, or an adjustment in the fees and/or
completion dates, as applicable. Contract Amendments shall be approved by the City
Commission, if they exceed twenty-five thousand dollars ($25,000.00), or the City
Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other
such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contract Amendments for less than twenty-five thousand
($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of
the City Commission for the approval of any such Contract Amendment.
1.12 ADDITIONAL SERVICES "Additional Services" shall mean those services
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described in Article 4 herein, which have been duly authorized in writing by the City
Manager prior to commencement of same.
1.13 SCHEDULES "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
Schedule A - Scope of Services.
Schedule B T Consultant Compensation: The schedule of compensation to the Consultant
for the Services contemplated in the Agreement Schedule "A", and for Reimbursable
Expenses, as defined, plus any Additional Services, as submitted by the Consultant and
approved by the City.
Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates
to the Consultant, as submitted by the Consultant and approved by the City.
Schedule D - Project Schedule.
ARTICLE 2. SCOPE OF SERVICES
2.1 The Consultant shall provide the Services for the Project, as set forth in Schedule
"A", attached hereto and incorporated herein. The Services for this Project will be
performed by the Consultant upon receipt of a written Notice to Proceed issued by the
City Manager, or his designee. Consultant shall countersign the Notice to Proceed.
2,2 The Consultant shall coordinate with sub consultants and other consultants, and
conform to all applicable building codes and regulations. Consultant, as it relates to its
Services, represents and acknowledges to the City that it is knowledgeable of codes, rules
and regulations applicable in the jurisdictions in which the Project is located, including
without limitation, local ordinances and codes (City of Miami Beach and Miami-Dade
County), Florida Statutes, Administrative rules and regulations, including, without
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limitation, Federal laws, rules and regulations, The Consultant agrees to comply with all
such laws, codes, rules, and regulations now in effect, and as may be amended or adopted
at any time during the term of this Agreement, and shall further take into account all
known pending changes to the foregoing, of which it should reasonably be aware.
2.3 The Consultant expressly agrees that all of its duties, services and responsibilities
under this Agreement shall be performed in accordance with the standard of care
normally exercised in the design of projects of this nature in South Florida. In addition,
Consultant represents that it is experienced and fully qualified to perform the Services
contemplated by this Agreement, and that it is properly licensed pursuant to the
applicable laws, rules and regulations, to perform such Services. Consultant warrants that
it shall be responsible for the technical accuracy of its documents and deliverables.
2.4 ADDITIONAL SERVICES
If required and so approved by the City, Consultant shall provide Additional Services as
noted in the attached Schedule "A" ("Scope of Services").
2.5 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the City
shall not constitute nor be deemed a release of the responsibility and liability of the
Consultant, its employees, subcontractors, agents and consultants for the accuracy and
competency of its designs, working drawings, specifications or other documents and
services; nor shall such approval be deemed to be an assumption of such responsibility by
the City for a defect, error or omission in designs, working drawings, specifications or
other documents prepared by the Consultant, its employees, subcontractors, agents and
consultants. However, the Consultant shall be entitled to reasonably rely upon the
accuracy and validity of written decisions and approvals furnished by the City and its
employees.
2.6 TIME It is understood that time is of the essence in the completion of this
Project, and in this respect the parties agree that Consultant shall complete the Services in
accordance with the Project Schedule, attached herein and incorporated herein as
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Schedule "D".
2.7 The Consultant shall perform the Services as expeditiously as is consistent with
the standard of professional skill and care required by this Agreement.
2.8 The parties agree that the Consultant's Services will be performed in a manner
that shall conform with the approved Project Schedule, which is attached to this
Agreement as Schedule "D". The Consultant may submit requests for an adjustment to
the Project Schedule, made necessary by undue time taken by the City to approve the
Consultant's submissions, and/or excessive time taken by the City to approve the Services
or parts of the Services. The City shall not umeasonably refuse to approve such
adjustment(s) to the Project Schedule if the request is made in a timely manner and is
fully justified.
2.9 In providing the Services described in this Agreement, the Consultant shall use its
best efforts to maintain, on behalf of the City, a constructive, professional, cooperative
working relationship with the City's Program Coordinator, the Program Manager, and
others that have been contracted to perform services and / or work pertaining to the
Project.
2.10 It is further the intent of this Agreement that the Consultant shall perform its
duties under this Agreement in a competent, timely and professional manner and that it
shall be responsible to the City for any failure in its performance except to the extent that
acts or omissions by the City or others make such performance impossible.
2.11 Whenever during the term of this Agreement, others are required to verify,
review, or consider any work performed by Consultant, including but not limited to the
design professionals, contractors, and 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
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industry standards for design or construction of comparable public projects; or which are
inconsistent with applicable laws, codes, ordinances, and regulations; or which are
inconsistent with standards or decisions provided in writing by the City's Program
Coordinator. Consultant will use reasonable care and skill in accordance with and
consistent with customary professional standards in responding to items identified as
discrepancies, errors and omissions by others. Consultant shall address comments
forwarded to it in a timely manner. The term "timely" shall be construed to mean as soon
as possible under the circumstances, taking into account the requirements of the Project
Schedule.
2.12 The City shall have the right at any time, and in its sole and absolute discretion, to
submit for review to consulting engineers or consulting architects or other consultants,
engaged by the City at its own expense for that purpose, any or all parts of the services
performed by the Consultant, and the Consultant shall cooperate fully in such review at
the City's request.
2.13 Consultant represents to City that any evaluations of the City's Project budget, a
Consultant generated Statement of Probable Construction Cost, and detailed estimates
that may be furnished pursuant to this Agreement, represent Consultant's best judgement
as a design professional familiar with the construction industry. Consultant cannot and
does not guarantee that bids or negotiated prices will not vary from any estimate of
construction cost or evaluation prepared or agreed to by Consultant.
2.14 Consultant agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certification of
authorization, or other form of legal entitlement to practice such services, it shall employ
and/or retain only qualified personnel to provide such services.
2.15 Consultant agrees to employ and designate in writing, within five (5) calendar
days after receiving its initial Notice to Proceed, a qualified licensed professional to serve
as the Consultant's project manager (herein after referred to as "Project Manager"). The
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Project Manager shall be authorized and responsible to act on behalf of Consultant with
respect to directing, coordinating and administrating all aspects of Services to be
provided and performed under this Agreement. The person selected by Consultant to
serve as Project Manager shall be subject to approval and acceptance by City.
Replacement (including reassignment) of said Project Manager shall not be made without
the prior written approval ofthe City.
2.16 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
to do such from City, to promptly remove and replace Project Manager, or any other
personnel employed or retained by Consultant, or any subconsultant or subcontractors
engaged by Consultant, which request may be made by City with or without stating its
cause.
2.17 Consultant herein represents to City that it has expertise In the type of
professional services that will be performed pursuant to this Agreement. Consultant
agrees that all Services to be provided by Consultant pursuant to this Agreement shall be
subject to City's review and approval and shall be in accordance with the generally
accepted standards of professional practice in the State of Florida, as well as in
accordance with applicable published laws, statutes, ordinances, codes, rules, regulations
and requirements of any governmental agencies having jurisdiction over the Project or
the Services to be performed by Consultant hereunder. In the event of any conflicts in
these requirements, Consultant shall notify City of such conflict and utilize its best
professional judgement to advise City regarding resolution of each such conflict.
2.18 Consultant agrees not to divulge, furnish or make available to any third person,
firm or organization, with City's prior written consent, or unless incident to the proper
performance of Consultant's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-
public information concerning Services to be rendered by Consultant hereunder, and
Consultant shall require its employees, agents, sub consultants and subcontractors to
comply with the provisions of this paragraph.
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2.19 Consultant shall establish and maintain files of documents, letters, reports, plans,
etc. pertinent to the Project. Consultant shall provide City with a copy of applicable
Project correspondence for City to file in its filing system. In addition, Consultant shall
provide electronic Project documents files to the City, upon the completion of the Scope
of Services contemplated in the Agreement, or in the event of termination of this
Agreement.
2.20 It is further the intent of this Agreement that the Consultant shall perform its
duties under this Agreement in a competent, timely and professional manner and that it
shall be responsible to the City for any failure in its performance except to the extent that
acts or omissions by the City or others make such performance impossible.
2.21 In the event Consultant is unable to timely complete the Project because of delays
resulting from untimely review by City or other governmental authorities having
jurisdiction over the Project or such delays which are caused by factors outside the
control of Consultant, Consultant shall provide City with immediate written notice stating
the reason for such delay and a revised anticipated schedule of completion. City, upon
review of Consultant's submittal and such other documentation as the City may require,
may grant a reasonable extension of time for completion of the remaining Services and
may provide reasonable compensation, if appropriate.
2.22 The Consultant covenants with the City to furnish its Services hereunder properly,
in accordance with the standards of its profession and in conformance with applicable
construction, building and health codes and other applicable Federal, State and local
rules, regulations and laws, of which it should reasonably be aware, throughout the term
of this Agreement. The City's participation in the design and construction of any Project
in no way relieves the Consultant of its professional duties and responsibilities under
applicable law and under the Agreement.
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ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Coordinator to act as the City's
representative with respect to services to be rendered under this Agreement (herein after
referred to as Project Coordinator). The Project Coordinator shall have authority to
transmit instructions, receive information, interpret and define City policies and decisions
with respect to Consultant's Services on this Project. However, the Project Coordinator is
not authorized to issue any verbal or written orders or instructions to Consultant that
would have the effect, or be interpreted to have the effect, of modifying or changing in
any way whatsoever, unless approved by the City Manager and/or City Commission in
compliance with Article 1.11 requirements, including but not limited to the following:
a) The Scope of Services to be provided and performed by Consultant hereunder;
b) The time the Consultant is obligated to commence and complete all such
Services; or
c) The amount of compensation the City is obligated or committed to pay
Consultant.
3.2 The City shall assist Consultant by placing at Consultant's disposal all
information City has available pertinent to the Project, including previous reports and any
other data relative to design or construction of the Project. It shall be fully understood
that City, in making such reports, site information, and documents available to the
Consultant, is in no way certifying representing and/or warranting as to the accuracy or
completeness of such data, including any information provided in the City's portion of
the Proposal Documents and backup documentation thereto. Any conclusions or
assumptions drawn through examination thereof shall be the sole responsibility of the
Consultant and subject to whatever measure it deems necessary to final verification
essential to its performance under this Agreement. Additional work required due to
inaccurate, incomplete or incorrect information supplied by the City may be undertaken
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by the Consultant as an Additional Service to this Agreement. Consultant shall notify the
City's Program Coordinator, in writing, in a timely manner and obtain said Program
Coordinator's written consent, before proceeding with the work. If Consultant proceeds
with the additional services without notifying and obtaining the consent of the City's
Program Coordinator, said work shall not be compensated as an additional service, and
shall be deemed to be within the original level of effort and deemed included within the
original Scope of Services contemplated herein.
33 In the City's sole discretion, the City may furnish legal, accounting and insurance
counseling services as may be required at any time for the Project, including such
auditing services as the City may require to verify the Consultant's applications for
payment or to ascertain that Consultant has properly remitted payment due to
subconsultants or vendors working on this project for which Consultant has received
payment from the City.
3.4 The City shall furnish required information and services and render approvals and
decisions in writing as expeditiously as necessary for the orderly progress of the
Consultant's Services. No approvals required by the City during the various phases ofthe
Project shall be unreasonably delayed or withheld; provided that the City shall at all times
have the right to approve or reject any proposed submissions of Consultant for any
reasonable basis.
3.5 The City Commission shall be the final authority to do or to approve the
following actions or conduct by passage of an enabling resolution or amendment to this
Agreement.
3.5.1 The City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement, except when noted
otherwise (i.e., where delegated to the City Manager or his designee) in this
Agreement.
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3.5.2 The City Commission shall be the body to consider, comment upon, or
approve any assignment, sale, transfer or subletting of this Agreement or any
interest therein and any subcontracts made pursuant to this Agreement.
Assignment and transfer shall be defined to include sale of the majority of the
stock of a corporate Consultant.
3.5.3 All required City Commission approvals and authorizations shall be
expressed by passage of an appropriate enabling resolution and, if an amendment,
by the execution of an appropriate amendment to this Agreement.
3.5.4 The City Commission shall hear appeals from the administrative decision
of the City Manager's appointed designee(s), upon the Consultant's written
request, in which case the Commission's decision shall be final.
3.5.5 The City Commission shall approve or consider all Contract Amendments
that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such
amount as may be specified by the City of Miami Beach Procurement Ordinance,
as amended).
3.6 The City Manager or his designee(s) shall serve as the City's representative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant. These authorizations shall include, without limitation: reviewing, approving,
or otherwise commenting upon the schedules, plans, reports, estimates, contracts and
other documents submitted to the City by the Consultant.
3.6.1 The City Manager shall decide, in his professional discretion, matters
arising pursuant to this Agreement which are not otherwise expressly provided for
in this Agreement, and shall attempt to render administrative decisions promptly
to avoid umeasonable delay in the progress of the Consultant's services. The City
Manager, in his administrative discretion, may consult with the City Commission
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concerning disputes or matters arising under this Agreement regardless of whether
such matters or disputes are enumerated herein.
3.6.2 The City Manager shall be authorized, but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the
Consultant, provided, however, that the Consultant's compensation or other
budgets established by this Agreement cannot be increased.
3.6.3 The City Manager, or his designee, shall be the representative of the City
authorized to issue a Notice to Proceed, as referenced in attached Schedule "A"
("Scope of Services").
3.6.4 The City Manager may approve Contract Amendments which do not
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such
amount as may be specified by the City of Miami Beach Purchasing Ordinance, as
amended) and which do not increase any of the budgets established herein.
3.6.5 The City Manager may, in his 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 his powers, duties and
responsibilities under this Agreement
ARTICLE 4. ADDITIONAL SERVICES
4.1 Additional Services for this Project will only be performed by the Consultant
following receipt of a written authorization by the City Manager prior to commencement
of same. Such authorization shall contain a description of the Services required; an
hourly fee, as provided in Schedule "c" with a "Not to Exceed" amount; additional
Reimbursable Expenses (if any); and an amended completion date for the remaining
Services (if any). "Not to Exceed" shall mean the maximum cumulative hourly fees
allowable, which the Consultant shall not exceed without specific written authorization
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from the City. The "Not to Exceed" amount is not a guaranteed maximum cost for the
services requested by the City and all costs applied to such shall be verifiable through
time sheet and reimbursable expense reviews.
4.2 The term "Additional Services" includes services involving the Consultant or any
subconsultants whether previously retained for the Services or not, or whether
participating as members with Consultant or not, subject to the City's right to previously
approve any change in the Consultants as set forth in this Agreement.
ARTICLE 5. REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the compensation for Services
contemplated in Schedule "A" and Additional Services (if any), and include actual
expenditures made by the Consultant and the Consultant's employees and consultants in
the interest of the Project. All Reimbursable Expenses pursuant to this Article, in excess
of $500, must be authorized in advance by the City's Program Manager. Invoices or
vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City,
along with supporting receipts, and other back-up material reasonably requested by the
City, and Consultant shall certify as to each such invoice that the amounts and items
claimed as reimbursable are "true and correct and in accordance with the Agreement".
5.2 Expenses subject to reimbursement in accordance with the above procedures may
include the following:
5 .2.1 The cost of testing or investigation of underground utilities, if authorized
by the City's Project Coordinator.
5.2.2 Expense of reproduction, postage and handling of drawings, specifications
and other documents, excluding reproductions for the office use of the Consultant
and sub-consultants. Courier and postage between the Consultant and its sub-
consultants are not reimbursable,
/
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5.2.3 Expenses for reproduction and the preparation of graphics for community
workshops
ARTICLE 6. COMPENSATION FOR SERVICES
6.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee
listed in Schedule "B" for the Scope of Services contemplated herein and in the attached
Schedule "A", based on the "Hourly Rate Schedule" presented in Schedule "C".
Payments for Services shall be made within forty-five (45) calendar days of receipt and
approval of an acceptable invoice by the City's Project Coordinator. Note that payments
shall be made in proportion to the Services performed, so that the payments for Services
shall not exceed the progress percentage noted in the Consultant's Progress Schedule,
submitted with each invoice. No markup shall be allowed on subcontracted Basic
Services.
6.2 Additional Services authorized in accord with Article 4 will be compensated
using the hourly rates forth in Schedule "C". Request for payment of Additional Services
shall be included with the monthly Services payment request noted in Article 6.5. All
Additional Services must be approved by the City's Project Coordinator prior to
commencement of same as noted in Article 4. Under no circumstances shall the "Not to
Exceed" amount noted in Schedule "B" be exceeded without prior written approval from
the City's Project Coordinator. No markup shall be allowed on subcontracted Additional
Services.
6.3 Reimbursable Expenses, as defined in Article 5, shall be paid up to the ''Not to
Exceed" amount noted in Schedule "B". Request for payment of Reimbursables shall be
included with the monthly Services payment request noted in Article 6.5. Proper backup
must be submitted with all reimbursable requests. No markup or administrative charges
shall be allowed on Reimbursable Expenses.
6.4 The City and the Consultant agree in accordance with the terms and conditions of
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this Agreement that:
6.4.1 If the scope of the Project or the Consultant's Services is changed
substantially and materially, the amount of compensation may be equitably
adjusted by mutual agreement ofthe parties.
6.4.2 Commencing on October 1, 2004, the Hourly Billing Rate Schedule
shown in Exhibit "c" may be adjusted annually based upon the Miami - Fort
Lauderdale Consumer Price Index issued by the U.S. Department of Labor,
Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying
the ratio of the April index divided by the previous year's index by the Hourly
Rate Schedule to define the new Hourly Rate Schedule. The maximum increase
will be limited to three percent (3%).
6.5 Method of Billing and Pavrnent. With respect to all Services, Consultant shall
submit billings on a monthly basis in a timely manner. These billings shall identify the
nature of the work performed; the total hours of work performed by employee category;
and the respective hourly billing rate associated with the employee category from the
Hourly Rate Schedule. In the event subconsultant work is accomplished utilizing the
lump sum method, the percentage of completion shall be identified. Billings shall also
itemize and summarize Reimbursables by category. Where written approval of the City
is required for Reimbursables, a copy of said approval shall accompany the billing for
such Reimbursable. When requested, Consultant shall provide backup for past and
current invoices that records hours for all Services by employee category and
reimbursable by category.
6.6 The City shall pay Consultant within forty-five (45) calendar days from receipt of
Consultant's proper statement.
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ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS
7.1 Consultant shall keep such records and accounts and require any and all
Consultant and sub consultants to keep such records and accounts as may be necessary in
order to record complete and correct entries as to personnel hours charged to the Project,
and any expenses for which Consultant expects to be reimbursed. All books and records
relative to the Project will be available at all reasonable times for examination and audit
by City and shall be kept for a period ofthree (3) years after the completion of all work to
be performed pursuant to this Agreement. Incomplete or incorrect entries in such books
and records will be grounds for City's disallowance of any fees or expenses based upon
such entries. All books and records which are considered public records shall, pursuant
to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes.
ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS
8.1 Electronic files of all documents, including, but not limited to, tracings, drawings,
estimates, specifications, investigations and studies completed or partially completed,
shall become the property of the City upon completion, termination, or abandonment of
the Project. Consultant shall deliver the above documents to the City within thirty (30)
days of completion of the Project, or termination of this Agreement, or termination or
abandonment ofthe Project.
8.2 Any re-use of documents by City without written verification or adaptation by
Consultant for the specific purpose intended will be without liability to Consultant.
ARTICLE 9. TERMINATION OF AGREEMENT
9.1 Termination For Lack Of Funds. The City is a governmental entity and is subject
to the appropriation of funds by its legislative body in an amount sufficient to allow
continuation of its performance in accordance with the terms and conditions of this
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March 2004
Agreement. In the event there is a lack of adequate funding for the Project, the Project
may be abandoned or terminated, and the City may cancel this Agreement as provided for
herein without further liability to the City.
9.2 Termination For Cause. The City may terminate this Agreement for cause in the
event that the Consultant (1) violates any provisions of this Agreement or performs same
in bad faith; or (2) unreasonably delays the performance of the Services, upon notice to
the Consultant, in writing, seven (7) days prior to termination. In the case of termination
by the City for cause, the Consultant shall be granted a thirty (30) day cure period after
receipt of written notice from the City.
9.2.1 In the event this Agreement is terminated by the City for cause, the City,
at its sole option and discretion, may take over the Services and complete them by
contracting with another consultant(s) or otherwise. In such event, the Consultant
shall be liable to the City for any additional cost incurred by the City due to such
termination. "Additional Cost" is defined as the difference between the actual
cost of completion of such incomplete Services, and the cost of completion of
such Services which would have resulted from payments to the Consultant
hereunder had the Agreement not been terminated.
9.2.2 Payment only for Services satisfactorily performed by the Consultant and
accepted by the City prior to receipt of a Notice of Termination, shall be made in
accordance with Article 6 herein and the City shall have no further liability for
compensation, expenses or fees to the Consultant.
9.2.3 Upon receipt of a written Notice of Termination, the Consultant shall
promptly assemble and submit to the City, as provided herein or as required in the
written notice, all documents, including drawings, calculations, specifications,
correspondence, and all other relevant materials created and/or otherwise
generated by Consultant pursuant to this Agreement. The City's receipt of all of
the afore stated materials shall be a condition precedent to Consultant's receipt of
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March 2004
any payment due.
9.2.4 In the event of a termination for cause, no payments to the Consultant
shall be made (1) for Services not satisfactorily performed; and (2) for assembly
of submittal of documents, as provided above.
9.3 Termination For Convenience. The City, in addition to the rights and options to
Terminate for Cause, as set forth herein, or any other provisions set forth in this
Agreement, retains the right to terminate this Agreement, at its sole option, at any time,
for convenience, without cause and without penalty, when in its sole discretion it deems
such termination is in the best interest of the City, upon notice to Consultant in writing
fourteen (14) days prior to termination. In the event City terminates Consultant's
services for its convenience, as provided herein, Consultant shall be compensated for all
Services rendered up to the time of receipt of said written termination notice, and for the
assembly and submittal to the City of documents for the Services performed, and the City
shall have no further liability for compensation, expenses or fees to the Consultant.
9.4 Termination By Consultant. The Consultant may only terminate this Agreement
for cause in the event that the City willfully violates any provisions of this Agreement or
umeasonably delays payment for the Services, upon written notice to the City, thirty (30)
days prior to termination. In that event, payment for Services satisfactorily performed by
the Consultant and accepted by the City prior to receipt of a Notice of Termination shall
be made in accordance with Article 6 herein. In the case of termination by Consultant for
cause, the City shall be granted a thirty (30) day cure period after receipt of written notice
from the Consultant.
9.4.1 The Consultant shall have no right to terminate this Agreement for
convenience ofthe Consultant.
9.5 Implementation Of Termination. In the event of termination, either for cause
or for convenience, the Consultant, upon receipt of the Notice of Termination, shall (1)
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March 2004
stop the performance of Services under this Agreement on the date and to the extent
specified in the Notice of Termination; (2) place no further orders or subcontracts except
for any that may be authorized, in writing, by the City, prior to their occurrence; (3)
terminate all orders and subcontracts to the extent that they relate to the performance of
the Services terminated by the Notice of Termination; (4) promptly assemble and submit,
as provided herein, all documents for the Services performed, including drawings,
calculations, specifications, correspondence, and all other relevant materials affected by
the termination; and (5) complete performance of any Services as shall not have been
terminated by the Notice Of Termination, and as specifically set forth therein.
9.6 Non Solicitation. The Consultant warrants that it has not employed or
retained any company or person, other than an employee working solely for the
Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay
any company or other person any fee, commission, gift or other consideration contingent
upon the execution of this Agreement. For breach or violation of this warranty, the City
has the right to terminate this Agreement without liability to the Consultant for any
reason whatsoever.
ARTICLE 10, INSURANCE
10.1 The Consultant shall comply throughout the term of this Agreement with the
insurance requirements stipulated herein. It is agreed by the parties that the Consultant
shall not commence any work on this Project until satisfactory proof of the following
insurance coverage has been furnished to the City. The Consultant will maintain in effect
the following insurance coverage:
(a) Professional Liability Insurance in the amount of One Million
($1,000,000.00) Dollars per occurrence, with a maximum deductible of$150,000
per occurrence, $450,000 aggregate. Consultant shall notify City in writing
within thirty (30) days of any claims filed or made against the Professional
Liability Insurance Policy.
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(b) Comprehensive General Liability Insurance III the amount of
$1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for
each occurrence, which will include products, completed operations, and
contractual liability coverage. The City must be named as an additional insured
on this policy.
(c) Worker's compensation and employer's liability coverage within the
statutory limits of the State of Florida.
10.2 The Consultant must give thirty (30) days prior written notice of cancellation or
of substantial modifications in the insurance coverage, to the City Manager.
10.3 The insurance must be furnished by an insurance company rated B+:VI or better,
or its equivalent, according to Bests' Guide Rating Book and must additionally be
furnished by insurance companies duly authorized to do business in the State of Florida
and countersigned by the company's Florida resident agent.
lOA Consultant shall provide to City a Certificate of Insurance or a copy of all
insurance policies required above. City reserves the right to require a certified copy of
such policies upon request. All certificates and endorsements required herein shall state
that the City shall be given thirty (30) days notice prior to expiration or cancellation of
the policy.
ARTICLE 11. INDEMNIFICATION
11.1 Consultant herein agrees to indemnify and hold harmless the City, and its officers,
agents and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant and other persons
employed or utilized by the Consultant in the performance of the Agreement.
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ARTICLE 12. VENUE
12.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein.
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, if in federal court. BY ENTERING INTO THIS AGREEMENT,
CONSULTANT AND OWNER 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.
ARTICLE 13. LIMITATION OF LIABILITY
13.1 The City desires to enter into this Agreement only if in so doing the City can
place a limit on City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the amount of the fees for Services agreed upon under the terms of the
Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby
expresses its willingness to enter into this Agreement with Consultant's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of
the fee for Services agreed upon under the terms of the Agreement, less the amount of all
funds actually paid by the City to the Consultant
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
23
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of the amount of fee under any this Agreement, which amount shall be reduced by the
amount actually paid by the City to Consultant for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed
upon the City by this Agreement. Nothing contained in this subparagraph 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 14. MISCELLANEOUS PROVISIONS
14.1 The laws of the State of Florida shall govern this Agreement.
14.2 Equal Opportunity Employment: Consultant agrees that it will not discriminate
against any employee or applicant for employment for work under this Agreement
because of race, color, religion, sex, age, national origin, disability or sexual orientation
and will take affirmative steps to ensure that applicants are employed and employees are
treated during employment without regard to sexual orientation, race, color, religion, sex,
age, national origin, or disability. This provision shall include, but not be limited to, the
following: employment upgrading, demotion or transfer; recruitment advertising, layoff
or compensation; and selection for training, including apprenticeships. Consultant agrees
to furnish City with a copy of its Affirmative Action Policy.
14.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act
(Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has
been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the City, may not
submit a bid on a contract with the City for the construction or repair of a public building
or public work, may not bids or 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. Violation of this
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March 2004
Section by Consultant shall result In cancellation and may result In ConsultantDs
debarment.
14.4 No Contingent Fee: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee working solely
for Consultant any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision, City shall have the right to terminate the Agreement without
liability at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
14.5 The Consultant represents that it has made and will make reasonable investigation
of all subconsultants to be utilized in the performance of work under this Agreement to
determine that they possess the skill, knowledge and experience necessary to enable them
to perform the services required. Nothing in this Agreement shall relieve the Consultant
of its prime and sole responsibility for the performance of the work under this
Agreement.
14.6 The Consultant, its consultants, agents and employees and sub contractors, shall
comply with all applicable Federal, State and County laws, the Charter, related laws and
ordinances of the City of Miami Beach, and with all applicable rules and regulations
promulgated by local, state and national boards, bureaus and agencies as they relate to
this Proj ect.
14.7 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered by Consultant, under any circumstances, without the prior written
consent of City.
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March 2004
14.8 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein;
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
ARTICLE 15. NOTICE
15.1 All written notices given to City by Consultant shall be addressed to:
City Manager Office
c/o Assistant City Manager Robert Middaugh
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Tim Hemstreet
Capital hnprovement Projects Director
Capital hnprovement Project Office
City of Miami Beach
1701 Meridian Avenue, Suite 201
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
EDA W Incorporated
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Botanical Garden Improvement Project
March 2004
817 W. Peachtree Street NW
Suite 770
Atlanta, Georgia 30308
Attn: Leo Alvarez
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed
in their names by their duly authorized officers and
witnesses and City Clerk on the day and year first h ei
ATTEST
~G ~(Uck
Robert Parcher, City Clerk
EDAW, Inc.
ATTEST:
Name of Corporation
s~re~
~~~
By:
:fl ~t1T'
(Corporate Seal)
uY-EJY\ I V~NeS(Deo/
Print Name and Title' 1f--J N G(~.
Z-S!!JaYOf~,20M
APPROVED AS 10
FORM & LANGUAGE
& fOR EXECUTION
~'-/'j- tJ'j
~^ on.
27
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SCHEDULE A
CITY OF MIAMI BEACH. FLORIDA
MIAMI BEACH BOTANICAL GARDEN IMPROVEMENT PROJECT
SCOPE OF AlE CONSULTANT SERVICES
CONSULTANT:
EDAW. INC.
BACKGROUND
The City of Miami Beach (CITY) has developed its multi-million dollar, multi-year
"Planned Progress" Capital Improvement Program to rebuild the City's existing roads,
infrastructure, utilities, parks and facilities, and to build new capital projects where they
are needed. The Program will dramatically improve the quality of life of the City's
residents and complement the enormous amount of private reinvestment that has taken
place in the City. For the park and facilities projects included in the Planned Progress
Program (including the Miami Beach Botanical Garden Improvement Project), the CITY
has contracted the services of URS Corporation to function as Program Manager
(PROGRAM MANAGER), and act as the CITY's agent with regard to all aspects of this
scope of services. Hence, PROGRAM MANAGER shall serve as the focal point of
contact with the Architectural! Engineering firm (CONSULTANT). The CITY will retain
contractual agreement responsibilities with the CONSULTANT firms.
This Project scope is limited to "Phase One" AlE services relative to the Miami Beach
Botanical Garden Improvement Project. For the purposes of this Agreement, the
contracted scope of services shall only include the architectural, landscape
architectural, and!or engineering and related professional services relative to planning
services for the Project, as hereinafter set forth, Article 1: Scope of Work. The City
may, at its sole discretion, upon successful negotiation with the Consultant, amend this
Agreement to include design, bidding, and construction administration services.
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MIAMI BEACH BOTANICAL GARDEN IMPROVEMENT PROJECT
The Miami Beach Botanical Garden was first opened in 1962 and at that time was
called the "Garden Center". In 1997 the Botanical Garden went through a $176,000
rehabilitation, which included the installation of a new fence around the facility,
enclosement of the two atria, and renovation of the restrooms to meet ADA
requirements. In 1998, the Mayor's Ad Hoc Committee developed a Master Plan which
was geared to provide a firm but flexible foundation for the future so that the next
generation could modify what was being done at the time to meet their needs. This
Master Plan was revised in June, 2000. In July 2001, the City contracted with the Miami
Beach Garden Conservancy, Inc., a not-for-profit corporation formed by citizens to
promote the Botanical Garden and to manage and operate the Garden to provide the
following benefits to the community:
. Enjoyment of a beautiful Botanical Garden
. Education for both children and adults
. A unique and enjoyable venue for visual and performing arts, special events,
receptions and community meetings
. A catalyst for community promotion of beautification and ecological
improvement of the City of Miami Beach
. A popular and memorable tourist destination
The Miami Beach Botanical Garden is located between the Convention Center and the
Holocaust Memorial and is bounded by Dade Boulevard to the north, Convention Center
Drive to the east, and 19th Street to the south. The surrounding neighborhood includes
low and high-density residential, commercial, institutional, and recreational uses. The
Project consists of improvements to the Garden's buildings, grounds, infrastructure,
plantings, and irrigation system, and associated work. This scope of work addresses
only the planning effort for the Project. Once the planning effort is completed and a
funded, prioritized program of improvements is determined, a separate scope of
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March 2004
services may be developed, at the City' s discretion and subject further to the
negotiation and approval of an amendment to this Agreement, to address design and
construction administration. A key factor that must be addressed in the planning effort
is the re-design and potential replacement of the current facility to satisfy the
accreditation requirements of the American Association of Museums (AAM).
Total construction funds budgeted for this Project are approximately $1,500,000 which
was allocated in the 1999 Miami Beach General Obligation Bond. During the planning
effort, additional funding may be identified.
Article I: Scope of Work: Revised Concept Plan
The Consultant will be responsible for the revision of the Concept Plan developed in
June 2000. One of the key factors that must be addressed in the revised Concept Plan
is the re-design of the current facility to satisfy the accreditation requirements of the
American Association of Museums (AAM). This plan will serve as the basis for the
development of the design and construction documents for the Botanical Garden.
Additionally, this phase will include an updated cost estimate for improvements. The
revised concept plan will be based on the "Scope of Work Info" document developed by
the Miami Beach Conservancy Board. The scope of services will include (but is not
limited to):
A, Data Gathering
Additional data gathering to include obtaining current site/boundary surveys, building
as-builts, and other relevant information for the planning and design efforts. The City will
provide all available relevant background information and documents before or during
the kick-off meeting. The Consultant will walk the site and evaluate existing conditions,
This scope does not include providing an updated and current survey of the site. The
Consultant will assist the City in obtaining a survey, by providing input to the proposed
surveyor's scope of work, and coordinating with the Surveyor retained by the City. The
Consultant will also obtain information on accreditation requirements of the American
Association of Museums.
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Oeliverables:
1, Kick off Meeting.
2. Attend reconnaissance site visit.
3. Assist the City in obtaining the required survey.
B. Workshop I
Prior to beginning the revision of the Master Plan, the Consultant will be required to
participate in a (1 )-day workshop with the City of Miami Beach staff, the Miami Beach
Garden Conservancy, URS and any other pertinent parties to obtain information
regarding the program requirements, wishes/desires and any information necessary to
update the existing Concept Plan. The final product at the end of this workshop will be
a quantified program for the Garden documented by the Consultant.
Oeliverables:
1. Statement of "Vision" for the Garden including such items as an update of
the Mission Statement, goals and objectives, as appropriate
2. Outline of programmatic / operational goals as related to criteria for AAM
accreditation,
3. Physical program requirements for facilities, outdoor functional spaces
and other site improvements, quantified by area and/or capacity or
function,
C, Preliminary Concept Plan/Alternatives
The Consultant will be required to develop preliminary concept plan and three
alternatives that incorporate the information obtained at Workshop I. The alternatives
should address landscaping, signage, circulation and building architectural elements.
The preliminary concept plan must address the American Association of Museums
accreditation requirements. Three Alternatives will be prepared based on the agreed
program established in the Workshop. These alternatives will explore and test distinctly
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March 2004
different approaches to spatial organization, circulation, design character and
connectivity to off site elements, but will each represent a positive and viable solution
that meets the stated program requirements.
The Alternatives will address such issues (as appropriate) as curatorial and interpretive
emphasis for the landscape; treatment of existing gardens, spaces and specimen
plants; access, 'main entrance' and pedestrian circulation pattern; menu of outdoor
spaces and venues; new buildings location size and character; treatment of existing
building (rehabilitation, replacement or removal); treatment of existing fountain;
ornamental planting, lighting, sign age, site furnishings and other amenities; security;
and offsite outreach opportunities.
Deliverables:
1, Alternative Concept Plans comprising plan view and diagrams at
appropriate scales.
2. Image boards/vignette sketches for design character of building and site
elements,
3. Narrative description,
4. Conceptual cost estimates.
5, Evaluation matrix comparing Alternatives cost, benefits, program
enhancement opportunities, outreach opportunities, and support for stated
Mission / AAM criteria,
D. Workshop II
The Consultant will be required to participate in a second workshop with City of Miami
Beach staff, the Miami Beach Garden Conservancy, URS and any other pertinent
parties to review the preliminary concept plan /alternatives. The goal for this workshop
is to review the plan presented and issue a directive for the Final Concept Plan.
The Consultant will present and review the Alternatives in a %-day working session with
Garden/Conservancy personnel staff and board members, City staff and Program
32
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March 2004
Manager and other appropriate parties. The outcome of the Workshop will be a
consensus Preferred Plan that is developed from one of the Alternatives or a
combination of elements from two or more.
Oeliverables:
1. Facilitate Workshop with staff and stakeholders as appropriate,
2, Sketch or Overlay draft of preferred plan based on comments and input of
Workshop participants,
E. Final Concept Plan
Based on the direction obtained in Workshop II, the Consultant will be required to
prepare a Final Concept Plan for the Botanical Gardens that will address the identified
program elements including accreditation requirements. The Final Concept Plan must
include (but is not limited to):
. A conceptual site plan with all program requirements.
. An architectural concept for both new and renovated buildings.
. An estimate of probable construction cost.
. A proposal for phasing the project which includes the estimate of probable
construction cost for each phase.
. An illustrative site plan of the revised Final Master Plan.
Oeliverables:
1, A Conceptual Site Plan (diagrammatic) defining the menu of program
requirements and their accommodation on the site, as well as key
functional and operational considerations such as entrance, visitor
circulation sequence, thematic organization of key spaces or collections,
etc.
2, Illustrative Site Plan (presentation graphic) illustrating all major proposed
improvements, including new and renovated buildings, gardens, and other
site spaces and site features, including major specimens, as well as
planted or other key design elements.
3, Conceptual plans, supplemented as appropriate with sections or vignette
sketches, of key facilities including new buildings and, as appropriate, re-
use of the existing building,
4, Narrative description of the concept, including botanical I curatorial
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March 2004
emphasis, support of Mission, and support of anticipated programming in
accordance with AAM criteria,
5, Preliminary cost estimate of all capital improvements.
6, Phasing plan identifying "First Phase" of improvements that meets the
available budget as quantified by the City.
7, Final Presentation,
8, Presentation to City Commission.
9, Additional two Meetings,
REIMBURSABLES
Reproduction Services:
CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of
reports, contract documents and miscellaneous items, as may be requested by CITY.
An allowance of $1,500 has been established for this purpose; unused amounts in this
allowance shall belong to the City.
Travel and Subsistence:
Not allowed.
MINIMUM DRAWING REQUIREMENT
The composite set of drawings to be produced shall contain sufficient information and
detail to clearly define all proposed improvements in terms of quantity, quality and
location. All drawings and details shall be to a scale sufficient to be legible. The
CONSULTANT shall propose a drawing list to be reviewed and approved by the
PROGRAM MANAGER.
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March 2004
SCHEDULE B
PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
EDA W. IDe,
CONSULTANT COMPENSATION
Please refer to the attached Schedule.
35
Botanical Garden Improvement Project
March 2004
SCHEDULE C
PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND EDA W. Inc.
HOURLY BILLING RATE SCHEDULE
Classification Hourlv Billinl!: Rate
Project Director $146,85 per hour
Project Manager $121.57 per hour
Landscape Architect $88.11 per hour
Designer $73.93 per hour
Project Administrator $121.53 per hour
Clerical $40.51 per hour
Project Director (Shapiro) $145.00 per hour
Project Director (Weymouth) $146.85 per hour
Senior Engineer $104.31 per hour
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March 2004
SCHEDULE D
PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND EDA W. Inc,
PROJECT SCHEDULE
Task Description:
1: Planning Services (Total)
Working days after Notice to Proceed
180 Days
A: Project Kick Off Meeting 1 Days
Data Gathering Meeting 30 Day
City I EDA W obtains site survey 25 Days
B: Workshop I 1 Days
Workshop I Deliverables 15 Days
C: Concept Plan Alternatives 32 Days
D: Workshop 2 1 Days
Workshop II Deliverables 15 Days
E: Final Concept Plans & Presentations 56 Days
F: Final Presentation 3 Days
G: City Commission Presentation 1 Days
The above durations are inclusive of a 5 working day response time by the Program Manager and
City for items submitted for review and approvaL
37
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